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Citation
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Judgment date
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| March 2024 |
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28 March 2024 |
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The plaintiff proved a supply debt and was awarded USD 267,261.30, USD 20,000 damages, interest and costs.
Breach of contract; recovery of debt — proof of delivery by invoices, airway bills and bills of lading; burden of proof and shift after prima facie case; unproven set-off/reconciliation; award of general damages, interest and costs.
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28 March 2024 |
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Guarantors held liable under deed of guarantee; court awards principal, damages, interest and costs.
Contracts — Guarantee and indemnity — Guarantor’s liability where principal debtor defaults; Evidence — documentary proof of facility, disbursement, assignments and demand notices; Remedies — recovery of principal, interest, discounted penalties, general damages and costs.
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28 March 2024 |
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Respondent’s failure to lodge title deeds held wilful contempt; fined and ordered to pay damages and costs.
Civil procedure – contempt of court – clear and unambiguous orders to lodge title deeds; notice and service; standard of proof beyond reasonable doubt; defence of good‑faith inability requires proof of all reasonable efforts; corporate contempts – monetary sanctions appropriate; directors not personally punished without joinder and hearing.
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28 March 2024 |
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Court allowed amendment of defence to clarify issues, holding pleadings are averments and prejudice is curable by costs.
Civil procedure – Amendment of pleadings – Order 6 r.19 – Amendments allowed to determine real questions in controversy – Pleadings are averments not evidence – Prejudice curable by costs and case management directions.
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28 March 2024 |
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Court allowed discovery of most bank and transaction documents, overruling procedural objection, but declined documents relating to Plot 308.
* Civil procedure — Discovery — Order 10 Rule 12 — Relevance, necessity and control of documents for discovery; recipient certification of copies.
* Procedure — Use of notice of motion under Section 98/Order 52 vs chamber summons — procedural irregularity not fatal where court has jurisdiction.
* Evidence — Not a fishing expedition — reasonable expectation of materiality.
* Banking law — Financial Institutions Act retention obligations; Banker’s Books Act not extending to correspondence/contracts/security documents.
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27 March 2024 |
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A court-endorsed consent decree is binding; post-judgment variations need court endorsement and verification must follow agreed terms.
Civil procedure – consent judgment – binding effect and variation – post-judgment compromise requires court endorsement; execution – verification under consent terms – requirement for jointly agreed terms of reference, attendance and signed verification reports; interest – enforcement of agreed contractual interest once consent is endorsed by court.
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27 March 2024 |
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Typographical misnaming of an existing corporate plaintiff is a curable misnomer; court may invoke inherent powers to order amendment.
* Civil procedure – misnomer in pleadings – distinction between suit by non-existent entity and curable misnomer where the correct company exists.
* Civil procedure – inherent powers (S.98 Civil Procedure Act) – court may cure procedural defects and grant corrective orders in the interests of justice even if not specifically prayed for.
* Civil procedure – Order 1 Rule 10 – inapplicable to classic misnomers involving typographical errors in names of existing parties.
* Professional negligence – mistake by counsel – error of counsel should not be imputed to client where identity of party is clear.
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26 March 2024 |
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26 March 2024 |
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26 March 2024 |
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26 March 2024 |
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25 March 2024 |
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Leave granted to add employer as third party for indemnity after wrongful dismissal caused loan default.
Third party procedure – Order 1 rule 14 – Leave to issue third party notice for indemnity or contribution; Same subject matter requirement; Proof of right to indemnity (Industrial Court award); Absence of prejudice; Interest of justice; Time limit for filing third party notice (15 days).
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25 March 2024 |
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25 March 2024 |
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Failure to produce allegedly infringing copies prevented proof of substantial similarity, so copyright claim was dismissed.
* Copyright — literary works — protection of foreign-published works under domestic Copyright Act; * Licensing — written transfer/assignment requirements for exploitation rights; * Infringement — copying and substantial similarity test requires comparison of original and accused work; * Evidence — primary evidence requirement for documents; failure to produce seized infringing copies defeats infringement claim.
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25 March 2024 |
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25 March 2024 |
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Plaintiff retained ownership and lien over unpaid consignment; customs must release goods for re‑export; damages and injunction granted.
Sale of goods — property and passing of title; unpaid seller’s lien and stopping goods in transit; proof of fraud in civil claims — high standard required; customs possession does not amount to lawful delivery to buyer; ex parte proceedings where defendant fails to appear.
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22 March 2024 |
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The applicant retained ownership and lien over unpaid consignment; re-export, injunction, damages and costs awarded.
