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Citation
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Judgment date
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| June 2012 |
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Civil Procedure|Orders
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27 June 2012 |
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A borrower denied an injunction against a bank’s foreclosure after failing to meet loan repayments under a contractually variable interest rate.
Civil Procedure – Temporary injunction – Principles for grant – Loan facility – Whether undue increase in interest and installments without notice justifies injunction – Irreparable harm – Adequacy of damages – Clean hands doctrine – Contractual relationships and enforcement of securities.
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26 June 2012 |
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Administrative Law
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26 June 2012 |
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Court finds respondents in contempt for failing to comply with election annulment orders and orders purge by compliance within 14 days.
Judicial review – enforcement of election-declaration orders – contempt of court for non-compliance – appeal does not automatically stay execution in local council matters – s.172 Local Government Act and s.95(3)(b) PEA distinction – constitutional duty of state organs (Art.128(3), Art.189) to give effect to court orders – remedies: purge by compliance, fresh election, committal for non-compliance.
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26 June 2012 |
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Administrative Law|Writ of Certiorari
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22 June 2012 |
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21 June 2012 |
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Petitioner’s condonation of adultery precluded divorce; court substituted judicial separation and ordered no costs.
Family law – Divorce – Adultery – Condonation by continued sexual relations – Effect of condonation in barring divorce – Judicial separation as alternative remedy; Default of respondent at trial.
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20 June 2012 |
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Civil Procedure
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19 June 2012 |
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Where court-aided mediation leads to consent judgment, costs may be awarded against a respondent whose actions necessitated the proceedings.
Judicial review—Costs—Consent judgment following mediation—Responsibility for costs—Examination malpractices proceedings—Dismissal of unmerited claims—Procedural fairness in contempt applications.
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19 June 2012 |
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Contract Law
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19 June 2012 |
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A customary heir confirmed by the monarch cannot be removed; Administrator General acted ultra vires in redistributing the estate.
Customary succession – Kabaka’s confirmation of heir final under Kiganda custom – clan leaders’ removal void; Administrator General’s powers under S.I.150/1967 limited to issuing certificates for estates already administered; certificate of succession is functus officio once issued; Administrator General acted ultra vires in cancelling and redistributing estate; Titles issued pursuant to wrongful distribution are nullities; reliefs include declarations, cancellation and re-registration of titles, general damages and costs.
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19 June 2012 |
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A judgment creditor held liable for wrongful sale of attached cattle where bailiff acted without court authority.
Execution—attachment and sale of livestock; bailiff duties under Order 22 r.40 CPR; wrongful sale without court authority; creditor's liability for participating in improper attachment; vacated orders require review or appeal; technical procedural defects disregarded under Article 126.
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15 June 2012 |
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Criminal law
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14 June 2012 |
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Constitutional Law|Elections
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14 June 2012 |
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Civil Procedure
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13 June 2012 |
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Court exempts severance package claim from limitation period but finds suit res judicata for some plaintiffs.
Employment law – severance packages – limitation period for contractual claims – res judicata – specific performance
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12 June 2012 |
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Consent variation orders waiving interest are valid where counsel is authorized; abuse of process to relitigate settled claims.
Civil procedure – Consent judgment – Authority of counsel to compromise suits – Variation of decrees by consent – Interests of parties in repetitive litigation – Setting aside consent orders – Illegality or error on record.
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12 June 2012 |
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Contract Law|Breach of Contract|Labour and Employment Law|Contract of Employment
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12 June 2012 |
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The applicant proved ownership and the school’s foundation; the respondent is a trespasser and the trial magistrate misdirected on evidence.
* Property law – ownership and trespass – proof on a balance of probabilities – weight of documentary records versus conflicting oral testimony.
* Evidence – assessment of contradictions and inconsistencies – minor, explainable inconsistencies should not be given decisive weight.
* Appellate review – misdirection by trial court through reliance on extraneous facts and conjecture.
* Remedies – vacant possession and permanent injunction; costs with interest; discretionary refusal to award damages to preserve reconciliation.
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12 June 2012 |
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Delict and Tort Law|Negligence
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6 June 2012 |
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Civil Defences|Laches and Acquiescence|Affidavits|Pleadings
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6 June 2012 |
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A preliminary objection challenging the timeliness of a judicial review application was overruled as the application was filed within three months of the operative decision.
Judicial review – preliminary objection – time limits – determination of date when cause of action arises – proper interpretation of Rule 5, Judicature (Judicial Review) Rules, 2009.
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6 June 2012 |
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Administrative Law
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5 June 2012 |
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Application for judicial review of dismissal from civil service dismissed as time-barred due to unreasonable and unexplained delay.
Judicial review – Application for certiorari – Dismissal from public service – Limitation of actions – Unreasonable delay – Time-barred application – Whether remedies available after lengthy delay – Discretion to extend time.
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1 June 2012 |
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The appellate court overturned the assault judgment against five appellants, maintaining only the first appellant's liability.
Tort Law – Assault – Evaluation of Evidence – Burden of Proof – Appellate Review.
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1 June 2012 |
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The court found UMEME Limited liable for negligence causing fire damage from a loose electric wire.
Tort law – Negligence – Electricity provider liability – Property and personal losses from electrical mismanagement – Damages awarded for negligence.
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1 June 2012 |