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Citation
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Judgment date
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| 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 |
| October 2023 |
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Miscellaneous cause improper for resolving substantive mortgage disputes; contested issues require plaint and full trial; application dismissed.
Mortgage Act s.33; Civil Procedure Act s.98; procedure — improper use of miscellaneous cause for substantive disputes; requirement for mother suit/rule on notice of motion; interlocutory relief vs main suit; necessity of trial where oral evidence required.
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31 October 2023 |
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Court granted interim injunctions preserving assigned contract proceeds pending arbitration to prevent diversion.
* Arbitration Act s.6(1) – interim measures pending arbitration – court may preserve status quo to protect assigned contractual proceeds.
* Security assignment – deed of assignment of contract proceeds as continuing security enforceable by interim relief.
* Interim injunctions – requirements of prima facie case, irreparable harm, and balance of convenience applied to payments diversion.
* Preservation of assets – payment direction to contracting authority restrained to prevent dissipation of assigned proceeds.
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30 October 2023 |
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Court stayed suits and sanctioned arbitration, granted injunction; applicant’s claim for contractual interest against respondent denied.
* Arbitration law – competence of arbitrator (kompetenz‑kompetenz) – scope of arbitration agreement to be decided by arbitrator at first instance.
* Stay of court proceedings – where arbitration has commenced – court may stay and sanction arbitration to proceed.
* Interim measures – Section 6(1) Arbitration and Conciliation Act – temporary injunction to preserve status quo where irreparable harm and serious question to be tried.
* Contract law – privity of contract – contractual interest under a third‑party contract cannot be charged against a non‑party.
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30 October 2023 |
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An administrator’s agreement disposing of estate land without beneficiaries’ consent is unlawful; suit based on it dismissed.
* Succession law – Administrator’s duties – Fiduciary obligations – Consent of beneficiaries required before disposing of estate property; transactions without consent unlawful. * Contract/enforceability – Memorandum of Understanding entered by administrator without beneficiaries’ consent unenforceable. * Remedies – Claims based on unlawful administrator transactions cannot be sustained; suit dismissed.
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29 October 2023 |
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Plaintiff proved breach of loan agreement; court awarded principal, modest general damages, interest and costs.
* Commercial Law – Breach of loan facility agreement – default on repayment – unchallenged pleaded amounts treated as proved.
* Remedies – recovery of principal, general damages, interest and costs; unjust enrichment.
* Interest – court discretion to set rate (20% p.a. on principal from filing; 6% p.a. on general damages from judgment).
* Procedure – defendant’s failure to file defence; interlocutory judgment and formal proof.
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27 October 2023 |
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Defendants held liable for breach of loan agreements; plaintiff awarded principal, general damages, interest and costs.
Contract law – Loan facility – Default and breach; guarantor and post-dated cheque; proof of unchallenged pleaded sums; remedies – recovery of principal and interest, general damages, court’s discretion on interest (Civil Procedure Act), costs follow the event.
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26 October 2023 |
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Whether an interim stay of execution should be granted pending appeal and the substantive application, subject to a 30% security deposit.
* Civil procedure – Interim stay of execution – Requirements: pending substantive application, imminent threat of execution, competent notice of appeal – Preservation of status quo.
* Mortgage law – Mortgage Regulations 2012 (Reg.13(1)) – 30% security deposit as condition for adjourning sale; court discretion to tailor timelines where sale imminent.
* Judicial discretion – customized interim orders to balance prejudice where statutory timelines are silent.
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25 October 2023 |
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Interim restraint preventing respondents from making copyright claims until the ownership dispute and injunction application are determined.
Copyright — interim relief — preservation of status quo — temporary injunction pending ownership dispute; probative value of platform takedown notices; discretion to grant interim orders.
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25 October 2023 |
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A secured creditor may enforce and sell pledged movable property; without evidence of perishability sale must be by public auction.
