|
Citation
|
Judgment date
|
| August 2009 |
|
|
Motor Vehicle Accident|Negligence|Vicarious Liability
|
28 August 2009 |
|
Land
|
28 August 2009 |
|
Property Law|Land|Land Dispute
|
26 August 2009 |
|
Family Law
|
25 August 2009 |
|
Labour and Employment Law|Termination and dismissal
|
25 August 2009 |
|
Cancellation of a certificate of title without a fair hearing breaches the Land Act and constitutional right to natural justice.
Land law – Cancellation of certificate of title – Right to fair hearing – Natural justice – Section 91 Land Act – Constitutional law – Article 28 and Article 44 of the Uganda Constitution – Procedural impropriety.
|
25 August 2009 |
|
Judicial Review
|
25 August 2009 |
|
Criminal law
|
20 August 2009 |
|
Court declared plaintiffs' customary ownership over lands wrongly alienated by the Bundibugyo District Land Board.
Land Law – Customary tenure – Alienation of land – Validity of leases granted over existing customary lands – Fraudulent land acquisition processes challenged.
|
14 August 2009 |
|
Property Law|Land
|
14 August 2009 |
|
Taxation law
|
10 August 2009 |
|
Company Law
|
8 August 2009 |
|
Labour and Employment Law|Wages, pensions and benefits|Pension
|
6 August 2009 |
|
Company Law|Shares|Transfer of Shares
|
5 August 2009 |
|
Appeals and reviews
|
5 August 2009 |
|
Labour and Employment Law|Wages, pensions and benefits|Employment Income
|
3 August 2009 |
| July 2009 |
|
|
Land
|
30 July 2009 |
|
Re-entry and sale of expropriated land are unlawful until the Minister deals with it; purchaser takes freehold subject to reinstated leasehold.
Expropriated Properties Act (1982) – revesting and management by Ministry/Custodian Board; dealings in expropriated property nullified until Minister deals; re-entry on expropriated land is a prohibited dealing; repossession certificates and Minister’s discretion; purchaser of freehold takes subject to reinstated leasehold; fraud and delay in repossession applications.
|
30 July 2009 |
|
Labour and Employment Law|Termination and dismissal|Unlawful Or Unfair Dismissal
|
27 July 2009 |
|
Termination and dismissal
|
27 July 2009 |
|
Arbitration and Alternate Dispute Resolution|Arbitration awards|Arbitration Award|Family Law
|
23 July 2009 |
|
Parental care and protection|HR
|
23 July 2009 |
|
Family Law|Family|Parental care and protection|HR
|
22 July 2009 |
|
Parental care and protection|HR
|
22 July 2009 |
|
Parental care and protection|HR
|
21 July 2009 |
|
Parental care and protection|HR
|
21 July 2009 |
|
High Court may enforce a labour award despite Employment Act provisions when applicants’ access to justice would otherwise be denied.
High Court jurisdiction — Article 139 and s.33 Judicature Act — Enforcement of Labour Officer awards — Employment Act s.94 and Industrial Court — Non‑functioning specialised tribunal — Competence of appeals requiring leave.
|
20 July 2009 |
|
Parental care and protection|HR
|
15 July 2009 |
|
Criminal law|Commercial crime|Evidence Law|Burden of Proof
|
14 July 2009 |
|
Appeal upheld assault conviction as actual bodily harm; grievous harm not proved; sentence reduced to six months.
Criminal law – assault occasioning actual bodily harm vs grievous harm; admissibility/weight of medical history versus clinical findings; accused’s right to call defence witnesses and effect of State counsel improperly closing defence; sentencing – excessiveness and reduction for mitigating factors.
|
13 July 2009 |
|
Appeals and reviews|Land
|
13 July 2009 |
|
Court granted a vesting order for land sale rights where possession and price payment were undisputed.
Land law - vesting order - sale of land - purchase price payment - possession and acquiescence by vendor's representatives.
|
10 July 2009 |
|
Parental care and protection|HR
|
8 July 2009 |
|
Civil Procedure|Special Damages|Have his cause heard (fair trial)|HR
|
8 July 2009 |
|
Judicial Review|Enforcement of Award|Writ of Mandamus|CL
|
6 July 2009 |
|
Parental care and protection|HR
|
1 July 2009 |
|
Parental care and protection|HR
|
1 July 2009 |
| June 2009 |
|
|
Land
|
30 June 2009 |
|
Civil Procedure|Judicial Review
|
30 June 2009 |
|
The applicant’s volunteers in a religious order are not employees for Income Tax Act purposes and not liable to PAYE.
Tax law – Income Tax Act s.2(s) and s.19 – definition of "employee" and "employment"; volunteers and religious order members distinguished from employees. Employment income – "fixed or ascertainable remuneration" and "entitlement" – absence of contractual right precludes PAYE. PAYE obligations – employer duty to deduct only where taxable employment income exists.
|
29 June 2009 |
|
Appeals and reviews|Land
|
29 June 2009 |
|
Civil Procedure|Appeals and reviews|Land
|
27 June 2009 |
|
Labour and Employment Law|Termination and dismissal|Unlawful Or Unfair Dismissal
|
27 June 2009 |
|
Contract of Employment|Termination and dismissal|Unlawful Or Unfair Dismissal
|
26 June 2009 |
|
Civil Procedure|Appeals and reviews|Review of Judgment
|
25 June 2009 |
|
Court granted legal guardianship to foreign applicants, prioritizing the child’s best interests with reporting and oversight conditions.
Children Act – Guardianship – Best interests of the child paramount; cross-border guardianship to foreign nationals permitted where welfare is secured; consent of customary guardian and community reports; conditions and periodic reporting required for oversight.
|
22 June 2009 |
|
Registered title cannot be cancelled absent strict proof of fraud; Tribunal erred in impeaching title on inadequate evidence.
Land law – cancellation of registered title – certificate of title conclusive under Registration of Titles Act – can be impeached only for fraud. Fraud – must be strictly pleaded and proved; transferee must have been party to or have known and taken advantage of fraud. Civil procedure – formal proof/ex parte hearings do not shift burden of proof; claimant must still prove case on balance of probabilities. Appeals – duty of first appellate court to re-evaluate evidence; Order 43 r.22 CPR (additional evidence) requires exceptional circumstances.
|
22 June 2009 |
|
Parental care and protection
|
18 June 2009 |
|
Civil Procedure|Fresh Issues On Appeal
|
17 June 2009 |
|
Appeals and reviews|Review of Judgment
|
17 June 2009 |