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Citation
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Judgment date
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| December 2013 |
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Defendants were declared bonafide occupants, with Kibanja interest, not trespassers; plaintiff's suit dismissed.
Land Law – Customary tenure – Kibanja interest – Bonafide occupant status – Land Reform Decree – Land Act 1998
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16 December 2013 |
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Appeal dismissed; Judicial Service Commission's decision procedurally proper despite allegations of bias and misdirection.
Judicial Service - Disciplinary measures - Delayed judgment - Evaluation of evidence - Judicial code contraventions.
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16 December 2013 |
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Administrative bodies must afford affected parties a fair hearing before cancelling permits where factual disputes exist.
Administrative law – Judicial review – Right to be heard – Cancellation of export permit – Quasi-judicial proceedings – Article 42 of the Constitution – Principles of natural justice – Certiorari and mandamus.
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12 December 2013 |
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Conviction for embezzlement based on circumstantial evidence showing 20,000,000/= went missing from the accused’s custody.
* Criminal law – Embezzlement (Anti‑Corruption Act s.19(b)(i),(ii)) – circumstantial evidence; custody and exclusive access to funds; absence of system error or third‑party theft. * Defence theories: mis‑posting, third‑party theft, inexperience rejected as afterthoughts. * Sentence: fine or imprisonment and restitution ordered.
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3 December 2013 |
| November 2013 |
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The court upheld the respondent’s claim under a performance bond, rejecting fraud allegations and refusing leave to defend the summary suit.
Performance bonds – autonomy from underlying contract – entitlement to payment on demand – allegations of fraud – summary suit – triable issues – special purpose vehicles in construction contracts.
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18 November 2013 |
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Plaintiff's claim for destroyed property during eviction dismissed due to lack of proof and bonafide occupancy.
Property law – Eviction – Damages claim for alleged destruction of property – Bonafide occupancy definition
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13 November 2013 |
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Interim injunction to halt NRM primary re‑run denied for lack of adequate remedy and unfavorable balance of convenience.
Injunctions — Interim injunctions — requirement of notice under O.41 r.3 CPR — removal of automatic stays in Judicial Review Rules 2009 — interim relief only in rare deserving cases — adequate remedy at law — balance of convenience — inherent jurisdiction.
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8 November 2013 |
| October 2013 |
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The plaintiff's employment termination was found unlawful due to procedural breaches, meriting damages and remedies.
Employment Law - wrongful termination - breach of natural justice - fair hearing - remedies for wrongful dismissal
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31 October 2013 |
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The Court granted the applicant leave to appeal, finding prima facie grounds meriting serious consideration due to ownership-determining High Court findings.
Civil procedure – Leave to appeal – Test: whether prima facie grounds of appeal exist meriting serious consideration (Sango Bay Estates); Rule 40(2)(b) application procedure; objector proceedings and orders determining ownership; limited inquiry into merits when considering leave.
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21 October 2013 |
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The court ruled EARC period must be included in URC's pension calculations for former employees.
Employment Law – Termination Benefits – Continuous Service Calculation – Allowances Underpayment – Housing Entitlement Post-Termination.
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18 October 2013 |
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A suit against a government minister is incompetent unless a specific law allows it; proceedings must target the Attorney General.
Civil Procedure – Capacity to be sued – Government officers – Judicial review – Requirement under Article 250(2) of the Constitution and Government Proceedings Act that proceedings against government be brought against the Attorney General – Exception for officers exercising quasi-judicial functions.
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7 October 2013 |
| September 2013 |
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Court nullified a fraudulent land transfer, ordering the reinstatement of the original owner and damages payment.
Land law – Fraudulent transfer of title – Limitation Act – Impeachment of title due to fraud.
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18 September 2013 |
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Taxation set aside where Taxing Master failed to apply Advocates' remuneration rules and made arbitrary, unsupported allowances to respondent.
Advocates' remuneration and taxation — Advocate/Client bill of costs — Sixth Schedule application — instruction fees, one‑third rule — apportionment of instruction fees where multiple counsel employed — necessity for particularisation and evidence for attendances/meetings — taxing officer must exercise discretion judicially; insufficient one‑line rulings and arbitrary allowances vitiate taxation.
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1 September 2013 |
| August 2013 |
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Court quashed magistrate’s judgment for lack of territorial and pecuniary jurisdiction and ordered restitution of the seized grader.
* Civil procedure – Jurisdiction – Territorial jurisdiction of Chief Magistrate’s Court and limits under S.I. No.45 of 2007
* Civil procedure – Pecuniary jurisdiction – Contract sum determining cause of action and exceeding magistrate’s monetary limit
* Civil procedure – Nullity – Judgments, decrees and executions obtained without jurisdiction are nullities and liable to be quashed
* Execution – Restitution of property sold in execution and custody pending appeal
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23 August 2013 |
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Plaintiff awarded refund due to defendant's failure to meet contractual condition precedent in land deal.
