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Citation
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Judgment date
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| May 2024 |
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13 May 2024 |
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13 May 2024 |
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Application improperly filed under Order 38; no cause of action against shareholder ministers or Attorney General without lifting corporate veil.
Company law – procedure: distinction between company matters under Order 38 CPR and tort/contract claims requiring plaint under Order 7; corporate personality – separate legal entity; piercing the corporate veil requires pleading and proof; limitation - six year period.
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13 May 2024 |
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Where a garnishee denies liability, Order 23 Rule 4 requires trial or a plaint; garnishee order absolute refused.
Civil procedure – garnishee proceedings – Order 23 Rule 4 (CPC) – dispute of indebtedness requires trial or fresh suit under Order 7; Advocates’ professional conduct – conflict of interest requires former client/fiduciary relationship; Res judicata – elements (same parties/privity and same subject matter) must be satisfied.
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13 May 2024 |
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Court declined to determine the garnishee application pending resolution of a prior application to set aside relevant orders.
Garnishee proceedings – enforcement of court orders – pendency of related proceedings – effect of pending application to set aside garnishee absolute and contempt orders – ex parte nature of garnishee nisi under Ugandan law – party in contempt and right to be heard.
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10 May 2024 |
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9 May 2024 |
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Applicant granted leave to amend plaint to add defendants and allege fraudulent sale; amendment before hearing allowed without prejudice.
Civil Procedure – Amendment of plaint – Leave to amend to add defendants and plead fraudulent sale – Introduction of new cause of action by amendment before hearing permissible – No prejudice or injustice shown – Amendments to avoid multiplicity of suits.
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7 May 2024 |
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6 May 2024 |
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6 May 2024 |
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Leave to defend granted where defendant raised a bona fide triable issue about the debt and account reconciliation.
Civil procedure – Application for leave to appear and defend – summary judgment principles – bona fide triable issue required. Contract/Commercial – disputed debt amount and account reconciliation – reconciliation requires trial, not summary disposal. Agency/Authority – validity of debt settlement agreement where signatory's authority is challenged. Insolvency – effect of insolvency petition on the performance/frustration of alleged agreement.
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6 May 2024 |
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3 May 2024 |
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3 May 2024 |
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3 May 2024 |
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3 May 2024 |
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3 May 2024 |
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3 May 2024 |
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3 May 2024 |
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2 May 2024 |
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2 May 2024 |
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Security for costs ordered where respondent is foreign with no known assets but applicant shows prima facie defence.
Civil procedure – security for costs – Order 26 rr.1 – foreign respondent with no known assets – prima facie defence – whether suit frivolous or vexatious – burden of proof on applicant – costs in the cause.
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2 May 2024 |
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2 May 2024 |
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2 May 2024 |
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2 May 2024 |
| April 2024 |
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30 April 2024 |
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30 April 2024 |
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30 April 2024 |
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30 April 2024 |
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Triable issues on mortgage legality and guarantor liability warranted unconditional leave to appear and defend.
Civil procedure – Order 36 summary procedure – leave to appear and defend; guarantor and mortgage liability; competency of affidavit sworn by respondent’s Legal Officer; related matrimonial/property dispute and interim injunction affecting enforceability of security.
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30 April 2024 |
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30 April 2024 |
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Applicant entitled to inspect bank’s internet-banking policy to prove alleged negligence and breach; production ordered within seven days.
Civil procedure – Discovery of documents – Order 10 r.12; Existence, relevance and possession tests for discovery; Banker–customer relationship – duties under e-banking terms; Confidentiality/privilege requires evidential proof.
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30 April 2024 |
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A later summary suit was struck out for lis pendens as the same issues and parties were already before the court.
Civil procedure – Lis pendens – Whether subsequent suit raises matters directly and substantially the same as an earlier suit; Summary procedure – Order 36 – limits where bona fide triable issues exist; Abuse of process – striking out under section 98 Civil Procedure Act and section 17(2) Judicature Act; Pleadings comparison – identity of issues and parties; Pending proceedings – effect on competence of subsequent suit.
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30 April 2024 |
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Applicants failed to demonstrate bona fide triable issues to defend a summary suit for loan recovery, and leave was denied.
Civil procedure – summary suits – leave to appear and defend – requirements for demonstration of bona fide triable issues – jurisdiction of Ugandan courts under contracts referencing English Law – liability of guarantors – effect of COVID-19 and alleged interest disparities as defences.
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29 April 2024 |
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Breach of contract by late document delivery and failure to assist with regulatory waiver — plaintiff awarded special damages, interest and costs.
Contract law – breach for late delivery of documents; failure to assist in obtaining regulatory waiver (UNBS/PVOC); proof of special damages by invoices and correspondence; interest and costs; judgment entered after defendant failed to file defence.
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29 April 2024 |
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Court enforces arbitral awards: respondents' late challenge to arbitrator's appointment waived and time‑barred, decree and costs granted.
