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Citation
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Judgment date
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| December 2014 |
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Appellate court found original receipt proved ownership, set aside trial judgment and declared appellant owner of Plot No. 6A.
* Land law – ownership dispute – weight and authenticity of documentary evidence: original receipt (Exhibit P1) v. photocopied certificates (DII, DIII) with signs of tampering. * Civil procedure – locus in quo visit – duty to record evidence and observations; irregularity may amount to miscarriage of justice if prejudicial. * Appeal – first appellate court’s duty to re‑examine entire record and make independent findings.
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11 December 2014 |
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A dilatory litigant was refused extension of time and stay of execution as it would prejudice bona fide purchasers for value.
Civil procedure – extension of time – stay of execution – discretionary remedies – delay and abuse of court process – bona fide purchaser
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8 December 2014 |
| November 2014 |
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28 November 2014 |
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A student's challenge to expulsion from school for disciplinary reasons failed as due process was found to have been observed.
Administrative law – Judicial review – Disciplinary proceedings in educational institutions – Right to a fair hearing – Decision-making process and legality – Student discipline – Remedies for alleged unfair exclusion from school
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25 November 2014 |
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Appellants failed to prove land ownership or respondent trespass, leading to dismissal of their appeal.
Land - Ownership claims - Trespass - Burden of proof in ownership disputes - Validity of sale agreements - Inheritance rights
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20 November 2014 |
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Court held that Plaintiff lawfully acquired the land; Defendants' counterclaim for fraud was dismissed.
Property law – Fraudulent acquisition of land – Titles Act – Registrable interest – Letters of administration
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19 November 2014 |
| October 2014 |
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Appellate courts properly upheld conviction for receiving gratification where witness testimony was credible despite lack of the money exhibit.
Criminal law – Corruption – Receiving gratification – Appellate review and re-evaluation of evidence – Concurrent findings on credibility – Failure to tender object/exhibit not fatal where credible oral evidence – Minor inconsistencies not determinative.
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24 October 2014 |
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Application to set aside ex parte judgment dismissed for effective service and partial payment, amounting to waiver of challenge.
Civil Procedure – Setting aside ex parte judgment – Service of summons – Validity of affidavit evidence – Approbation and reprobation – Abuse of court process.
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14 October 2014 |
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Legal guardianship was granted but travel with the child outside Uganda was restricted for a three-year bonding period.
Family law – legal guardianship of an infant – criteria for granting guardianship – travel restrictions – preparation period before adoption.
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8 October 2014 |
| September 2014 |
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A court invalidated a freehold title procured through irregular conversion from Mailo land and ordered restoration to the estate administrator.
Land law – Mailo and freehold tenure – authenticity of title – conversion from Mailo to freehold – cancellation of title – locus standi of administrator – limitation of action – trespass.
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25 September 2014 |
| August 2014 |
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22 August 2014 |
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Applicant allowed to reopen narrowly to call a handwriting expert on documents admitted for identification.
Civil procedure – leave to reopen trial under section 98 CPA; Order 7 r18(2) – documents produced for cross-examination; Evidence – expert opinion on handwriting (s43 Evidence Act); Primary evidence rule (s63 Evidence Act) – premature objection; Discretion to reopen guided by Smith v New South Wales.
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20 August 2014 |
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A lease dispute concerning non-payment of rent was referred to arbitration in accordance with a binding clause in the lease.
Land Law – leasehold disputes – arbitration clause in lease agreement – jurisdiction – preliminary objection – referral to arbitration required prior to court proceedings.
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19 August 2014 |
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A defendant's attempt to shift repayment liability from personal to company responsibility failed where clear evidence of personal obligation existed.
Civil procedure – Summary suits – Leave to appear and defend – Privity of contract – Personal versus company liability – Documentary evidence in loan agreements.
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14 August 2014 |
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Appeal concerning land ownership dismissed due to proper evaluation of evidence by trial magistrate and inconsequential contradictions.
Civil practice and procedure - appeal - evaluation of evidence - determination of land ownership; Burden of proof - consistency of testimony - visiting the locus in quo.
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4 August 2014 |
| July 2014 |
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Application for guardianship by non-relative foreign nationals dismissed in favour of preserving a child’s ties to immediate biological family.
Children – guardianship – welfare and best interests of the child – removal of child from Uganda by foreign nationals – availability of biological relatives able to provide care – paramountcy of the child's right to be cared for by family under Constitution and Children Act.
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1 July 2014 |
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A non-party must seek a review, not revision, for challenging a lower court's decree affecting their interest.
Civil Procedure – Revision and Review – Locus Standi – Jurisdictional Error – Non-party's Right to Challenge a Judgment
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1 July 2014 |
| June 2014 |
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Secular courts cannot restore ecclesiastical office after final dismissal by church authority, making judicial review applications futile.
Judicial review – ecclesiastical decisions – jurisdiction of secular courts – review of church disciplinary proceedings – futility of relief where higher ecclesiastical authority has acted – natural justice in religious organizations.
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25 June 2014 |
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A consent order between landlord and lessee must be varied to protect the rights of a bona fide kibanja holder.