Commercial Law - Breach of contract - Deed of acknowledgment - Commission claim validity - Lease procurement failure due to legal technicalities.
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21 August 2013 |
| July 2013 |
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Judicial review is inappropriate to decide allegations of fraud or vindicate title; the constitutional District Land Board retained jurisdiction despite the KCCA Act.
Judicial review — scope and limits; fraud allegations require ordinary suit not judicial review; constitutional establishment and independence of District Land Board; effect of Kampala Capital City Authority Act 2010 on KDLB jurisdiction; illegality as ground for review.
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9 July 2013 |
| June 2013 |
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27 June 2013 |
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Petitioner failed to prove electoral irregularities substantially affecting the result; election held substantively in accordance with law.
Electoral law — election petition — burden and standard of proof — partisan/hearsay evidence and need for independent corroboration; admissibility and competency of affidavits (Commissioner of Oaths/interpretation certificates); clerical errors corrected post‑declaration do not invalidate election absent substantial effect on outcome.
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25 June 2013 |
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A contractor who trespasses and damages land outside a contract's scope is liable to the landowner, not entitled to indemnity.
Contract – supply of materials – trespass – excavation outside agreed site – damages for loss of crops and land – indemnity – liability of third party/government for acts of contractor – limits of indemnity where contractor acts unlawfully.
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13 June 2013 |
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Application for judicial review barred for individuals due to alternative remedies but permitted for a corporate applicant.
Judicial review – existence of alternative remedies – criminal procedure – amenability of subordinate court orders (Senior Magistrate Grade I) to judicial review – application of Section 36(5) Judicature Act – right of corporate entities to seek judicial review.
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12 June 2013 |
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Court acknowledges legal rights of both registered title holders and customary tenure holders on the same land.
Land Law – Ownership – Customary Land Tenure – Trespass – Title vs. Occupancy Rights.
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1 June 2013 |
| May 2013 |
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A plaint seeking to enforce access through neighboring land was dismissed for disclosing no cause of action and violating property rights.
Civil procedure – Rejection of plaint for lack of cause of action – Land and property rights – Easement and right of access – Property law – Constitutional right to property and privacy – Role of local authority decisions in land dispute resolution – Procedure for asserting rights to access over another’s land.
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28 May 2013 |
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The court dismissed the claim of malicious prosecution due to lack of evidence of malice or ill-will.
Tort Law - Malicious prosecution - Lack of evidence for malice - Vicarious liability for agents' actions
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23 May 2013 |
| April 2013 |
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A caretaker holding family property in trust cannot claim sole ownership nor be deemed a trespasser against beneficiaries.
Trusts – Family property – Implied or constructive trust – Registered proprietor as trustee – Beneficiaries’ rights – Succession – Limitation Act – Beneficiaries’ claim against trustee not time barred – Trespass – Whether caretaker holding in trust is a trespasser – Succession and estate administration.
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30 April 2013 |
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Court orders defendants to transfer property to plaintiffs for breach and fraudulent actions during sale agreement.
Contract law – Breach of contract – Memorandum of sale – Failure to complete obligations – Fraudulent actions.
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30 April 2013 |
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The court set aside a refund order for UGX 2.3 million based on fraudulent transactions by a bank employee.
Banking law – appeals on erroneous debits – fraudulent transactions – bank liability for employee fraud.
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30 April 2013 |
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Unconditional leave to defend granted where genuine disputes exist over loan versus sale characterization and quantum.
Civil Procedure — Order 36 r.4 — Leave to appear and defend — Requirement of bona fide triable issue; distinction between loan and contract of sale; disputed quantum (USD24,000 v. USD34,000).
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29 April 2013 |
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An application to set aside a judgment was dismissed for lack of locus standi and because the issues were res judicata.
Civil procedure – res judicata – locus standi – setting aside judgment – whether applicants not party to original suit can seek to set aside judgment – affidavit in reply – service of process.
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24 April 2013 |
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An application for a stay of execution was dismissed where no executable order existed and necessary legal requirements were unmet.
Civil procedure – Stay of execution – Requirements for grant – Existence of executable order – Irreparable loss – Appeal not rendered nugatory – No merit where no executable order exists.
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10 April 2013 |
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EALA election petition struck off: High Court has jurisdiction but petitioners lacked locus standi and filed out of time.
* EAC Treaty (Articles 50 and 52) – jurisdiction to determine EALA election questions – domestication via East African Community Act. * Procedure – absence of national procedure for EALA contests; domestic election law (PEA) may apply mutatis mutandis. * Locus standi – petitioners must meet PEA standing requirements (losing candidate or supported registered voters). * Time bar – election petitions to be filed within 30 days of gazetting. * Secretary General – duties to verify compliance may attract a cause of action.
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5 April 2013 |
| March 2013 |
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The court ruled the 7th defendant is not the legitimate heir to the Regam throne, violating traditions.
