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Citation
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Judgment date
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| December 2015 |
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Court validated the plaintiff's purchase of 105 acres, granting him ownership and restraining defendants from eviction attempts.
Land law – purchase of property – validity of sale agreements – rights of bonafide purchaser without notice – administration of estate.
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22 December 2015 |
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The High Court quashed the UPC party presidential election, holding it violated constitutional requirements and internal party procedures.
Political Parties – Internal democracy – Electoral Commission powers – Party constitutional compliance – Legality of party election procedures – Judicial review – Certiorari – Declaration – Order of prohibition – Uganda Peoples’ Congress (UPC) constitution – Nullity of irregular party presidential election.
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11 December 2015 |
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Will signed by drafter with testator’s mark was admissible; testator could not bequeath land he no longer owned; trespass and damages upheld.
Illiterates Protection Act — statutory formalities for marks and verification; Succession Act s.50 — wills executed by mark; Testamentary disposition limited to property owned by testator; Trespass — entry and destruction of crops; Appellate review of damages and costs.
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9 December 2015 |
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The bank was found negligent for failing to verify customer details, causing fraud and plaintiff's financial loss.
Banking Law - negligence - duty of care in account opening - customer verification - fraud prevention
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7 December 2015 |
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The court affirms equal share in a jointly owned property despite disputes over financial contributions.
Property Law – Joint ownership – Determination of equal entitlement – Non-monetary contributions considered in property disputes.
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1 December 2015 |
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Equal ownership of property upheld due to joint registration, despite lack of monetary contributions.
Property law – Joint proprietors – Equal shares in property – Non-monetary contributions – Fraud allegations must be proven.
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1 December 2015 |
| November 2015 |
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A vesting order was set aside where the court found an error in the land description and failure to hear affected persons.
Land law – Vesting orders – Review of court order – Error apparent on the face of the record – Aggrieved persons not made parties – Requirement for parties in occupation to be heard before vesting order granted.
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30 November 2015 |
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The court upheld the decision that the bank was negligent in handling the fraudulent cheque transaction, warranting compensation to the respondent.
Banking Law – Negligence – Fraudulent Transactions – Duty of Care in handling account transactions
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13 November 2015 |
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Appellant failed to prove land ownership; long uninterrupted occupation and credible title evidence favoured the respondent.
Land law – proof of title – burden of proof on claimant to establish ownership on balance of probabilities; long uninterrupted possession and use as evidential support for title. Document authenticity – allegation of forgery must be substantiated; credibility of witnesses and contemporaneous conduct are key. First appeal – fresh review of evidence and independent assessment of credibility.
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10 November 2015 |
| October 2015 |
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The appeal was allowed as lower court erred in evaluating evidence and didn't conduct a locus in quo visit in land dispute.
Land law – Determination of possessory interests – Evaluating alleged fraud in land ownership – Role of locus in quo visits in land disputes.
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30 October 2015 |
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Land qualifies as family land only if spouses ordinarily reside together on it and derive their sustenance from it.
* Land law – Family land – Section 39(1)(c)(i) Land Act 1998 – Requirements: spouse, ordinary residence together, and derivation of sustenance – all three required. * Evidence – First appeal – re-evaluation on balance of probabilities. * Consent to sale – not required where land is not family land.
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28 October 2015 |
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The court upheld former employees' claim for severance packages based on a binding board resolution.
Employment Law – Severance Package – Employment Contract – Board Resolutions – Special Damages – General Damages
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26 October 2015 |
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Court declares plaintiffs lawful owners, voids defendants' title due to fraud and awards damages.
Land Law – Fraudulent acquisition of title – Validity of land titles – Proof of fraud in land acquisition – Remedies for fraudulent land registration
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22 October 2015 |
| September 2015 |
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The court declared NSSF’s collection of contributions from excepted employees ultra vires and ordered a refund with statutory interest.
Judicial review – National Social Security Fund (NSSF) – excepted employment – compulsory and voluntary contributions – ultra vires – refund of unlawful collections – legitimate expectation – public law remedies – statutory interpretation – pension schemes – unjust enrichment – public sector employment.
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29 September 2015 |
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Court overturns land judgment due to prior mediation decisions and procedural errors in evidence evaluation.
Land Law – res judicata – improper evaluation of evidence during trial – failure to consider ADR resolutions.
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28 September 2015 |
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Respondent entitled to relief where a share-cap increase unlawfully diluted holdings and amounted to oppressive conduct.
Companies Act – increase of share capital (ss.63,65) – late registration is irregularity not nullity; Oppression – minority shareholder relief where share-cap imposed to dilute majority voting power and directors ratified decision; Equity – laches inapplicable absent unreasonable delay or prejudice; Limitation – defence must be pleaded and not ordinarily raised first on appeal.
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23 September 2015 |
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The appellate court set aside the lower court's decision and ruled in favor of the appellants regarding land ownership.
Land Law – Customary ownership – Inheritance and gift inter vivos – Evaluation of evidence on trespass and ownership rights.
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18 September 2015 |
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A party member has standing and has disclosed a cause of action over alleged intra‑party election irregularities; preliminary objections dismissed.
Political party law — Membership rights under party constitution — Locus standi of a party member to sue over alleged intra‑party electoral irregularities; Civil procedure — Preliminary objections — Whether plaint discloses cause of action; Joinder — Appropriateness of resolving joinder and fact‑intensive disputes at preliminary stage; Interplay between party internal processes and Electoral Commission timelines — matters unsuitable for determination on preliminary objection.
