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Citation
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Judgment date
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| December 2016 |
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An application to extend time to file an election petition was struck out for lack of standing under the Parliamentary Elections Act.
Electoral law – Election petition – Locus standi – Extension of time – Section 60(2) Parliamentary Elections Act – Striking out for lack of locus.
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22 December 2016 |
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An appeal court holds an ex-parte judgment should be set aside due to counsel's negligence, ordering a trial inter partes.
Civil Procedure - ex-parte judgment - setting aside - counsel's negligence - binding precedent
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1 December 2016 |
| October 2016 |
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A temporary injunction to halt a public sewerage project was denied due to greater public interest and adequate remedies in damages.
Temporary injunction – prerequisites for grant – prima facie case – irreparable injury – balance of convenience – public interest in infrastructure projects – environmental and public health considerations.
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31 October 2016 |
| September 2016 |
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A civilian's challenge to trial by military court under the UPDF Act must be addressed by the Constitutional Court, not the High Court.
Criminal law – Military justice – Jurisdiction of General Court Martial – Whether GCM may try civilians under the UPDF Act – Constitutionality of military courts – Separation of powers – Judicial independence – Jurisdiction of High Court versus Constitutional Court.
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16 September 2016 |
| August 2016 |
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Both the appeal and cross-appeal against a taxation decision were struck out as procedurally incompetent for lack of essential documents and lateness.
Civil procedure – Taxation of costs – Appeals from decisions of taxing officers – Procedural requirements – Necessity of proper record and bill of costs – Limitation period for appeals – Incompetent appeals and cross-appeals dismissed for non-compliance.
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24 August 2016 |
| July 2016 |
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Donation of an ambulance during campaign period by the winning candidate constituted an illegal electoral practice warranting a by-election.
Election petition – electoral law – parliamentary elections – bribery – donation of ambulance during campaign period – proof of illegal practices – reliefs for proven illegal practice – threshold for setting aside election result – election law compliance and evidentiary standards – role of charitable donations and inducement during elections.
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18 July 2016 |
| June 2016 |
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Court held affidavits in rejoinder need not be by initial deponents, but struck out non-compliant illiterates’ affidavits as inadmissible.
Election petitions – Affidavits in rejoinder – Illiterates Protection Act – Admissibility of affidavits – Mandatory statutory compliance – Original signatures – Preliminary objections.
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22 June 2016 |
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A Member of Parliament’s election was annulled due to lack of proper verification of academic qualifications required for nomination.
Election law – qualifications of candidates – requirement of authentic and valid academic qualifications for nomination – due diligence in verification of academic papers for electoral candidacy – electoral commission reliance on certificates of equivalence – effect of non-compliance with statutory verification process – burden of proving authenticity of academic qualifications – electoral malpractices not established without cogent evidence.
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10 June 2016 |
| May 2016 |
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A continuing failure to communicate a retirement decision and withdraw benefits amounts to constructive discharge, entitling remedies via judicial review.
Administrative law – judicial review – time bar – continuing administrative wrongs – constructive discharge – military service – fair administrative action – failure to communicate decision – remedies and damages – Uganda People's Defence Forces Act – constitutional rights – damages for unlawful deprivation of employment and benefits.
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28 May 2016 |
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A sports regulatory body acted illegally in suspending and replacing an elected official without a fair hearing or proper authority.
Administrative law – Judicial review – Natural justice – Right to fair hearing – Sports associations – Powers of regulatory bodies – Illegality and procedural impropriety in suspension and disbandment of elected officials.
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20 May 2016 |
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Application for leave to defend dismissed where no triable issues or credible defense to repayment of funds were raised.
Civil procedure – summary judgment – leave to defend – validity and enforceability of memorandum of understanding – consideration – raising of triable issues as defense.
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20 May 2016 |
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Appellant failed to prove title; court found abandonment, upheld lower court, and dismissed the appeal with costs.
Land law – ownership of public land – burden of proof under Evidence Act ss.10 & 110 – abandonment and revival of possession – sufficiency of survey and lease application evidence – possession versus title.
