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Citation
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Judgment date
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| November 2023 |
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A mortgagee must produce the mortgage instrument and sufficient evidence before obtaining foreclosure and eviction.
Mortgage law — foreclosure and sale; proof of mortgage terms — necessity of producing the executed mortgage instrument; statutory notice of default under Mortgage Act s.19(2); originating summons procedure (Order 37) — court must assess evidence even in unopposed matters; eviction requires clear, material evidence.
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30 November 2023 |
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Plaintiff proved an outstanding debt for supplied goods; court awarded principal, general damages, interest and costs.
Contract – sale and supply of goods – recovery of unpaid invoice amounts; burden of proof – documentary and oral evidence sufficient where defendant does not challenge. Civil procedure – ex parte hearing where hearing notice duly served – proceeding under Order 9 r.20(1)(a). Remedies – award of principal debt, general damages, interest and costs; exercise of court's discretion as to rates and periods of interest.
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30 November 2023 |
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Vendor breached a land sale agreement by re-selling land; purchaser entitled to refund, damages, interest and costs.
Contract law – sale of land – breach by vendor for failure to deliver title and sale to third parties; proof of payment – necessity of documentary evidence; remedies – refund, general damages, statutory interest and costs.
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30 November 2023 |
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Court set aside default judgment and allowed late filing of defences due to inadequate personal notice despite ECCMIS upload.
Civil procedure – Setting aside default judgment – Order 36 rule 11 – sufficient cause and enlargement of time. Service of process – Electronic notification via ECCMIS – adequacy of service – case-by-case recognition. Summary procedure – debt recovery – right to defend where triable issues of indebtedness exist.
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30 November 2023 |
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Court set aside default judgment and allowed applicants to file defences, finding ECCMIS notice not automatically adequate.
Civil procedure – setting aside default judgment – Order 36 rule 11 – exception to functus officio. Service of process – ECCMIS/electronic notification – adequacy of electronic notice assessed case-by-case where ruling was reserved for delivery "on notice". Enlargement of time – "sufficient cause" requires reasonable explanation and absence of inordinate delay. Summary procedure – leave to appear and defend where triable issues exist regarding indebtedness.
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30 November 2023 |
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Court holds bailiff fraudulent and negligent for private sale, poor valuation, and failure to account; substantial damages awarded.
Execution law — Bailiff liability — Distinction between bailiff (officer of court) and public officer; limitation not applicable.
Execution procedure — Sale of attached goods — Requirement to sell by public auction, advertise and account for bidders; private treaty sales contrary to warrant unlawful.
Tort — Fraud and negligence by enforcement officer for inadequate valuation, poor storage and failure to account.
Civil remedies — Declarations, special, general and punitive damages, interest and costs.
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30 November 2023 |
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A notice of appeal does not commence an appeal to the High Court; absence of a memorandum makes a stay of execution invalid.
Civil procedure – Appeals from Magistrate Grade I to High Court – appeal must be preferred by memorandum of appeal under Order 43(1) CPR; a notice of appeal does not commence the appeal to the High Court. Stay of execution – requirements include a valid appeal, potential substantial loss, absence of unreasonable delay, and security for due performance; stay improperly granted where no valid appeal exists.
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29 November 2023 |
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A temporary injunction halting foreclosure requires the applicant to deposit 30% upon notice of default; valuation not prerequisite.
Mortgage law – Regulation 13(1) Mortgage Regulations 2012 – 30% security deposit required when injunction would halt foreclosure triggered by notice of default. Mortgage law – Commencement of foreclosure – notice of default suffices to trigger sale process; notice of sale not required. Procedure – Injunctions – court may base required security on outstanding loan amount where no valuation report produced. Evidence/Procedure – Affidavit jurat – material ambiguity as to place of swearing may lead to striking off.
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29 November 2023 |
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Default judgment upheld where service proved and forgery allegation unproven; application dismissed with costs.
Civil procedure – Setting aside ex parte/default judgment – Order 9 r.27 CPR; Service of summons – effectiveness and proof; Allegation of forgery – need for forensic/convincing evidence; Sufficient cause – inability to take step and burden on applicant.
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29 November 2023 |
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Court appointed ICAMEK to arbitrate dispute, denied interim injunctions and mandamus, and dismissed interim relief application; costs each party.
Arbitration clause – validity and enforcement; court appointment of arbitrator where designated appointing body non-functional; interim measures pending arbitration – prima facie case, irreparable harm, balance of convenience; mandamus to compel payment of government monies where counterclaim and arbitration pending; public-interest considerations against injuncting government projects.
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29 November 2023 |
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Conditional leave to defend granted limited to quantum contingent on borrower’s liability; 30% security ordered.
Civil procedure – Order 36 summary suit – leave to appear and defend – threshold for triable issue; mere denial insufficient. Res judicata – prior mortgage possession proceedings distinct from guarantee enforcement – guarantees not barred by earlier orders. Contract/Guarantee law – guarantor’s liability is separate and contingent on principal borrower’s default; foreclosure does not automatically discharge guarantor. Procedural relief – conditional leave to defend subject to payment into court (30% security) and time for filing defence.
