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Citation
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Judgment date
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| December 2024 |
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Applicant granted unconditional leave to defend a summary suit after respondent's consent to the application was noted.
Civil procedure – summary suit – leave to defend – consent to application by respondent – triable issues – unconditional leave granted.
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31 December 2024 |
Contracts—writing requirement—money had and received—unjust enrichment—equitable restitution—burden of proof—departure from pleadings—punitive damages—interest—costs
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31 December 2024 |
Land—ownership disputes—proof of purchase—burden of proof—corroboration—fraud—statute of limitations—departure from pleadings—relationship of parties—fiancée—nature of transaction—dismissal of suit—default judgment set aside—costs awarded.
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31 December 2024 |
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31 December 2024 |
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31 December 2024 |
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Whether sums advanced for land purchases are recoverable as money had and received by the respondent.
Restitution — money had and received; failure of consideration; unjust enrichment; evidential burden shift. Trusts — constructive trust not established without title or clear trust intent. Remedies — commercial interest and costs; exemplary/general damages require specific proof.
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30 December 2024 |
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30 December 2024 |
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24 December 2024 |
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23 December 2024 |
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Assigned rights under oil exploration licences are taxable as business income sourced in Uganda, not as interests in immovable property.
Taxation – Capital gains tax – definition of 'interest in immovable property' – whether assigned rights under petroleum exploration licences are interests in immovable property or movable property – application of Double Taxation Agreement with Mauritius – deductibility of exploration costs in capital gains tax computation – validity of assessments issued prior to transaction completion – source rules for business income of non-residents.
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23 December 2024 |
Taxation—capital gains tax—source of income—exploration rights—taxation of petroleum operations—double taxation agreements—interpretation of tax statutes—burden of proof in tax disputes—best judgment assessments—partial success of appeal
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23 December 2024 |
Civil Procedure—Application for review—error apparent on the face of record—grounds for review—pleading particulars—public interest litigation—costs
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23 December 2024 |
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20 December 2024 |
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20 December 2024 |
Civil procedure—garnishee orders—jurisdiction—execution of Supreme Court decree—duplicity of proceedings—lis pendens—abuse of process—depreciation of machinery—Registrar’s powers—High Court and Supreme Court relationship—concurrent filings—applications dismissed.
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20 December 2024 |
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Default judgment granted after substituted WhatsApp and newspaper service; defendant ordered to pay USD14,710 and costs.
Civil procedure – Default judgment – Order 36 rule 2 – Substituted service granted – service by WhatsApp and newspaper advertisement – failure to file leave to appear and defend – judgment entered in default; costs awarded.
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18 December 2024 |
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17 December 2024 |
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13 December 2024 |
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Winding-up petition dismissed due to bona fide dispute rendering the claimed debt unascertained.
Insolvency law – Statutory demand – Ascertained debt requirement – Bona fide dispute as to debt/merchantability – Winding‑up petition not to be used to enforce disputed debts (abuse of process).
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12 December 2024 |
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12 December 2024 |
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Leave to defend a summary suit was denied where the applicant failed to rebut a written undertaking to repay a liquidated sum.
Civil Procedure – summary judgment – application for leave to appear and defend – requirement to disclose triable issues or bona fide defence – binding nature of written undertakings – effect of mere denials in summary suit proceedings.
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11 December 2024 |
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Court recognized and enforced an arbitral award where no objection or application to set aside the award was filed by the respondent.
Arbitration – recognition and enforcement of arbitral awards – requirements under Arbitration and Conciliation Act 2013 – no objection or challenge to award – enforceability as court decree.
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10 December 2024 |
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A plaintiff compensated by contractual interest for delayed payment following breach of contract is only entitled to nominal damages.
Contract law – Breach of contract – Entitlement to general damages where contractual interest for delayed payment has been paid – Award of nominal damages for infringement of legal right – Remedies following payment of special damages after suit filed.
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10 December 2024 |
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10 December 2024 |
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An insurance agent is entitled to commission when his efforts procuring business directly result in a contract for the principal.
Contract law – agency – insurance agent’s entitlement to commission – estoppel – procurement of business – breach of contract – specific performance – damages.
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3 December 2024 |
Civil Procedure—summary suit—leave to defend—advocate-client costs—conflict of interest—professional misconduct—illiterate affidavit—no triable issue—application struck out—judgment entered—costs awarded
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3 December 2024 |
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2 December 2024 |