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10 May 2016 |
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Trial court erred by relying on untested pleadings; the respondent liable for false imprisonment and damages awarded.
* Property law – licence versus transfer – temporary grant for cattle dip does not pass proprietary title; revocation on abandonment and re-entry by owner. * Evidence – pleadings and annexures unsupported by viva voce evidence are insufficient; need for cross-examination. * Tort – false imprisonment – subordinate local officials acting as agent of local government create liability; onus on defendant to justify detention. * Remedies – award of general damages and costs.
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4 May 2016 |
| April 2016 |
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Court revised and set aside an irregular blanket recount conducted despite unsealed/tampered ballot boxes; original returning officer results reinstated.
Election law – Recount under PEA secs. 55–56 – Jurisdiction and revision – High Court’s supervisory powers (CPA s.83(c), Art.139) – Invalidity of recount where ballot boxes unsealed/tampered – Blanket/unfocussed recounts and lack of specific numerical complaints – Reinstatement of returning officer’s results.
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25 April 2016 |
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Registered Powers of Attorney upheld; forgery allegations unproven, plaintiff awarded declarations, injunctions, specific performance and costs.
* Property law – validity of Powers of Attorney – effect of registration and certification by Registrar of Documents as evidence of authenticity.
* Evidence – probative value of registered documents and office witnesses versus absence of original document and uncorroborated allegations of forgery.
* Fraud/forgery allegations in land transactions – burden of proof and requirement for independent corroboration.
* Remedies – declarations of title, injunctions and specific performance where authority to sell is established.
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8 April 2016 |
| March 2016 |
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A subsequent suit challenging market sublease was barred as res judicata due to an earlier conclusive consent judgment.
Civil procedure – res judicata – prior consent judgment – representative suits – requirement for representative order – market lease dispute – no cause of action where issues previously determined.
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31 March 2016 |
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The appeal succeeded as the High Court found deficiencies in the original judgment's reliance on evidence and procedure.
Land law – customary land ownership – evaluation of evidence – hearsay evidence – certificate of ownership – balance of probabilities.
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23 March 2016 |
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The court upheld the respondents' possession of land, rejecting the appellant's trespass claim based on insufficient proof.
Land law – Trespass – Burden of proof in trespass cases – Error in issue framing by trial magistrate – Boundary dispute determination
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14 March 2016 |
| February 2016 |
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Appeal dismissed: trial court properly found appellant failed to prove illegal takeover of land; no miscarriage of justice found.
Civil procedure – appeal from magistrate’s court – re‑evaluation of evidence on appeal – insufficiency of proof on balance of probabilities in land/kibanja claim – alleged misdirection on admissibility/weight of oral evidence to vary written documents – dismissal with costs.
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9 February 2016 |
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Application to set aside dismissal for non-appearance dismissed due to lack of sufficient cause and proper notice of hearing.
Civil procedure – application to set aside dismissal for non-appearance – sufficiency of reasons for non-attendance – effect of proper notice of hearing date.
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9 February 2016 |
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Court orders minority shareholder's shares bought back and withheld profits paid due to unfair exclusion from management.
Company Law – minority shareholder rights – member's exclusion from management – remedies for unfair prejudice.
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9 February 2016 |
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Appellate court upholds trial court’s ruling confirming respondent’s title and dismissing the appellant’s boundary and procedure-related claims.
Land law – Evidence – Competing claims over land donated by common donor – Evaluation of witness credibility and documentary authenticity – Standard of proof in civil trespass and boundary disputes – Appellate review of trial court’s findings.
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5 February 2016 |
| January 2016 |
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28 January 2016 |
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The NRM primary elections in Kyegegwa were nullified due to procedural irregularities and unlawful reversal of an unopposed candidate's status.
Electoral law – NRM primary elections – irregularities – disenfranchisement – reversal of unopposed candidate's status without procedural compliance – election results nullified.
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12 January 2016 |