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27 November 2023 |
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Leave to appeal granted only on whether the objector was a response to execution and whether the applicant occupied the attached property.
Civil procedure – Leave to appeal under Order 44 CPR – discretionary test: seriousness, misdirection, real prospects of success; Objector proceedings vs execution – whether objector filed in response to execution bars finding of designed delay; Relevance of occupation of attached property in objector proceedings; Appeal timeliness and effect of filing notice of appeal without leave.
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27 November 2023 |
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27 November 2023 |
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Applicant satisfied Section 57 delivery and formal requirements; registrar granted leave to tax the unpaid bill of costs.
Advocates Act s.57 – requirements for bill of costs: signature, demand letter and delivery; Service on corporations – objective of notice; delivery to managing director and/or officer sufficient where awareness established; Taxation of advocates’ bills – registrar’s jurisdiction once statutory requirements met.
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27 November 2023 |
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An advocate who properly serves a signed bill and demand is entitled to taxation and costs when fees remain unpaid.
Advocates Act s.57 – bill of costs and demand letter; service on corporate entities; effective delivery via principal officer; taxation of advocate's bill; entitlement to costs where fees unpaid.
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27 November 2023 |
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Applicant entitled to taxation of its signed bill of costs after effective service and proof of unpaid legal services.
Advocates Act s.57 – Bill of costs – signature and delivery requirements; service on corporations – awareness suffices where principal receives documents; advocate-client relationship – implication from conduct of litigation; taxation of costs – leave to Registrar.
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27 November 2023 |
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24 November 2023 |
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A court refused to set aside an ex parte judgment where the applicant failed to demonstrate sufficient cause for non-appearance.
Civil Procedure – setting aside ex parte judgment – sufficient cause – non-appearance of counsel – delay in filing application – Order 9 Rule 27 CPR.
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23 November 2023 |
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23 November 2023 |
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Plaintiff must pay increased filing fees reflecting the amended plaint’s higher subject-matter value before hearing proceeds.
Court fees – amended plaint – increase in subject-matter value requires proportionate additional filing fees; Rule 6 SI 13-3 discretionary power to order payment of proper fees; preliminary objection for underpayment.
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23 November 2023 |
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23 November 2023 |
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Mortgagee lawfully sold mortgaged land after borrower’s default; borrower liable for outstanding debt, damages, interest and costs.
Banking law – loan default – borrower’s unconditional repayment obligation under loan agreement; commercial interest rate. Mortgage law – mortgagee’s statutory power of sale – compliance with demand/notice, valuation and advertisement requirements under Mortgage Act and Regulations. Civil procedure – effect of claimant’s failure to prosecute counterclaim; consequences of proceeding effectively ex parte. Remedies – assessment of outstanding debt, general damages and interest.
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22 November 2023 |
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22 November 2023 |
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Corporate veil pierced where company closure and conduct frustrated enforcement, directors held personally liable for outstanding judgment.
Company law – Piercing the corporate veil; enforcement of judgment – refusal/closure of company premises to frustrate execution; statutory basis – Section 20 Companies Act; authorities – Salomon; Prest v Petrodel; Beatrice Odongo v Tamp Engineering; lifting veil where company used to evade liabilities.
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22 November 2023 |
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A litigant may have a dismissed suit reinstated where non-appearance was due to counsel's mistake, without abuse of process.
Civil Procedure—Dismissal for non-appearance—Reinstatement of suit—Sufficient cause—Mistake of counsel—Withdrawal and refiling of applications—Abuse of process.
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22 November 2023 |
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Whether a consent judgment is enforceable and whether execution sale can be set aside for title, registration or valuation irregularities.
Civil procedure — Execution of decrees — Consent judgment v. settlement agreement — Enforceability of consent decrees by attachment and sale; Custodia legis — deposit of duplicate certificate of title and constructive custody by court officer; Registration of decree and warrant on title — effect and irregularities; Judicial sale — requirement of valid valuation, notice to judgment debtor and adequacy of forced‑sale price; Setting aside sale — necessity to prove substantial injury, fraud or collusion; Bailiff proceeds — deposit and distribution under court direction.
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22 November 2023 |
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Court granted leave to amend plaint to clarify claims, finding no specific prejudice and ordering timelines for filing and reply.
Civil procedure – Amendment of pleadings – Order 6 Rule 19 CPR – Leave to amend to determine real questions in controversy – Mistakes of former counsel not visited on litigant – Prejudice must be specific to refuse amendment – Costs to abide outcome.
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21 November 2023 |
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21 November 2023 |
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21 November 2023 |
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Out‑of‑time leave to appear in a summary suit dismissed; default judgment, interest and costs awarded to the plaintiff.
