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Citation
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Judgment date
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| September 2023 |
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The respondent is liable for unpaid equipment rent; subcontractors are not required to indemnify due to respondent’s underperformance.
Contract law – equipment rental – breach and rent arrears; judgment on admission; evidentiary weight of site supervisor’s unchallenged testimony; fuel shortages/theft not contractual exceptions; indemnity – absence of express clause and denial of implied indemnity due to underperformance (unclean hands); special damages must be pleaded and proved.
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30 September 2023 |
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The respondent breached the transport contract by failing to pay; applicant awarded unpaid fees, contractual penalties and costs.
Contract law – breach for non-payment of agreed transport fees – evidence of acknowledgment of debt (signed financial confirmation and electronic correspondence). Civil procedure – failure to call witnesses – expunging of exhibits and witness statements under Order 18 rule 5A(5). Contractual remedies – agreed penalty clause (5/10,000 per day) enforceable and quantifiable using confirmed account reconciliation. Pleadings – reliefs not pleaded (general damages, interest) cannot be granted.
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30 September 2023 |
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Reinstatement refused where applicant failed to prove sufficient cause for non-appearance and unreasonably delayed seeking relief.
Civil procedure – Reinstatement of dismissed suit (Order 9 r23 CPR); dismissal for non-appearance vs want of prosecution; sufficiency of cause for non-appearance; effect of counsel’s negligence and litigant’s own diligence; service and delay in bringing reinstatement application.
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29 September 2023 |
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Oral tenancy evidenced by receipt estops the respondent; breach entitles the applicant to damages and costs.
Contract – Formation and enforcement of oral tenancy – receipt as evidence and estoppel (s.114 Evidence Act); Breach of contract – failure to deliver vacant possession and re-letting constitutes breach; Damages – entitlement to compensation for breach; special damages must be strictly proved; assessment of general damages and interest; Civil procedure – costs follow the event where plaintiff succeeds in main purpose of suit.
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29 September 2023 |
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A secured creditor may seize and auction mortgaged vehicles after debtor default and breach, subject to audit and escrow.
Security Interest in Movable Property Act 2019 – enforcement of chattel mortgages – Sections 44, 47, 48; duty of good faith (s.5(2)); expedited possession and sale of movable collateral; removal of collateral outside jurisdiction as breach; insurance cover does not discharge repayment obligations; audit and escrow of sale proceeds.
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29 September 2023 |
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Failure to obtain a Notice to Show Cause rendered execution proceedings fatally defective; payment to advocates with RTGS evidence discharged the decree.
Civil procedure – execution of decree – limitation under Section 35(1) CPA and Section 3(3) Limitation Act – effect of pending related proceedings on reckoning time. Civil procedure – execution – Order 22 Rule 19 CPR – requirement to issue Notice to Show Cause before execution where applicable. Agency/advocates – payment to advocate as agent – when payment to advocate discharges client’s debt; doctrine of notice. Consent judgments – ascertainment of quantum and interplay with set‑off and mutual debts. Procedure – misnomer of deceased litigant – continuation by estate and competence of proceedings.
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29 September 2023 |
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28 September 2023 |
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28 September 2023 |
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28 September 2023 |
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Court allowed the applicant to amend the plaint to add transferees, land registration officer and bailiff; costs to abide outcome.
Civil procedure – amendment of pleadings – Order 6 r.19; liberal approach to amendments before hearing. Joinder of parties – Order 1 r.3 – addition of transferees, land registration officer and bailiff as proper parties. Affidavits – curable formal defects; supplementary affidavit filed before pleadings closed – no leave required (Order 8 r.18(2)). Preliminary objections – abatement and cause of action objections previously overruled; cannot preclude merits.
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28 September 2023 |
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Spousal consent is required for transfer or mortgage of family land; sale and mortgage without consent are unlawful.
Land law – Family land – Requirement of spousal consent for sale, mortgage or other disposition under section 39 of the Land Act and Article 31 of the Constitution. Property – Transfer and mortgage of jointly acquired land without spousal consent – Sale unlawful and mortgage voidable/fraudulent. Possession – Occupier who acquires land through an unlawful transfer is a trespasser. Remedies – Declarations, vacant possession/eviction, permanent injunction, delivery of documents, general damages, interest and costs.