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17 September 2015 |
| August 2015 |
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The court found the dispute concerned a motorable road and overturned unjustified damages awarded by the lower court.
Land law – public roads – evidence of existence – award of damages for encroachment – evaluation of evidence.
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24 August 2015 |
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The estate of late Sunder Kaka Wallia is liable for misappropriated funds intended as company investment.
Fraudulent Misappropriation – Company Law – Binding Agreements – Legal Entity Doctrine – Creditor's Claim Against Estate.
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18 August 2015 |
| July 2015 |
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A district survey found the respondent's fence encroached on the appellant's land; fence to be relocated and costs borne equally.
Land law – boundary dispute – trespass – effect of erroneous prior survey and mislaid boundary marks – district surveyor report – remedy by re-establishing boundary and relocating fence – costs each party to bear.
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14 July 2015 |
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A journalist's suspension from Parliament was quashed for lack of proper authority and denial of a fair hearing.
Administrative law – judicial review – media freedom – suspension of parliamentary journalists – right to fair hearing – authority to suspend – ultra vires decision – constitutional rights of journalists.
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3 July 2015 |
| June 2015 |
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Court struck out statute-barred, fictitious fatal accident claims and ordered respondents’ counsel to personally pay costs.
Civil procedure – locus standi – fatal accident claims – requirement for pleadings to show basis of suit – time limits for actions under Law Reform (Miscellaneous Provisions) Act – personal costs against counsel for unmeritorious, statute-barred suits.
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29 June 2015 |
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The suit was found to be an abuse of court process due to duplicative litigation concerning the same estate.
Civil Procedure - Lis Pendens - Abuse of Process - Multiple suits concerning estate properties - Jurisdiction - Substantially the same parties and issues.
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8 June 2015 |
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Letters of Administration revoked for omission of beneficiaries and failure to exhibit an inventory; homestead occupation protected.
Succession law – revocation of Letters of Administration for just cause (concealment of beneficiaries; failure to exhibit inventory) – validity of a will questioned where attestors absent – occupation rights of surviving occupant – procedure for selecting administrators and filing inventory.
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8 June 2015 |
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Possession and credible customary evidence established ownership; town council failed to prove public title; appeal dismissed.
Customary land – proof of customary tenure by possession and evidence of caretaking and burial sites; Public land – burden of proving government ownership and need for documentary proof; Transfers of customary tenure – effect of lack of prescribed authority approval under Land Reform Decree; Compensation – requirement for prompt, fair compensation where land is taken and third-party interests exist.
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4 June 2015 |
| May 2015 |
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Procedural objections regarding leave to appeal must be raised before the appeal court, not via separate applications.
Appellate procedure – Right of appeal – Whether leave to appeal is required from the Magistrate’s Court – Appropriate forum for raising procedural objections – Abuse of court process by multiple applications.
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3 May 2015 |
| April 2015 |
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Court declined to grant a stay of execution where the applicant failed to prove irreparable harm and was not in active possession.
Civil procedure – Stay of execution – Conditions for grant – Irreparable harm – Security for performance – Substantive justice versus procedural technicalities.
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30 April 2015 |
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The plaintiff's construction on a gazetted road reserve entitles him to damages due to the local council's negligent plan approval.
Real estate and land law - road reserves - construction encroachment - government authority liability - compensation claims
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16 April 2015 |
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Appellate court affirms trial finding that plaintiff proved land ownership; appeal dismissed with costs.
Land law – ownership – evaluation of oral and documentary evidence; altered document diminishing probative value; locus in quo evidence – relevance where dispute is ownership rather than boundary; appellate review – fresh scrutiny but will not disturb findings supported on balance of probabilities.
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2 April 2015 |
| March 2015 |
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Once a certificate of title is duly admitted at trial and not procured by fraud, it is conclusive evidence of land ownership.
Land law – registration of title – certificate of title admitted in evidence – whether expunging such evidence at judgment was proper – procedural law – pleadings – whether listing documents in amended plaint suffices for notice – effect of registration under the Registration of Titles Act – conclusive ownership absent fraud – injunction against trespass.
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17 March 2015 |
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A valid gift inter vivos prevails over a will not yet operative; procedural irregularities alone do not impeach registered title.
Land law – succession – gift inter vivos – certificate of succession – removal of caveat – locus standi – fraud – registered land title – procedural irregularities – rectification by registrar – remedies.
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3 March 2015 |
| February 2015 |
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A court directed harmonized verification and transparency in war loss compensation, stressing adherence to substitution procedures and substantive justice.
Civil Procedure – representative actions – locus standi – substitution of plaintiffs – consent judgment – execution and verification of claims – compensation for war losses – harmonization of claimant verification – role of government and local officials – procedural propriety vs. substantive justice – disbursement of public funds.
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6 February 2015 |
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Prosecution proved unlawful killing with malice aforethought; eyewitness identification and corroboration sufficed to convict two accused of murder.
* Criminal law – Murder – proof of death, unlawfulness and malice aforethought – inference from nature of injuries and weapons used.
* Evidence – identification by a single eyewitness – conditions for reliability and need for caution.
* Evidence – accomplice testimony – need for caution and corroboration; court may convict on other credible evidence.
* Defence – alibi – prosecution duty to negative alibi and evaluation of credibility of alibi witnesses.
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6 February 2015 |
| January 2015 |
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The court reversed a prior ruling, asserting the Appellant's legal land title over the Respondent's equitable claim.
Property Law - land ownership dispute - equity versus legal title - bona fide purchase - fraud claims.
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8 January 2015 |