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Citation
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Judgment date
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| June 2024 |
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28 June 2024 |
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28 June 2024 |
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28 June 2024 |
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27 June 2024 |
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Court refused defendant leave to defend and granted summary judgment for plaintiffs on two performance bonds with interest and costs.
Civil procedure – summary judgment – Order 36 rule 5 CPR – refusal of leave to appear and defend entitles plaintiff to decree; Contract/security – enforcement of performance bonds – quantum awarded; Interest and costs – awards to bear interest at 4% per annum from judgment and costs of suit awarded to plaintiffs.
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26 June 2024 |
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26 June 2024 |
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25 June 2024 |
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24 June 2024 |
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24 June 2024 |
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21 June 2024 |
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21 June 2024 |
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21 June 2024 |
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Kibanja mortgaged without owner consent or power of attorney is invalid; purchaser entitled to specific performance and injunction.
Land law – Kibanja on Mailo land – owner/registered proprietor's consent required for transactions affecting Kibanja interests; Mortgage law – third-party mortgage requirements: power of attorney and compliance with Mortgage Act and Land Act; Company law – separate legal personality means mortgage by borrower company cannot bind third-party Kibanja without authority from owner; Remedies – specific performance ordered for breach of land sale where damages inadequate; injunctive relief to protect possession.
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21 June 2024 |
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19 June 2024 |
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Applicant entitled to repayment, general damages, interest and costs following respondent's breach and default judgment.
Contract law – breach of Memorandum of Understanding; default judgment and formal proof; measure of general damages for non‑performance; Court’s discretion to award interest (Civil Procedure Act s.26(2)) and costs following the event (s.27(2)).
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19 June 2024 |
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18 June 2024 |
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17 June 2024 |
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14 June 2024 |
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Mortgagee entitled to foreclose, obtain vacant possession, sell by auction and recover UGX 14,357,098,702 plus interest and costs.
Mortgage law – Registered mortgage and chattels mortgage – Proper service of notices of default and sale under the Mortgage Act – Entitlement of mortgagee to foreclose and sell to recover outstanding indebtedness – Right to vacant possession and eviction to enable sale – Mode of sale (public auction vs private treaty) and mortgagee’s duty to obtain best price – Award of contractual interest and costs.
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14 June 2024 |
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Contract—security guarding—breach—vicarious liability—negligence—theft—limitation of liability—fundamental breach—insurance subrogation—indemnity—enforceability of exclusion clauses—employee misconduct—UGX 500,000 liability upheld
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13 June 2024 |
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13 June 2024 |
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13 June 2024 |
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Applicants granted unconditional leave to defend a summary suit after raising triable issues of undue influence and proper parties.
Civil Procedure – Application for unconditional leave to defend – Summary suit – Triable issues – Undue influence, duress, and coercion – Proper parties to be joined – Contracts Act, 2010 – Order 36 Rule 4 CPR.
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13 June 2024 |
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12 June 2024 |
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12 June 2024 |
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12 June 2024 |
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Extension of time for appeal granted where counsel’s procedural error caused prior dismissal, with costs to abide the outcome.
Civil Procedure – Application for extension of time – Discretion of court to enlarge time – Mistake of counsel – Procedural irregularity – Whether omission of endorsement justifies striking out appeal – Prejudice to respondent.
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12 June 2024 |
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7 June 2024 |
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7 June 2024 |
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6 June 2024 |
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6 June 2024 |
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6 June 2024 |
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Court allowed re-export subject to newspaper notice, payment of assessed duties and indemnity to the revenue authority.
Customs law – Re-exportation of goods – EAC Customs Management Act s248 – Bills of lading and purchase orders as evidence of consignee ownership – Court-ordered re-export – Indemnity and duty assessment conditions.
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6 June 2024 |
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6 June 2024 |
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5 June 2024 |
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Application dismissed for non-service and applicant's non-appearance; default judgment for respondent of UGX 105,100,000 awarded.
Civil procedure – service of processes – non-service and absence of affidavit of service – fundamental procedural irregularity. Civil procedure – non-appearance at hearing – Order 9 Rule 22 CPR – dismissal where one party appears and the other does not. Civil procedure – entry of default/decree – Order 36 Rule 5 CPR – entitlement to judgment where applicant defaults
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5 June 2024 |
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4 June 2024 |
