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Citation
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Judgment date
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| February 2024 |
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Applicant granted 15-day extension to appeal taxation ruling after showing sufficient cause for non-receipt of taxation notice.
Advocates Act – appeal from taxation decision; extension of time – distinction between "sufficient cause" and "good cause"; burden and standard to prove non-receipt of taxation notices; admissibility of affidavit evidence where record is missing; ECCMIS notifications and proof of service.
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29 February 2024 |
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27 February 2024 |
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27 February 2024 |
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Application for unconditional leave to defend dismissed; judgment on admission entered for undisputed loan sum, interest to be formally proved.
Civil procedure – summary suit – application for unconditional leave to appear and defend; judgment on admission; triable issues; loan agreement; proof of interest on principal sum.
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27 February 2024 |
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Non-compliance excused where applicants’ conduct and revoked authority prevented respondents from signing required company documents.
Civil contempt – requisites: existence of lawful order; knowledge; ability to comply; failure to comply. Standard of proof in contempt proceedings – higher than balance of probabilities. Attempted compliance and inability to comply caused by opposing party’s conduct may excuse non-compliance. Effect of revocation of power of attorney and risk of mortgaging on ability to sign company facility documents.
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27 February 2024 |
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27 February 2024 |
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Ex parte decree set aside where applicant lacked ECCMIS linkage and showed sufficient cause for non-appearance.
• Civil procedure — Order 9 Rule 27 — setting aside ex parte decree — sufficiency of cause where case migrated to ECCMIS.
• Advocates’ conduct — Regulation 9 — distinction between acting as counsel and as witness; allowance for non-contentious formal affidavits.
• Capacity to depose — Order 3 Rule 1 — advocate duly instructed may swear affidavit on behalf of a corporate party.
• Electronic filing/service — obligations after ECCMIS rollout and effect of non-linkage on service.
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26 February 2024 |
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22 February 2024 |
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21 February 2024 |
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Default judgment set aside for merits despite applicant's failure to show diligent ECCMIS filing; costs awarded to respondent.
Civil procedure – Order 36 (summary procedure) – Setting aside default judgment under Order 36 Rule 11 – "good cause" vs "sufficient cause". Electronic filing – ECCMIS admission versus fixing – admission date constitutes filing for purposes of CPR. Duty of litigants to diligently pursue admission and fixation of documents – failure to show documented follow-up undermines claim of court-caused delay. Consequences – setting aside default judgment in interests of justice; costs and no separate stay of execution/taxation required once set aside.
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21 February 2024 |
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Judge refuses recusal, finding no reasonable apprehension of bias and dismissing the application as unfounded.
Recusal — Allegations of actual or apparent bias — Burden on applicant to prove reasonable apprehension — Objective test of the fair‑minded and informed observer — Timing of recusal application; procedural fairness and consent in separate proceedings.
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20 February 2024 |
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Bank proved default; judgment for UGX 414,713,371 with 28% interest, UGX 10,000,000 damages and costs.
Commercial law – loan recovery – enforcement of mortgage security after failed third‑party sale and reinstatement of loan balance. Evidence – burden and standard of proof in civil claims – balance of probabilities and reliance on documentary evidence. Interest – enforcement of agreed commercial rate (28% p.a.) unless harsh or unconscionable. Damages and costs – award of general damages for recovery efforts and costs following successful claim.
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19 February 2024 |
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19 February 2024 |
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19 February 2024 |
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Applicant failed to show good cause for extension of time to appeal; application dismissed as abuse of process.
Civil procedure – extension of time to appeal – good cause under Section 79(1) of the Civil Procedure Act – mistake of counsel as excuse for delay – abuse of court process by serial post-judgment applications – execution of decree and prejudice to judgment creditor.
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19 February 2024 |
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19 February 2024 |
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ECCMIS e-service is effective for linked users; leave to appeal granted on novel execution and title-registration issues.