Sale of goods – transfer of property in specific goods – property passes when parties intend per contract; unpaid seller’s lien and right to stop goods in transit preserved where payment not made; goods held at customs are in transit. Contract law – existence of contract established by communications and commercial invoice. Fraud – civil fraud requires strict proof to a high standard; mere non-payment or silence insufficient. Remedies – declaration of ownership, re-export order, permanent injunction, general damages and interest; punitive damages not appropriate for ordinary contractual breach. Procedure – suit permitted ex parte where defendant defaulted after service/substituted service.
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22 March 2024 |
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Applicant’s suit reinstated for sufficient cause, subject to UGX 50,000,000 security and costs to be paid by applicant.
Civil procedure – Setting aside dismissal for non-appearance – Order 9 Rule 18 – "Sufficient cause" standard; Counsel negligence – when knowledge can be imputed to client; Inordinate delay – assessment and consequences; Commercial court discretion to impose safeguards including security to ensure diligent prosecution.
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22 March 2024 |
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Res judicata not established where earlier distress proceedings lacked jurisdictional competence and differed in cause of action.
* Civil procedure – Res judicata – three‑part test: former suit decided by competent court; same matter in dispute; same parties/title.
* Distress for Rent (Bailiffs) Act – distress proceedings and leave of court – distress is a self‑help remedy and the Act does not require court leave to levy distress.
* Jurisdiction – competency of court for res judicata purposes; inherent powers under Section 33 Judicature Act/Section 98 Civil Procedure Act may justify court orders in exceptional cases.
* Distinction between applications for leave to levy distress and substantive contractual claims for recovery of rent – different causes of action.
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22 March 2024 |
Arbitration—contract disputes—guarding services—valid arbitration clause—clause conflict—pathological clause claim rejected—arbitration preferred—jurisdiction excluded—parties bound—suit dismissed—no costs awarded
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22 March 2024 |
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20 March 2024 |
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Counter‑indemnities are autonomous and payable on strict compliance; applicants failed to show a bona fide defence, leave denied.
Civil procedure – Order 36 rule 4 – leave to appear and defend – requirements of bona fide, particularised defence; Contract/Construction – counter indemnities – autonomy and strict documentary compliance; Counter indemnities payable on demand unless beneficiary’s fraud established; Expiry/renewal of bonds and conditional undertakings; Frivolous defences and summary procedure.
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20 March 2024 |
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Applicant’s denial of payment contradicted by EFT receipts; summary judgment for respondent for UGX 75,000,000 entered.
* Civil Procedure – Order 36 CPR – summary judgment on admission – entry of judgment where plaintiff’s claim (or part) is admitted.
* Evidence – documentary proof (EFT/bank receipts) establishing admission and defeating a defence of non-payment.
* Costs – unsuccessful resisting party liable for costs where defence is unsupported by credible evidence.
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19 March 2024 |
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Interlocutory injunction refused for abuse of process, limitation defects and failure to show irreparable harm; Regulation 13 deposit critical.
* Civil procedure – interlocutory injunction – requirements: prima facie case, irreparable harm, balance of convenience. * Limitation – six‑year rule for contractual claims – stale claims unsustainable. * Abuse of process – multiplicity of suits and re‑litigation; splitting causes of action. * Corporate law – piercing the corporate veil where directors misuse company to obstruct justice. * Mortgage law – Mortgage Regulations Reg.13: 30% security deposit to adjourn/stop sale of mortgaged property.
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18 March 2024 |
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18 March 2024 |
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Mortgagee entitled to foreclose, sell by public auction and obtain vacant possession where mortgagor defaults and fails to redeem.
* Land law – Mortgages – Foreclosure – equity of redemption and right to redeem; * Mortgage enforcement – possession and power of sale – statutory power where contract silent; * Procedure for sale – public auction requirements under the Mortgage Act and Regulations; * Relief – foreclosure extinguishes mortgagor's redemption rights and justifies eviction to obtain possession.
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18 March 2024 |
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15 March 2024 |
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Transaction was a loan secured by property, not a sale; sale agreement void and title returned.
Property law – Sale versus security for loan; Intention to create legal relations; Fraud/misrepresentation inducing consent; Specific performance refused where no valid sale proved; Restitution of title and costs awarded.
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15 March 2024 |
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Applicant raised bona fide triable issues on contract variations and amount owed, warranting unconditional leave to defend.
* Civil procedure – summary procedure (Order 36) – leave to appear and defend – requirement to show bona fide triable issue of fact or law. * Contract – alleged variations to service contracts – existence, approval and execution contested. * Evidentiary issues – annexures to affidavits (UMEME service orders/change request forms) require trial examination; interlocutory inadmissibility/weight not determinative. * Remedy – unconditional leave to defend; written statement of defence ordered; costs in the cause.
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14 March 2024 |
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Applicant granted unconditional leave to defend summary suit after court found bona fide triable issues requiring full trial.