Civil procedure – Summary suit (Order 36 CPR) – Leave to appear and defend – 10-day time limit – Electronic filing (ECCMIS) – Consequences of late filing – Default judgment; interest and costs awarded.
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20 November 2023 |
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Court exercised inherent jurisdiction to grant preservative orders preventing registry acts that would frustrate enforcement of an arbitral award.
Arbitration—post‑award interim relief; inherent jurisdiction of High Court under s98 CPA; preservation of arbitral award enforcement; Section 91 Land Act—Commissioner’s powers to alter/cancel title; interlocutory relief against statutory bodies to prevent mootness.
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17 November 2023 |
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An ambiguous tax objection communication justified an extension of time to seek review; the Tribunal's dismissal was set aside.
Tax law – validity of objection decision – ambiguity and contradiction in objection communications – substantive defect versus defect of form – section 68 inapplicable to substantive ambiguity; Extension of time – reasonable/sufficient cause where taxpayer delayed due to tax authority’s unclear decision; Timing – six‑month rule applies to review applications not to applications for extension; Exercise of discretion – Tribunal misdirected and decision set aside.
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15 November 2023 |
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15 November 2023 |
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14 November 2023 |
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14 November 2023 |
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Mortgagee lawfully foreclosed despite procedural defects; borrower liable for outstanding balance (UGX 153,967,568.92) plus contractual interest.
Mortgage law – default and remedies; foreclosure and power of sale – compliance with Mortgage Act and Regulations; valuation and duty to obtain best price; admissibility of valuation reports; counterclaim for under-sale value and requirements to prove unlawful sale.
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14 November 2023 |
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A conditional stay of execution was granted pending appeal upon deposit of 30% of the decretal sum in court.
Tax law – Stay of execution – Conditions precedent – Substantial loss – Security for due performance – Payment of 30% assessed tax – Application for conditional stay of execution pending appeal.
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13 November 2023 |
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A misnomer in naming a party is not fatal where the applicant participated in the misnaming and cannot evade liability on that basis.
Civil procedure – Misnomer – Effect of incorrect party name – Whether misnomer is fatal to proceedings – Ex parte judgment – Setting aside ex parte judgment – Service by substituted means – Contractual liability for personal guarantee.
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13 November 2023 |
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Originating summons inappropriate where contested payment reconciliation and service of Mortgage Act notices require oral evidence.
Civil procedure – Originating summons under Order 37 r.4 – Appropriateness where factual disputes exist; Mortgage law – requirement and proof of statutory notices; Evidence – need for reconciliation, oral testimony and cross-examination; Stamp duty – non-payment not automatically fatal; estoppel where defendant benefited.
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13 November 2023 |
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Leave to defend granted where applicant raised a bona fide triable issue on existence of an enforceable contract.
Civil procedure – summary suit – leave to appear and defend – bona fide triable issue; Contract formation – appointment letter vs subcontracting; Locus standi – party to the contract; Relief – file defence within 15 days; Costs follow the cause.
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13 November 2023 |
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Consent judgment upheld; counsel not disqualified; injunctions refused; applicants’ challenge dismissed.
• Advocates' professional conduct – Regulation 9 (advocate-witness rule) – disqualification requires necessary, non-cumulative testimony and real prejudice; speculative claims insufficient. • Civil procedure – consent judgments – can be set aside only for fraud, collusion, mistake or contravention of court policy; non-participation of proper (not necessary) parties does not vitiate consent. • Administrative/land law – Registrar’s powers under s.91 Land Act; correction of register; substitution of assignee. • Constitutional/administrative law – Attorney General’s legal opinion carries persuasive and binding weight for public institutions. • Interim relief – interlocutory injunctions for mortgaged commercial land require prima facie case, irreparable harm, and favourable balance of convenience; damages often adequate remedy.
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10 November 2023 |
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Taxing officer erred by allowing respondent separate bills absent separate proceedings; awards set aside and remitted for re-taxation.
Advocates’ costs – Taxation – Regulation 42 (Advocates (Remuneration & Taxation of Costs) Regulations) – Same advocate for two or more clients – Separate bills permissible only where separate proceedings were taken and found necessary – Taxing officer’s discretion and compliance with rules – Reference and remission for re-taxation.
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7 November 2023 |
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Amending a contract to comply with statutory requirements is not contempt for an injunction restraining termination.
Contempt of court – temporary injunction restraining implementation of termination letter – distinction between contract termination and statutory-mandated amendment; National Payment Systems Act (s.48) compliance; elements of contempt (order, notice, non-compliance, wilfulness) and criminal standard of proof.
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6 November 2023 |
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Leave to defend granted where bona fide triable issue exists on contract formation and locus standi.
Civil procedure – Summary suit – Leave to appear and defend – Bona fide triable issue required to defeat summary procedure; Contract formation – whether appointment letter constituted enforceable contract; Locus standi – whether respondents entitled to sue where primary contract was with third party.
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6 November 2023 |
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1 November 2023 |