Land Law – Consent order – Review and variation – Locus standi of kibanja holder – Bona fide occupant's rights and compensation before eviction – Protection of unregistered interests under Ugandan law – Stay of execution – Appeal procedures.
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10 June 2014 |
| May 2014 |
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30 May 2014 |
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Applicant failed to prove title; respondent’s unchallenged sale agreements and possession upheld, appeal dismissed with costs.
Land law – burden of proof in possession claims; customary land – heirship resolutions and proof of deceased’s ownership; bona fide purchase for value – effect of unchallenged sale agreements; appellate review – re-evaluation of evidence and duty to call vital witnesses; procedure – failure to extract decree not automatically fatal to appeal.
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9 May 2014 |
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Judicial review dismissed where the applicant had already exhausted statutory appeal remedies against a disciplinary committee's decision.
Judicial review – abuse of process – statutory appeal exhausted – finality of litigation – Disciplinary Committee proceedings – procedural propriety – alternative remedies – legal profession – natural justice.
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8 May 2014 |
| April 2014 |
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Ex parte judgment set aside due to service irregularities and court error; conditional leave to defend granted upon deposit.
Civil procedure – setting aside ex parte judgment – effectiveness of service – conditional leave to appear and defend – existence of triable issues – reconciliation of accounts in debt suits – court errors in registry procedures.
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23 April 2014 |
| February 2014 |
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Accused convicted of aggravated defilement of two stepdaughters under 14 based on reliable identification and rejected alibi.
Criminal law – Aggravated defilement of minors – Visual identification by child victims and caregiver; Alibi – burden on prosecution to disprove; Corroboration by medical report and scene plan; Sentencing — protection of children and deterrence.
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28 February 2014 |
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The High Court overturned a lower court's decision due to improper evaluation of evidence regarding land ownership.
Land Law – Ownership claims – Evaluation of evidence – Procedural fairness in judicial determinations.
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25 February 2014 |
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A Magistrate’s Court lacks jurisdiction over employment matters, which should first proceed before a Labour Officer under the Employment Act.
Employment law – Jurisdiction – Whether Magistrate’s Court has jurisdiction to determine employment matters – Exclusive jurisdiction of Labour Officers and appropriate appellate avenues under the Employment Act, 2006 – Remedies for wrongful termination of employment.
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20 February 2014 |
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A law firm that prepared evidential material for the employer cannot ethically represent the employee accused in related criminal charges.
* Conflict of interest – lawyer representing both former/instrumental client and opposing party – appearance and reality of conflict
* Advocates’ professional conduct – SI 267-2 Regulations 9 & 10 – advocate as witness; fiduciary duties and prohibition on using client relationship for advantage
* Partnership law – acts and knowledge of a partner bind the firm; firm-wide disqualification
* Right to counsel – constitutional right limited where professional misconduct or fiduciary breach would result
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13 February 2014 |
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Originating summons inappropriate for contested estate and caveat dispute; applicants must sue by ordinary action; costs to respondent.
* Civil procedure – Originating Summons (Order 37 CPR) – Intended for simple, non-contentious matters decidable on affidavit – Not appropriate for complex, disputed factual issues involving estate administration and alleged fraud. * Executors and administrators – Competing claims to letters of administration – Factual disputes on entitlement require ordinary action with oral evidence. * Caveat disputes – Where title and administration are contested, vacation of caveat not to be determined by Originating Summons. * Procedural objections – Rejoinder filed out of time and absence of supporting affidavit raised but not decided after procedural dismissal.
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11 February 2014 |
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A suit filed by a non-existent, unincorporated entity is a nullity and cannot be cured by amendment.
Civil procedure – legal capacity – non-existent party – corporate existence – amendment of pleadings – whether a suit filed by an unincorporated or non-existent plaintiff can be cured by amendment – nullity of suits instituted by parties without legal existence.
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7 February 2014 |
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The High Court dismissed a stay application for failure to show substantial loss and directed the applicant to obtain certified proceedings for appeal.
Civil Procedure – Stay of execution – Order 43 r.4 CPR – requirements: substantial loss, promptness, security – adoption of Order 43 under s.39(2) Judicature Act – notice of appeal on record sufficient – failure to show substantial loss – application dismissed with costs.
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6 February 2014 |
| January 2014 |
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An interim order cannot be used to grant final relief; the Registrar erred by reinstating the respondent via an interim order.
Civil procedure — Interim orders and interlocutory relief — Registrar’s jurisdiction to review or vary interim orders — distinction between interlocutory and final relief — abuse of court process — review under s.83 Civil Procedure Act and O.46 r.1 — referral to Judge under O.50 r.7 — status quo ante and nullification of acts under unlawful interim orders.
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21 January 2014 |
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Appellate court upheld trial findings on customary title, reduced excessive damages to Ushs.9,000,000, and dismissed the appeal with costs.
Civil procedure – Appeal – scope of first appellate court in reappraising evidence; Land – customary title – requirement of proof of sale agreement to transfer title; Evidence – credibility and advantage of trial court from witnessing witnesses; Damages – award for trespass to land and principles for assessing general damages; Costs – discretionary award to successful litigant.
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14 January 2014 |