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27 September 2023 |
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The respondent bank was held in contempt for failing to comply with a garnishee order and ordered to pay the decretal sum and damages.
Civil contempt – garnishee order absolute – existence, service and knowledge of order – failure to comply – wilful and mala fide non-compliance. Remedies – payment of decretal sum, award of general damages and costs for contempt.
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26 September 2023 |
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Court affirmed veil-piercing but limited the applicant’s liability to his pro rata shareholding and ordered each party to bear costs.
Civil procedure — Review — error apparent on face of record; Companies — Piercing corporate veil under s.20 Companies Act for impropriety/fraud; Privity — non-parties in privity bound by judgments; Execution — joint and several liability and equitable apportionment (pro rata share); Novation — requires creditor’s consent.
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25 September 2023 |
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Whether mortgage recorded after fraudulent transfer is void; court cancels transfer and mortgage, dismisses claim against mortgagee.
Land law – registration and transfer – alleged fraudulent registration of land title; Mortgage law – validity of mortgage created on irregularly transferred title; Civil procedure – cause of action and preliminary objection; Evidence – burden and standard of proof in fraud allegations; Remedies – declarations, cancellation of registration/mortgage, injunctions, damages and costs.
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22 September 2023 |
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Tour operator breached contract; tourism authority breached statutory duty and is negligent, entitling plaintiff to damages and costs.
Contract law – breach of contract by tour operator; Statutory duty – Uganda Tourism Act 2008 imposes licensing, inspection and monitoring duties on tourism authority; Public authority liability – breach of statutory duty and negligence where omission to regulate causes foreseeable loss; Remedies – compensatory damages, interest and costs.
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21 September 2023 |
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Applicants failed to show a bona fide triable defence in a summary banking suit; judgment entered for the respondent with interest and costs.
Banking law – summary suit (Order 36) – leave to appear and defend – requirement to show bona fide triable issue; proof of payment; third‑party indebtedness and consent judgments do not bind bank absent instruction or agreement; claim against third party is a separate remedy.
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20 September 2023 |
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The applicant failed to show a triable defence; summary judgment entered for the respondent with interest and costs.
Civil procedure – Summary judgment (Order 36) – Leave to appear and defend – Requirement to show a bona fide triable issue by affidavit; mere allegations insufficient. Evidence – Burden to prove disputed payment; failure to produce proof defeats alleged dispute. Third-party claims – A defendant’s claim or consent judgment against a third party does not constitute a defence to plaintiff where plaintiff was not party to those agreements. Banking law – Bank cannot be required to deduct from third‑party accounts absent customer instruction or authority.
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20 September 2023 |
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Court pierced corporate veil, allowing execution against directors for using company as a sham to evade creditor recovery.
Companies Act s.20 – Lifting/piercing corporate veil – exceptional remedy – requires impropriety and use of company as a sham to avoid or conceal liability; wrongful and fraudulent trading; directors’ personal liability for company debts; evidence: failure to file returns, concealment of business premises, directors’ control and avoidance of creditors.
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19 September 2023 |
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19 September 2023 |
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Defaulting defendant liable for UGX 66,000,000 plus damages, interest and costs for breach of survey services contract.
Contract law – formation and enforcement of service contracts by conduct and consideration; Breach of contract – non-payment of liquidated demand; Civil procedure – default judgment and constructive admission where defendant fails to file a defence; Remedies – recovery of liquidated debt, award of general damages, interest and costs.
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19 September 2023 |
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16 September 2023 |
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Whether the respondent breached the loan, effect of altered repayment terms, guarantor reimbursement, and alleged account fraud.
Commercial law – loan facility – breach for failure to make termly deposits as agreed;* Contract variation – alteration of repayment schedule and notice requirements under financial consumer protection guidelines;* Guarantees – guarantor reimbursement rights and applicant's duty to reimburse recovered funds;* Fraud – requirement of strict proof for allegation of account tampering;* Enforcement – legality of disposal/realisation of assets and available remedies.
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15 September 2023 |
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15 September 2023 |
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15 September 2023 |
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Parliamentary committee’s demands for proof of payments made under a consent judgment were within oversight powers; advocate-client privilege not absolute.
Parliamentary oversight – Article 164 and Article 90(4)(c) – powers to summon witnesses and compel documents; advocate-client privilege – scope and exceptions (fee agreements and bank details not generally privileged); separation of powers and sub judice rule – Parliament may inquire into aspects not for judicial determination; judicial review – limits of challenge to parliamentary committee actions.
