High Court of Uganda

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6 judgments

Citation	Judgment date
March 2013
Nziri and 3 Others v Issiah and 8 Others (Civil Suit No. 179 of 2008) [2013] UGHC 270 (28 March 2013) 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	28 March 2013
East Africa Gold Sniffing Company Ltd v Attorney General (Misc Cause No. 88 of 2012) [2013] UGHC 284 (26 March 2013) 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.	26 March 2013
Basheka v Uganda Management Institute Governing Council and Another (Misc. Cause No. 007 of 2012) [2013] UGHC 281 (25 March 2013) 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.	25 March 2013
Orient Bank Limited v Avi Enterprises Limited (Miscellaneous Application No 37 of 2013) [2013] UGHC 276 (22 March 2013) 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.	22 March 2013
Idirisaa Mugisa V Uganda (Criminal Appeal No. 0016 of 2008) [2013] UGHC 253 (4 March 2013) 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.	4 March 2013
Marie Stopes Uganda Limited v Security Group Uganda Limited (Civil Suit No. 69 of 2009) [2013] UGHC 263 (1 March 2013) 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.	1 March 2013

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