Security Interest in Movable Property Act 2019 – validity of security interest agreement; enforcement upon default; demand notice requirements; sale of pledged movable property – private treaty vs public auction; evidence of perishability.
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24 October 2023 |
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Appeal dismissed for lack of jurisdiction because orders under Order 9 Rule 12 are not appealable as of right and no leave was obtained.
Civil procedure — Appealability — Orders under Order 9 Rule 12 (setting aside ex parte/interlocutory judgments) are not appealable as of right under Order 44; leave required — appellate jurisdiction statutory — absence of leave divests court of jurisdiction to entertain appeal.
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24 October 2023 |
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Applicant granted leave to defend summary rent suit due to bona fide triable issues and related suits consolidated.
Civil procedure – Order 36 summary procedure – leave to appear and defend – requirement of bona fide triable issue of fact or law; preliminary objections to plaint premature in leave applications; consolidation of related suits to avoid multiplicity and contradictory findings.
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24 October 2023 |
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23 October 2023 |
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23 October 2023 |
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Application to amend plaint denied because amendment would defeat respondent's statutory limitation defence.
Civil Procedure – Amendment of pleadings (Order 6 Rule 19) – Limits where amendment would deprive opponent of Limitation Act defence – amendment not allowed to defeat statute of limitations or change cause of action.
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20 October 2023 |
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Interim relief pending arbitration denied: prima facie case found but no irreparable harm and balance of convenience/public interest favoured respondents.
* Arbitration — Interim measures pending arbitration — Court's discretionary power under Arbitration and Conciliation Act to grant interim protection. * Interim injunction principles — prima facie case, irreparable injury, balance of convenience applied to arbitration context. * Public interest and statutory implementation — courts will not grant injunctions that effectively suspend legislation. * Joinder and standing — requirement that a respondent be a party to the contract before being sued under it.
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20 October 2023 |
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The applicant granted leave to amend the plaint to reflect a reduced loan balance after part payment; no substantial prejudice found.
Civil Procedure – Amendment of pleadings – Order 6 r.19 CPR – Leave to amend to correct pleaded amount after part payment – Prejudice test – Amendments freely allowed before hearing unless injustice or new cause of action – Costs to abide main suit.
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20 October 2023 |
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20 October 2023 |
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Member’s challenge to 21 September 2022 shareholders’ meeting and resolutions dismissed for lack of prejudice and insufficient proof.
Companies law – member’s standing under s.248 – validity of shareholders’ meeting and proxies – registration of resolutions by Registrar (URSB) – scope of court-ordered shareholders’ meeting – alleged abuse of court process and relief by injunction.
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20 October 2023 |
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Court reduced statutory 30% mortgage-security deposit to 10% and granted injunction subject to payment, balancing spouse rights and mortgagee protection.
* Mortgage law – Regulation 13(1) and (6) of the Mortgage Regulations, 2012 – security deposit to adjourn sale – spouse exemption. * Spousal rights – matrimonial home and requirement for spousal consent. * Evidence – proof of inability to pay requires corroborative material, not mere assertions. * Equitable balancing – protection of mortgagee’s interests versus spouse’s right of occupancy. * Discretion – court may reduce statutory deposit when circumstances justify.
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20 October 2023 |
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20 October 2023 |
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20 October 2023 |
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18 October 2023 |
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18 October 2023 |
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Temporary injunction granted conditionally: fresh valuation ordered and Applicant must deposit 30% of forced sale value.
* Mortgage law – Regulation 13(1) – requirement to deposit 30% of forced sale value as condition to adjourn sale of mortgaged property.
* Interlocutory injunction – test: prima facie case, irreparable injury, balance of convenience; possession/equitable interest versus registered title.
* Valuation authenticity – challenge to valuation report; court may order fresh valuation where authenticity is disputed.
* Due diligence of mortgagee – allegations of failure to detect fraudulent title raise substantial question to be tried.
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17 October 2023 |
