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Citation
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Judgment date
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| August 2023 |
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Plaintiff failed to prove guarantors liable for lump-sum debt; guarantee covered only post-27 November 2019 loan, suit dismissed.
Contract law – Guarantee – scope of guarantor’s liability determined by guarantee terms; Evidence – ex parte/formal proof requires plaintiff to prove case on balance of probabilities; Procedure – necessity to join/serve estate of deceased principal debtor before seeking full recovery.
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31 August 2023 |
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Leave to appeal out of time granted where delay was caused by counsel’s mistake and justice favoured hearing the appeal.
Civil procedure – extension of time for appeal – Section 79(1)(b) – "sufficient cause" where delay caused by counsel’s mistake. Evidence – affidavits by advocates – competence where deponent swears to facts within personal knowledge; rule against advocate as witness considered. Procedure – minor misnomer and citation of wrong provision not fatal; substantive justice over technicalities. Practice – severance of offending paragraphs in affidavits; costs to abide appeal result.
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31 August 2023 |
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Applicant granted leave to defend due to a bona fide dispute over payment and respondents' authority to represent deceased estates.
Civil procedure – Summary suit – leave to appear and defend under Order 36 rules 3 and 4; bona fide triable issue standard; succession law – locus standi of beneficiaries to sue absent probate or letters of administration; risk of double payment and unjust enrichment; potential advocate instruction/professional conduct issue.
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30 August 2023 |
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30 August 2023 |
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Applicant granted unconditional leave to defend summary suit due to triable dispute over existence and accuracy of the claimed debt.
Civil procedure – summary suit – leave to appear and defend – bona fide defence or triable issue required – Maluku test. Summary procedure – liquidated demand – necessity of clear documentary proof (facility letters, loan account statements) to justify summary recovery. Procedure – attachment of intended defence to affidavit in rejoinder – technical irregularity overruled where substantive justice not prejudiced. Remedies – grant of unconditional leave to defend; filing time for defence; costs to abide outcome of main suit.
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30 August 2023 |
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30 August 2023 |
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29 August 2023 |
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Failure by applicant and counsel to follow up ECCMIS notifications is not sufficient cause to set aside a dismissal.
Civil procedure – setting aside judgment/decree entered after dismissal – Order 36 Rule 11; sufficiency of cause for reinstatement; electronic court notification (ECCMIS) and counsel’s duty to monitor; competence and hearsay in supporting affidavits.
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29 August 2023 |
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28 August 2023 |
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28 August 2023 |
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A bank’s account coding and regulatory write-off do not extinguish the respondent’s debt or bar realisation of securities.
Banking law – security and enforcement – cash collateral, “post no debit” coding and perfection of security. Financial regulation – loan classification and write-off under The Financial Institutions (Credit Classification and Provisioning) Regulations, 2005 – write-off as accounting reclassification, not waiver. Contract damage causation – proof of causal link between bank’s conduct and contractor’s breach. Mortgage enforcement – right to realise securities subject to statutory procedure.
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28 August 2023 |
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28 August 2023 |
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Originating summons filed during pending suit was struck out for violating lis pendens and abusing court process.
Civil procedure — Lis pendens — Section 6 Civil Procedure Act — multiplicity of suits — abuse of court process — striking out originating summons — costs.
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25 August 2023 |
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23 August 2023 |
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21 August 2023 |
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Court varied interim preservation order to remain until the LCIA final award becomes enforceable as a decree of this Court.
• Arbitration – Interim measures – Concurrent jurisdiction of courts and arbitral tribunal; court authority to grant preservative measures against non-parties (banks).
• Arbitration – Institutional rules (LCIA Rule 25.3) – Tribunal authorisation after formation versus court jurisdiction.
• Interim relief – Duration and variation – whether measures lapse on termination of proceedings or may continue until award becomes enforceable domestically.
• Enforcement – Recognition and enforcement of foreign award as decree; preservation of assets pending enforceability.
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18 August 2023 |
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Applicant awarded repayment, compensatory damages and revised interest after respondent breached repayment undertaking.
Contract – breach of oral investment agreement and written acknowledgement; assessment of unliquidated damages after default judgment; general damages measured by loss/ROI; exemplary damages declined absent malicious or tortious conduct; court power to revise unconscionable contractual interest (7% per month) to fair pre‑ and post‑judgment rates (20% p.a. UGX, 10% p.a. USD); costs follow the event.
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18 August 2023 |
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Attachment binds property in custodia legis; sale by a non-registered mortgagee or during attachment without court leave is void.
Civil procedure – Execution and objector proceedings; attachment and custodia legis; Caveats – subsistence and maintenance; Mortgage law – requirement of registration for transfer of mortgagee rights; Receivership and insolvency – effect on power of sale; Priority – registered mortgage vs unregistered decree/warrant; Order 22 r.59 CPR; Registration of Titles Act s.54, s.92; Mortgage Act s.17 & s.20; Insolvency Act provisions on receivership.