Customary law – appointment of traditional leaders – APAYA tradition – lineage of kingship – constitutional compliance
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28 March 2013 |
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A Minister’s decision made in response to an application by a non-existent company is ultra vires and must be quashed.
Judicial review – administrative law – jurisdiction – non-existent legal person – Minister’s powers under Mining Act – invalidity of administrative processes initiated by legally non-existent party – ultra vires decision – order of certiorari.
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26 March 2013 |
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Court quashed director appointments at a public institution for failure to follow statutory and institutional procedures and qualification requirements.
Administrative law – Judicial review – Appointment and renewal of directors in public tertiary institution – Procedural irregularity – Requirement for compliance with statutory and institutional frameworks – Standing of applicant – Minimum qualifications for academic posts – Quashing of unlawful appointments.
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25 March 2013 |
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Default judgment upheld where applicant failed to comply with a consent order to file a defence within prescribed time.
Civil procedure – Consent orders – Effect of non-compliance with a consent order for extension of time – Default judgment – Estoppel – Validation of late filings under court rules distinguished from situations governed by consent orders.
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22 March 2013 |
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Conviction based on equivocal plea due to inconsistent charge particulars (reckless vs dangerous driving) was quashed.
* Criminal procedure – plea of guilty – requirement that substance and ingredients of charge be stated and explained to accused; plea must be unequivocal.
* Traffic offences – distinction between "reckless driving" and "dangerous driving" – particulars must strictly reflect statement of offence.
* Interpretation – use of interpreter does not cure a defect where statement and particulars conflict, causing confusion in plea-taking.
* Conviction based on equivocal plea resulting from defective charge is liable to be quashed.
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4 March 2013 |
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Court held security company liable for burglary losses due to guard's negligent abandonment of duty.
Tort - negligence and vicarious liability - security services contract - contract disclaimers - evidence of liability.
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1 March 2013 |
| February 2013 |
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Judicial review declared nullification of sublease by public authority illegal due to procedural violations of fair hearing rights.
Judicial Review – Land Law – Lease Agreements – Compliance with PPDA Act – Principles of Natural Justice – Illegality, Irrationality, and Procedural Impropriety.
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25 February 2013 |
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Audit reports with adverse findings are not binding decisions subject to judicial review before Parliament acts on them.
Judicial review – Certiorari and prohibition – Audit reports – Nature of reviewable decisions – Right to be heard – Prematurity – Powers of the Auditor General – Role of Parliament.
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18 February 2013 |
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14 February 2013 |
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Review application turned on land title misapprehension and was favorably decided using constitutional discretion.
Civil Procedure - review of judgment - property rights - land title discrepancies - application of Article 126 (2) (e) of the Constitution.
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4 February 2013 |
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Court set aside order severing land due to mistaken reliance on expired title, favoring substantial justice over technicality.
Civil Procedure – Review of judgment – mistake or error apparent on face of record – failure to present valid certificate of title due to mistake – substantial justice versus technicalities – grounds for review under section 82 CPA and Order 42 CPR.
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4 February 2013 |
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Appeal allowed due to improper admission of evidence and insufficient proof of commission entitlement.
Employment Law – commission entitlements – admissibility of evidence – procedural law in documentary evidence – damages assessment
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1 February 2013 |
| January 2013 |
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A court granted a temporary injunction restraining trespass on land where respondents failed to contest the applicant’s supporting affidavit.
Civil Procedure – Temporary injunction – Requirements for grant of interim injunction – Effect of failure to file affidavit in reply – Admissibility of uncontroverted affidavit evidence – Whether party can cross-examine deponent absent a reply affidavit – Land law – Trespass.
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25 January 2013 |
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Court affirms pension entitlements for former UPTC employees based on continuous service under successor companies.
Employment law - pension rights and entitlements - Public Enterprises Reform and Divestiture Act vs Uganda Communications Act - breach of contract and calculation of pensions.
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22 January 2013 |
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Deputy Registrar cannot dismiss appeals; reinstatement refused where appeal was out of time and applicants unduly delayed.
Civil procedure – Appeals – Power to dismiss for want of prosecution – Deputy Registrar/Registrar lacks power; power rests with Judge (Order 43 Rule 31).; Time limits – Memorandum of appeal must be filed within 30 days under Section 79(1)(a) CPA; appeal filed out of time is not properly commenced.; Order 17 Rule 6(1) CPR applies to civil suits, not appeals.; Delay – Inordinate and inexcusable delay in applying to reinstate justifies dismissal.
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11 January 2013 |
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Administratrix awarded compensation, mesne profits and damages for government occupation without prior compensation.
Constitutional and property law – compulsory acquisition and occupation without compensation – entitlement to compensation and mesne profits; evidence – admissions at scheduling conference operate as estoppel; procedural law – laches inapplicable where statutory limitation governs; unchallenged valuation evidence adopted.
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8 January 2013 |