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Citation
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Judgment date
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| July 2023 |
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Affidavit with mismatched annexures and doubtful signing was struck out; applicant granted leave to appear and defend.
Civil procedure – leave to appear and defend; preliminary objection – competence of affidavit; Oaths Act and Commissioner for Oaths rules; electronic signatures; annexures mismatch; Order 6 r.28 - illegality may be raised at any time.
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31 July 2023 |
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Borrower defaulted; guarantor liable; court reduced an unconscionable 120% p.a. interest to 25% p.a. and awarded principal plus costs.
Contract law – Loan agreement and memoranda of understanding – Default on repayment; implied admissions where allegations not specifically denied (Order 8 Rule 3). Suretyship – Liability of guarantor crystallizes upon principal debtor's default (Contracts Act s.71). Interest – Excessive, harsh or unconscionable contractual interest may be reopened and substituted by court (Civil Procedure Act s.26(1)); court reduced 120% p.a. to 25% p.a. Civil procedure – Ex parte hearing where defendants failed to appear.
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28 July 2023 |
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Principal debtor defaulted; guarantor liable; excessive contractual interest reduced to 25% per annum.
Contract law – loan agreement and memoranda of understanding – default and admissions under pleadings (Order 8 Rule 3). Guarantee – guarantor’s liability crystallizes upon principal debtor’s default (Contracts Act s71). Interest – contractual interest of 10% per month (120% p.a.) declared harsh and unconscionable; court reduced interest to 25% p.a. (civil equitable power to moderate oppressive interest). Remedies – judgment for principal sum, moderated interest and costs.
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28 July 2023 |
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The plaintiffs recover UGX 238,000,000 under a valid settlement; alleged duress and defendant’s counterclaim fail.
Contracts — Illegality — Section 19 Contracts Act exceptions where plaintiff ignorant and illegal object not effected; Land law — non‑citizen freehold prohibition; Evidence — duress/torture requires corroboration; Enforcement — valid settlement enforceable; Remedies — refund with interest and costs.
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27 July 2023 |
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Settlement agreement enforced; Plaintiffs awarded UGX 238,000,000 plus 8% interest after illegality objection was overruled.
Contracts — illegality — section 19 Contracts Act — exception where plaintiff ignorant of illegality and illegal object not effected; Land law — non‑citizens prohibited from holding freehold — transfer requirements; Evidence — duress/torture allegations require corroboration (medical/evidential proof); Settlement agreements — voidability vs voidness; Remedies — restitution, interest and costs.
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27 July 2023 |
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Court declined injunction, ordered arbitration to proceed and struck out duplicative suit as an abuse of process.
Arbitration law – stay and primacy of arbitration – court must not entertain disputes already referred to arbitration under the Arbitration and Conciliation Act. Interlocutory relief – injunction – where arbitration pending court will generally decline jurisdiction and need not examine injunctive criteria. Abuse of process – instituting parallel court proceedings duplicative of arbitration may lead to dismissal and striking out of suit. Civil procedure – power to strike out and refer parties to arbitration; costs awarded against applicant.
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24 July 2023 |
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Court held plaintiff retained ownership where purported seller lacked capacity, buyer acquired no good title and 3rd defendant breached payment terms.
Company law — capacity of foreign company to sue through principal officer without board resolution; Order 29 r.1 CPR. Sale of goods — documents of title and bills of lading; nemo dat quod non habet; Sale of Goods and Supply of Services Act provisions on capacity and sale by non-owner. Contract — breach for non-payment under commercial invoice; remedies include declaration of ownership, injunctions, re-export facilitation, damages and costs. Customs / custody — URA holding goods pending determination of ownership; duty to release after court order and tax compliance.
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17 July 2023 |
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A Taxing Officer may quantify costs but questions on bailiff fees or existence/scope of an advocate-client retainer must be referred to a High Court judge.
Civil procedure – consultative case stated – reservation of question of law to High Court – criteria and procedure under Order 50 r.7 and s.62(2) Advocates Act. Taxation – scope of Taxing Officer – limited to quantifying costs/ taxing bills of costs; cannot vary costs orders or decide existence/scope of advocate-client retainer. Court bailiffs – entitlement to fees under Judicature (Court Bailiffs) Rules, 2022 is a question appropriate for a judge.
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14 July 2023 |
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Court enforces notarised advocate-client fee agreement, finds US$100,000 reasonable and dismisses applicant’s challenge.
Advocates Act – fee agreements – formal requirements (writing, signature, notary certificate) – compliance and effect. Advocates’ remuneration – fairness and reasonableness – test for unconscionability and proportionality to services and value of subject matter. Civil Procedure – summary suit and Order 36 leave to appear and defend – requirement to show bona fide triable issue. Civil Procedure – consolidation of interlocutory applications where common issues and parties exist.
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14 July 2023 |
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Court granted unconditional leave to defend where applicant raised triable issues regarding loan terms and bank's actions.
Civil procedure — Summary procedure — Leave to appear and defend — Triable issues — Loan agreements — Misrepresentation — Enforceability of personal guarantees — Legality of interest rates.
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13 July 2023 |
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12 July 2023 |
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Applicant failed to show manifest fraud or unconscionability to restrain a demand performance guarantee under URDG 758.
Commercial law — Demand/drawn performance guarantees (URDG 758) — Autonomy and strict compliance principles — Exceptions permitting injunctions: manifest fraud, unconscionability or express negative stipulation — High threshold for restraining bank payment.
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10 July 2023 |
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Appellants lacked standing and the Taxing Officer’s award of instruction fees was not manifestly excessive; appeal dismissed.
Advocates Act s.62 – right of appeal from Taxing Officer – standing as "person affected" required. Taxation of costs – instruction fees – factors: complexity, importance, volume, skill and work deployed. Discretionary exercise – appellate interference only for error of principle, manifest excess or injustice. Costs against counsel personally – punitive/deterrent element when conduct is reprehensible.
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10 July 2023 |
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Applicant’s request to substitute title deeds for the required 30% cash security was refused; 30 days granted to pay and costs awarded to respondent.
Mortgage law – Mortgage Act s.20 remedies; Mortgage Regulations (Reg.13(1)) – requirement of 30% security for injunction; deposit of title deeds in lieu of cash; abuse of court process; foreclosure/forced sale; costs.
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7 July 2023 |
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A foreign seller retained ownership of shipped goods after a void resale by a non-existent entity, with contract breach established.
Civil procedure – Competence of suit – Authority to institute proceedings by foreign company – Sale of goods – Passing of title – Validity of sale by non-existent business – Lien – Breach of contract – Remedies – Declaratory and injunctive relief.
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7 July 2023 |
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Court set aside erroneous dismissal, reinstated the applicants' application and stayed execution pending its determination.
Civil procedure – Setting aside ex parte dismissal – Order 9 rule 27 CPR; Judicature Act ss.17(2), 33 and CPA s.98 – “sufficient cause” – reinstatement of application – stay of execution pending determination – costs discretion.
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7 July 2023 |