* Civil procedure – Summary procedure (Order 36) – Leave to appear and defend – Requirement to show a bona fide triable issue of fact or law – Defendant need not prove defence on merits but must demonstrate issues requiring trial.* Contract law – Dispute as to interpretation/validity of contract addendum and statutory restrictions—matters unsuitable for summary disposal.* Orders 36 and 52 – procedural directions where unconditional leave granted; costs in the cause.
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13 March 2024 |
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13 March 2024 |
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Appeal dismissed where notice of motion served lacked mandatory judicial signature and court seal.
* Civil procedure – Service of summons/notice of motion – Order 5 rule 1(5) CPR – signature and court seal mandatory.
* Electronic filing (ECCMIS) – does not dispense with statutory requirements for signed and sealed court processes.
* Notice of motion served without judicial signature/seal – fundamental defect and nullity.
* Preliminary objections – competency of appeal; appeal dismissed with costs.
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12 March 2024 |
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Petitioner failed to prove inability to pay and did not meet statutory or evidential requirements; petition dismissed.
Insolvency Act 2011 – debtor’s petition – burden to prove inability to pay; Section 3 presumption of insolvency; requirements of Sections 20–21; Insolvency Regulations (Reg.11, Reg.21) – completeness of statement of affairs and service on known creditors; evidential requirement to produce guarantee, demand notices and sale proceeds.
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12 March 2024 |
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A bank breached its duty by honoring transfers on a joint account without verifying co-signatory authorization; plaintiff recovered title and costs.
Banking law — Quincecare duty — joint-account mandates — bank's duty to make enquiries before honoring transfers — consumer protection and illiteracy/translation obligations.
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12 March 2024 |
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11 March 2024 |
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Freezing orders preserve assets but do not halt decretal interest; payment to an authorised agent discharges accrued interest.
Civil procedure – execution – freezing order does not automatically suspend accrual of decretal interest; payment to judgment creditor’s authorized agent discharges decretal principal and accrued interest; garnishee for further interest set aside where payment had been made.
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11 March 2024 |
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7 March 2024 |
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7 March 2024 |
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Enforcement of Hong Kong arbitral award upheld; tribunal rightly declined jurisdiction over a separate MoU‑based counterclaim.
Arbitration — recognition and enforcement of foreign awards under the New York Convention (Article V) — limited grounds for refusal; Kompetenz‑Kompetenz — tribunal’s power to rule on its jurisdiction; Counterclaims — must arise under same arbitration agreement and be closely connected to main claim; Procedural fairness — fair hearing and manifest impartiality threshold; Public policy — narrow exception, requires causal nexus and substantial prejudice.
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6 March 2024 |
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Foreign arbitral award enforced: counterclaim lay outside arbitration agreement; no procedural unfairness or public-policy breach.
International arbitration — Recognition and enforcement under the New York Convention — Article V limited grounds for refusal — Kompetenz‑Kompetenz — scope of arbitration agreement and admissibility of counterclaims — procedural fairness and evident partiality — public policy exception narrowly construed.
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6 March 2024 |
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Memorandum of understanding was a valid contract; defendant breached it and plaintiffs awarded principal, penalty, liquidated damages, interest and costs.
Contracts — validity of memorandum of understanding as contract; breach for non-repayment of monies; enforceability and measure of contractual penalties and liquidated damages — application of s.62 Contracts Act; award of interest and costs.
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6 March 2024 |
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Court consolidated two land suits raising common questions on title and mortgage legality to avoid multiplicity of proceedings.
Civil procedure – consolidation of suits – Order 11 Rule 1 CPR – common questions of law or fact; Land law – proprietary claims and mortgage validity; Fraudulent transfer allegations as part of related transactions; Judicial discretion to avoid multiplicity of suits; Case management and costs in cause.
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5 March 2024 |
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High Court refused to refer acting-judge challenge to Constitutional Court and consolidated two applications to add defendants.
Constitutional law – Article 137(5)-(6) reference to Constitutional Court – res judicata where Constitutional Court has already determined same constitutional question; Acting judges – constitutionality of appointment, deployment and tenure; Civil procedure – jurisdiction to add parties and consolidation of similar applications under Order 11 rule 1; Stare decisis – High Court bound to respect Constitutional Court decisions pending appeal.
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4 March 2024 |
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A preliminary objection alleging absence of cause of action fails where successor liability from an acquisition requires evidential proof.
Civil procedure – preliminary objection – competence where factual determination required; Cause of action – elements; Corporate/successor liability – whether successor liable for predecessor’s acts after acquisition; Judicial notice of acquisition insufficient to dispense with evidence; Issue to be framed and tried before competency determination.
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4 March 2024 |
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1 March 2024 |
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1 March 2024 |