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11 August 2023 |
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An applicant’s false affidavit about frozen bank accounts defeated leave to set aside a default judgment; application dismissed with costs.
Civil procedure – Order 36 r.4 (leave to appear and defend) – requirement of bona fide triable issue; affidavits – material falsehoods vitiating an application; setting aside default judgment; costs and execution of decree.
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9 August 2023 |
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Court granted limited freezing order over company assets after finding a prima facie case and real risk of dissipation.
Commercial injunctions – attachment before judgment (Mareva injunction) – requirements: prima facie case, real risk of dissipation, proportionality and disclosure – nominee shareholding and investment agreements – preservation of corporate assets pending trial.
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9 August 2023 |
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Applicants have standing and jurisdiction exists, but URSB lacks power and court will not invent a management-takeover remedy; application dismissed.
Company law – nominee shareholding and beneficial ownership – locus standi to sue; Civil procedure – subject-matter jurisdiction where contract performance occurs in Uganda; Statutory powers – limits of Uganda Registration Services Bureau and Registrar of Companies; Inherent jurisdiction – constrained, not to be used to invent remedy where statute provides alternatives; Remedies – Companies Act procedures preferable to court-ordered management takeover.
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9 August 2023 |
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Court refuses urgency to hear injunction during vacation where sale is not imminent and trial judge is available after leave.
Civil procedure – application for certificate of urgency to hear matter during court vacation; urgency test – imminence of threatened act; interim relief to interdict sale of property; allocation and availability of trial judge; directions to fix matter in chambers.
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9 August 2023 |
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A valid contractual termination does not excuse breach of express post-termination reconciliation and stock-handling obligations.
Contract law – termination for convenience clause – validity of notice; Implied terms and good faith – limits on implying term of good faith absent pleading or statutory basis; Post-termination obligations – express duties to reconcile and treat stock must be performed; Remedies – special damages require strict proof; general damages awarded for economic inconvenience and distress.
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9 August 2023 |
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Court issued a certificate of urgency to hear an attachment application during vacation to prevent removal of assets.
Certificate of urgency – Court vacation – Whether civil matters may be heard in vacation where assets are at risk – Inherent powers (section 98 CPA) – Attachment before judgment.
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9 August 2023 |
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Court granted certificate of urgency to hear an attachment application during court vacation to prevent removal of assets.
Civil procedure – Court vacation – Certificate of urgency – Attachment before judgment – Inherent powers of the court – Risk of removal of assets – Rule 3 Judicature (Court Vacation) Rules.
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9 August 2023 |
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Applicant failed to raise triable issues; leave to defend under Order 36 was refused and application dismissed with costs.
Order 36 leave to defend — triable issues; admissibility of unstamped instruments — duty may be assessed and paid; arbitration clause — inoperable clause does not oust court jurisdiction; enforcement of contractual interest — court enforces clear agreed rates absent illegality; severance of false affidavit paragraphs permitted.
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7 August 2023 |
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Court granted 60-day extension to comply with specific performance decree, imposing 15% interest due to delay and equity considerations.
Specific performance – decree for sale of land – enlargement of time to comply – requirement to show "good cause" and absence of inordinate delay. Equity and readiness/willingness – deposit of cheque after court-file delay; applicant not penalised for court’s lapse. Limitation Act – 12-year limitation to enforce judgment; Court cannot extend beyond limitation period. Extension terms – Court may impose conditions (interest at 15% per annum for delay).
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4 August 2023 |
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A foreign-provided CRS procured and used by a licensed hotel is an imported ancillary service taxable under VAT.
VAT – Import of services – destination principle – consumer is contracting recipient who procures and uses service in Uganda; Franchising/licensing in hospitality – CRS as integral, ancillary supply to brand license; Composite supplies – character determined by predominant/essential feature; Jurisdiction – High Court hears questions of law under TAT Act s.27(2).
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2 August 2023 |
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Evasive and general denials in a defence are deemed admissions; only specified defences proceed to trial.
Civil Procedure — Pleadings — Order 6 r.8; Order 7 r.10 — General and evasive denials must be specific or are treated as admissions. Civil Procedure — Remedies — Options where pleadings are defective: strike out, deem as admissions, order particulars, permit amendment. Civil Procedure — Abuse of process, sham, frivolous or vexatious pleadings — requisites and threshold for striking out. Contract/Commercial — Bank guarantee disputes — enforceability and effect of conditional guarantees as pleaded defences. Costs — allocation where strike-out application partially succeeds and defence partially sustained.
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1 August 2023 |