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13 September 2023 |
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Appellate court set aside conditional reinstatement requiring security and costs, finding misdirection and prejudice to the applicant.
Civil procedure – exercise of judicial discretion on setting aside ex‑parte decrees – appellate restraint and grounds for interference; Security for costs – availability, proper recipients and limits; Penalising a litigant for counsel’s negligence – impermissible; Fixing security amount requires reasoned assessment, not arbitrary percentages.
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13 September 2023 |
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Plaintiff proved breach of sale agreement; awarded outstanding USD24,228, USD4,800 general damages, interest and costs.
Contract law – Sale of goods – Breach for non-payment and non-provision of agreed security – Remedies: declaration, principal, general damages, interest and costs; Contracts Act s.61; discretion to award interest and costs.
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12 September 2023 |
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Application to stay taxation denied because applicant failed to comply with prior court order and is in contempt.
Stay of proceedings – taxation of bill of costs – whether to stay taxation pending appeal – discretionary relief – compliance with conditional stay orders – contempt of court – unclean hands – purging contempt as prerequisite to discretionary relief – costs.
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12 September 2023 |
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An ex parte vacant-possession order was set aside because the applicant was not duly served and was given leave to reply.
Civil procedure – setting aside ex parte decree – Order 9 Rule 27 – requirement to prove summons not duly served; Service of process – Order 5 Rule 13 – service on agent or adult family member; Burden of proof – defendant/applicant must prove non-service; Court’s inherent and statutory powers – section 98 Civil Procedure Act – setting aside orders and granting leave to reply.
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12 September 2023 |
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Whether a spouse resisting sale must pay 30% deposit pending challenge and when irreparable harm arises.
Mortgage law – temporary injunctions – irreparable harm; Regulation 13(1) Mortgage Regulations 2012 – 30% security deposit pay-now-argue-later; appeals from registrar under Order 50 rule 8 – affidavit requirement; court discretion on non-compliance with practice directions; interlocutory relief vs merits (statutory notices and valuation).
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9 September 2023 |
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The respondent lawfully converted seized foreign currency; garnishee order for UGX168,482,970 upheld and appeal dismissed.
Bank of Uganda – lawful conversion of seized foreign currency; Article 162 and Bank of Uganda Act authority; garnishee proceedings; applicable exchange date; demonetization risk; evidentiary weight of approximate value statements.
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8 September 2023 |
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Plaintiff recovered USD 84,721.52 after proving unpaid invoices and contractual breach in a summary suit.
Civil procedure – Summary procedure (Order 36 Rule 2) – Liquidated demand – Requirement for documentary proof of invoices – Burden of proof on plaintiff – Contractual credit terms and acknowledgement of debt.
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8 September 2023 |
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Whether Bank lawfully converted seized foreign currency and whether the registrar correctly fixed the garnishee amount.
Banking law – Conversion of seized foreign currency – Bank of Uganda’s statutory and constitutional mandate to preserve monetary stability; conversion to Uganda shillings to avoid demonetization loss. Civil procedure – Garnishee – valuation date for converted currency – application of rate at time cause of action arose (analogy to Di Ferdinando v Simon Smits). Evidentiary sufficiency – internal bank estimate not conclusive to disturb registrar’s finding. Appeals – time for appealing a registrar’s decision (within seven days).
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8 September 2023 |
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The respondent lawfully converted seized foreign currency; the registrar’s garnishee award of UGX 168,482,970 is affirmed and appeal dismissed.
Bank of Uganda – statutory autonomy and functions under Article 162 and Bank of Uganda Act – power to exchange domestic currency series and convert held foreign currency to avoid demonetisation loss. Garnishee – valuation of seized foreign currency – appropriate conversion date/value where central bank holds funds in supervisory capacity. Evidence – pre-conversion correspondence approximating value not conclusive for fixing garnishee payment. Remedies – appeal dismissed; registrar’s garnishee order for UGX 168,482,970 affirmed.
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8 September 2023 |
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Plaintiff proved and was awarded the outstanding USD 84,721.52 under summary procedure after documentary proof and admission by the defendant.
Civil procedure – Summary procedure (Order 36 Rule 2) – Liquidated demand – Requirement for invoices/documentary proof; Burden of proof in civil matters; Effect of defendant’s default and admission by correspondence.