Civil procedure – electronic service – ECCMIS e-filing system – service effective upon validation for registered/linked users; proof of delivery required for e-mail/WhatsApp service. Execution – deposit/constructive custody of duplicate certificate of title; registration of attachment on duplicate title; retention of sale proceeds by bailiff. Leave to appeal – Order 44 r.2 CPR – arguable grounds, public/normative significance, absence of dilatory conduct.
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19 February 2024 |
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16 February 2024 |
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Court granted interim stay to prevent encashment of a performance guarantee pending the applicant’s interlocutory injunction application.
Civil procedure – interim injunction/stay of execution – requirements: pending substantive application and imminent threat of execution; Performance guarantee – encashment/demand – risk of rendering appeal or interlocutory relief nugatory; Abuse of process – multiplicity of applications not determinative at interlocutory stage; Parties – misnomer vs misidentification; correction by amendment permissible.
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15 February 2024 |
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An advocate who is a potential witness on disputed core documents must be disqualified from representing the applicant.
Professional conduct – Advocates (Professional Conduct) Regulations SI No.267-2, Regulation 9 – Advocate as potential witness – duty to step down – disqualification of counsel and firm where advocate signed document central to dispute. Evidence – authenticity and authorship of minutes – implications for counsel’s role as witness.
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15 February 2024 |
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Court allowed late production of money‑lending licences at re‑examination where licences were listed and licence status was admitted.
Civil Procedure – Order 7 Rules 14(1) and 18(1) CPR – Late production of documents – Leave required to admit documents not attached to plaint – Court may grant leave in interest of justice where prejudice absent. Evidence – Re‑examination – Admission in defence may negate prejudice from late production of documents. Contract/Recovery of money – Foundational documents are loan application, loan agreement and demand notices; absence of ancillary licences does not necessarily render suit a nullity.
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15 February 2024 |
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14 February 2024 |
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Applicant granted unconditional leave to defend where bona fide triable issues over guarantor liability and securities exist.
Civil procedure – Order 36 summary procedure – leave to appear and defend – requirement to show bona fide triable issue of fact or law; Admissibility of late affidavit in reply – court's discretion in interests of justice; Guarantor liability – dispute over execution and enforceability of personal guarantees and compromise of securities.
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14 February 2024 |
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Overdraft interest was too remote; penal VAT was recoverable; invoice 3% surcharge not incorporated and may be penal.
Civil procedure – Section 61 case-stated trial (trial on the papers) appropriate where live testimony unnecessary. Contract – remoteness of damage – consequential/overdraft interest too remote; recoverability depends on what parties reasonably contemplated (Hadley v. Baxendale). Contract – exclusion clause limiting consequential loss enforceable between commercial parties. Tax law – penal VAT/penalties for delayed VAT payment are foreseeable commercial losses and recoverable as direct damages. Contract formation – terms printed on tax invoices not automatically incorporated; onerous terms require reasonable notice; post-contract terms not incorporated. Contract – penalty doctrine – excessively high contractual interest may be unenforceable as a penalty. Privity/agency – disclosed principal bars third-party suit against agent on same contract.
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13 February 2024 |
Unauthorized use of image rights—licensing of image rights—breach of contract—assignment of copyright—advertising without consent—indemnity—remedies for infringement—statutory limitation—ownership of personality rights
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2 February 2024 |
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A subsequent application for security for costs is barred by res judicata where prior similar applications were fully determined on the merits.
Civil Procedure – Security for costs – Res judicata – abuse of court process – requirement for new and relevant change in circumstances to justify subsequent applications – proper procedure for raising new grounds in interlocutory applications.
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2 February 2024 |
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A plaintiff alleging agency must plead and produce the power of attorney or lacks locus standi, warranting striking out the suit.
Locus standi — power of attorney required; Pleadings — must expressly plead and attach instrument of authority when suing as attorney; Bills of Exchange Act — holder’s remedy insufficient without proper pleadings of agency; Procedural consequence — suit struck out for lack of locus standi; Out-of-time WSD/interlocutory judgment academic once preliminary objection succeeds.
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1 February 2024 |