Arbitration — Recognition and enforcement of arbitral awards — Requirement to produce arbitration agreement and certified award (s.35 ACA). Arbitration — Challenge to arbitrator appointment — time limits and procedure (ss.12(3), 13 ACA) — waiver and estoppel for failure to object. Arbitration — Setting aside arbitral award — time‑bar under s.34 ACA; enforcement under s.36 ACA. Civil procedure — Enforcement decree and costs where objections raised belatedly.
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29 April 2024 |
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Only contract-based claims containing an arbitration clause are referred to arbitration; unrelated claims remain before the court.
Arbitration – Referral to arbitration in terms of an arbitration clause – Partial reference where multiple contracts or claims exist – Court retains jurisdiction over claims not subject to arbitration agreement.
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29 April 2024 |
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Applicant’s unopposed evidence of not receiving hearing notices constituted sufficient cause to set aside dismissal and reinstate the suit.
Civil procedure – setting aside dismissal for non-appearance – Section 98 Civil Procedure Act; Order 9 Rules 17–18 – "sufficient cause" – burden of proof – unopposed affidavit evidence – reinstatement of suit – costs in the cause.
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29 April 2024 |
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26 April 2024 |
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26 April 2024 |
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Whether the applicant established a bona fide triable issue to obtain leave to defend a signed loan agreement.
Civil procedure – leave to appear and defend (s.98 CPA; Order 36 CPR) – defendant must show bona fide triable issue of fact or law. Contract law – signed agreement binding parties absent proven fraud, misrepresentation, coercion or undue influence. Summary judgment – where defendant fails to raise triable issues, judgment in default may be entered.
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25 April 2024 |
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Plaintiff failed to prove a subsisting customary marriage; mortgage valid and bank's cross-claim for outstanding loan granted.
Land law – family land and spousal consent (s.39 Land Act); proof of customary marriage – burden of proof; cohabitation insufficient to establish customary marriage; validity of mortgage; bank's recovery of outstanding loan.
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25 April 2024 |
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25 April 2024 |
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Dismissal for misconduct does not discharge the respondent from liability on an unsecured salary-designated loan.
Contract law – formation and binding effect of signed loan documents; Banking/loan law – distinction between 'salary' targeted loans and unsecured personal instalment loans; Insurance cover – retrenchment versus dismissal; Obligations on default – dismissal does not discharge liability on unsecured salary-designated loans; Remedies – principal, contractual interest and costs.
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23 April 2024 |
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Conflict of interest struck affidavit; triable issue (funds sent to LLC vs Limited) entitles applicant to leave to defend.
Civil procedure – summary judgment – leave to appear and defend – requirement of a bona fide triable issue; Conflict of interest – former firm representation and perceived bias – striking off affidavit in reply; Evidence – distinction between Limited and LLC recipient of funds as triable factual issue; Illegality and personal liability issues to be determined at trial.
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23 April 2024 |
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Court finds plaintiff's proposal and demonstration video original and infringed; awards damages and permanent injunction.
Copyright – protection of literary and audiovisual works reduced to material form; originality requires independent effort and minimal creativity. Infringement – substantial similarity and evidence of access establish copying. Remedies – award of general damages, injunction and costs; exemplary and special damages refused; account of profits declined when damages awarded.
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22 April 2024 |
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Repossession and re-leasing of disputed buses were unlawful; arbitration clause survives and interim protection remains pending arbitration.
Arbitration law – interim measures – court may grant interim relief pending arbitration; arbitration clause separability preserves arbitrator/tribunal jurisdiction. Service on corporations – effective service may be proved by company stamp, correspondence and receipt by a principal officer/manager. Contempt of court – altering the status quo after being aware of pending proceedings amounts to contempt. Lease agreements – clause permitting repossession after notice is not necessarily self-executing where arbitration clause survives; unlawful repossession and third-party dealing can be restrained. Civil procedure – illegality brought to court overrides pleadings and may dispose of applications as nullities.
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22 April 2024 |
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22 April 2024 |
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The applicant’s claim against a dissolved bank is extinguished unless proved in liquidation; no cause disclosed against the alleged successor.
Insolvency law – liquidation and dissolution – effect on creditors’ remedies – requirement to prove claims to the liquidator; contingent claims may be estimated or referred to court. Civil procedure – preliminary objection – when a plaint fails to disclose a cause of action. Agency/principal law – disclosed principal/agent – agent not personally liable absent novation or personal involvement. Companies law – dissolution of a company extinguishes its capacity to be sued.
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20 April 2024 |
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Leave granted to tax an advocate-client bill; taxed costs to be paid from the adjudged’s estate by personal representatives.
Advocates Act (ss.57,58,60) – leave to tax advocate-client bill; Illiterates Protection Act – certificate of translation non-compliance and effect on documents; Capacity to contract – Alzheimer’s, adjudication of unsound mind and lucid intervals; Taxation procedure vs fee quantum disputes; Personal representatives’ obligation to cause payment from estate (Administration of Estates of Unsound Mind Persons Act).
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19 April 2024 |
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19 April 2024 |
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19 April 2024 |