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8 September 2023 |
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Default judgment set aside where service on company was unproven and defence was on record, despite delay.
Civil procedure – Setting aside ex parte/default judgment – Service on a corporation (Order 29(2)) – Proof of authorization to accept service – Irregular entry of default judgment where a written statement of defence is on file – Delay in bringing application not fatal where judgment irregular.
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8 September 2023 |
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Default judgment set aside where service on company was ineffective and judgment entered despite a filed defence.
Civil procedure – setting aside default/ex-parte judgment – Order 9 Rules 12 & 27. Service on corporations – Order 29(2) – effectiveness of service and authority to accept service. Registrar’s error – judgment entered despite written statement of defence on file. Delay in bringing application – distinction between irregularity (must be corrected) and discretionary relief.
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8 September 2023 |
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6 September 2023 |
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6 September 2023 |
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Non-payment for goods supplied under an LPO amounted to breach; subcontract terms did not bind the non-party supplier.
Contract law – sale and supply of goods – formation by written LPO and conduct – breach by non-payment. Privity – subcontract terms not enforceable against non-party supplier. Evidence – plaintiff must strictly prove special damages; delivery notes, invoices and receipts suffice. Remedies – award of special and general damages, interest and costs under Contracts Act and applicable principles.
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5 September 2023 |
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Fuel cards are taxable benefits absent proof travel was in the course of performing employment duties.
Tax – Income Tax Act s19(2)(d)(i) – Travel/fuel allowances – requirement of nexus between travel and duties to qualify as non‑taxable reimbursement; procedure – appeals from Tax Appeals Tribunal commenced by Notice of Appeal; admissibility – supplementary record not new evidence where Tribunal considered same documents.
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1 September 2023 |
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Fuel cards were held taxable benefits because the employer failed to prove travel was "in the course of" employees' duties.
Tax law – PAYE on employer-provided fuel cards – interpretation of s.19(2)(d)(i) Income Tax Act – requirement to prove nexus between travel destinations and duties; Civil procedure – appeals from Tax Appeals Tribunal commenced by Notice of Appeal (s.27 Tax Appeals Tribunal Act) – memorandum of appeal struck off; Evidence – supplementary record documents treated as part of tribunal record, not new evidence.
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1 September 2023 |
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Fuel cards treated as taxable PAYE because appellant failed to prove fuel use "in the course of" employment duties.
Tax law – PAYE – whether employer-provided fuel cards are a taxable benefit or an exempt travel allowance under s19(2)(d)(i) Income Tax Act; burden of proof and nexus between travel and duties; appeals procedure from Tax Appeals Tribunal (s27); admissibility of supplementary record.
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1 September 2023 |
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Plaintiff failed to plead prima facie fraud or unconscionability against the guarantor; plaint struck out for no cause of action.
Bank guarantees – on‑demand/unconditional guarantees; autonomy principle and URDG; guarantor’s limited inquiry duty; fraud, manifest unlawfulness and unconscionability exceptions; requisite pleading particulars for challenge to payment; striking out for failure to disclose cause of action.
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1 September 2023 |
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A lender named as loss-payee under an insurance policy is not a contracting party and owes no duty to renew or pay the borrower's insurance.
Contract law – Privity – Loss-payee/"interested party" under insurance policy does not make a lender party to the insurance contract or impose contractual obligations. Banking/loan agreements – Interpretation of clauses regarding fees and debit authorisations; renewal obligations not implied where not expressly undertaken. Fiduciary duty – No fiduciary relationship or voluntary assumption of duty by lender to renew/pay insured's premiums. Negligence – No duty of care owed by lender to notify or renew borrower's insurance where contract does not create such duty. Remedies – Claim dismissed; costs awarded to defendant.
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1 September 2023 |
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An application for leave to defend in summary proceedings is overtaken by events once a default judgment is entered; the default must first be set aside.
Civil procedure – summary procedure (Order 36) – application for leave to appear and defend – time limits and effect of default judgment. Civil procedure – default judgment – once entered a defendant must set aside judgment before defending on merits. Contract/Guarantee – joinder of guarantor – distinct liabilities and preliminary objection as to wrongful joinder. Practice – application rendered overtaken by events where procedural remedies (setting aside default) are not pursued.
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1 September 2023 |
