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Citation
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Judgment date
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| January 2023 |
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31 January 2023 |
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A customary heir without letters of administration cannot sue to recover intestate land for trespass.
Succession law – requirement of letters of administration (s.191 Succession Act) before rights to intestate property may be established in court; Civil procedure – plaint must disclose cause of action and plaintiff must be in actual or constructive possession to sue in trespass; Locus standi – customary heir without letters lacks capacity to sue for recovery of intestate land unless possessing independent proprietary rights.
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31 January 2023 |
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The appellants failed to prove title; the respondent declared owner and ordered to cease nuisance and pay damages.
Land law – ownership dispute – application of parol evidence rule to written sale agreements; burden of proof in civil title disputes; private nuisance (sewage) – entitlement to damages; appeal – re-evaluation of evidence and correction of trial judgment.
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27 January 2023 |
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27 January 2023 |
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25 January 2023 |
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24 January 2023 |
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A caveat affords temporary protection only; an application for a permanent caveat is untenable and was dismissed.
Land law – Caveat – Nature of a caveat as a notice/statutory/interlocutory injunction; caveat provides temporary protection only; permanent caveat not available; caveator must institute ordinary action without undue delay.
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23 January 2023 |
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A caveat provides temporary, interlocutory protection; a permanent caveat is not an appropriate remedy.
Caveat – nature and effect – caveat is a notice/statutory interlocutory injunction giving temporary protection; caveator must bring ordinary action without undue delay; Permanent caveat – unavailable as a remedy; Procedure – improper reliance on Order 36(3) for a permanent caveat application.
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23 January 2023 |
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Court exercised inherent jurisdiction to set aside dismissal under Order 17 r.6(1) and reinstated the land suit.
Civil Procedure – dismissal under Order 17 r.6(1) – inherent jurisdiction to reinstate; sufficient cause – mediation and COVID‑19 disruption; res judicata where prior application withdrawn; preference for adjudication on merits; costs in the cause.
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23 January 2023 |
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Stay pending appeal dismissed as premature where decree-holder had taken no steps to execute the decree.
Civil procedure – Stay of execution pending appeal – Order 43 r.4 – appeal does not automatically stay execution – applicant must show notice of appeal, risk of substantial loss, no unreasonable delay, security for due performance – applicant must also show visible steps by decree-holder to execute (extraction of decree, bill of costs) – premature application where no execution steps taken – dismissed with costs.
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23 January 2023 |
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Applicant granted extension to file defence where delay excused by reliance on counsel and administrative processes.
Civil procedure – Extension of time – Order 51 r.6 & s.98 Civil Procedure Act – "sufficient cause" – reliance on counsel and administrative processes – mistake of counsel not always visited on client – triable issue whether interdiction lifted before suit.
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23 January 2023 |
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Court granted interlocutory injunction restraining administrators from dealing with estate pending trial.
• Civil procedure – interlocutory injunctions: requirements of prima facie case, irreparable injury, and balance of convenience; • Effect of letters of administration on interim relief; • Preservation of subject matter/status quo pending substantive determination; • Appellate review of registrar's rulings under Order 50 Rule 8.
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23 January 2023 |
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23 January 2023 |
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Applicant granted leave to defend due to bona fide triable disputes over a blank cheque and disputed repayments.
Civil procedure – Order 36 leave to defend – Requirement to show bona fide triable issue of fact or law – Dispute over loan amount, payments and a blank signed cheque – Procedural directions for filing written statement of defence and reply.
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23 January 2023 |
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Plaintiff’s false title/logbook representation held fraudulent; defendant still owes balance but recovers damages.
Contract law – sale of goods; Evidence Act ss.91–92 (parol evidence rule and exceptions) – admissibility of antecedent/condition‑precedent oral agreement; Misrepresentation and fraud – seller’s false representation of title/logbook; Indemnity for third‑party claims; Assessment and reconciliation of payments; Damages for fraudulent misrepresentation.
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23 January 2023 |
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23 January 2023 |
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Petitioner failed to prove substantial non-compliance; election upheld and petition dismissed with costs.
Election law – burden and standard of proof – petitioner must prove non-compliance and substantial effect on result (high degree of probability). Affidavit evidence – recanting witnesses and Rule 19 issues – recanting affidavits rejected as not credible where contradictory and uncorroborated. Evidence requirements – importance of original voters’ registers, appointment of agents, and contemporaneous complaints when alleging polling irregularities. Presence of security and minor disturbances – lawful police intervention does not automatically vitiate an election. Remedies – where non-compliance not shown to be substantial, election will not be nullified.
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20 January 2023 |
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20 January 2023 |
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20 January 2023 |
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19 January 2023 |
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19 January 2023 |
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18 January 2023 |
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Court ordered a UGX 100,000,000 bank guarantee instead of attaching UNRA’s performance guarantees.
Civil Procedure – Attachment before judgment – Order 40 Rules 1–2 – security for appearance/execution; Power of attorney – scope and revocation; Demand/performance guarantees – independent undertakings for beneficiary (UNRA) and third-party rights; Requirement to specify property/value and proportionality of security to claimed relief; Burden of evidence to show intention to defeat execution.
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17 January 2023 |
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Court stayed execution of costs pending appeal to preserve the subject matter and avoid rendering the appeal nugatory.
Civil procedure — Stay of execution pending appeal — preservation of subject matter to prevent appeal being rendered nugatory. Service of process — failure to serve notice within prescribed time — court may overlook in interests of justice. Conditions for stay — substantial loss, no unreasonable delay, security, likelihood of success, balance of hardship. Inherent powers of court to maintain status quo and avoid multiplicity of proceedings.
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17 January 2023 |
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17 January 2023 |
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The applicant’s review was dismissed for failing to show new evidence or an error apparent; title cancelled due to illegality.
Civil procedure — Review of judgment — Order 46 CPR; grounds for review: new evidence, error apparent, other sufficient reason — Conflict of interest by presiding magistrate — Nullity of consent judgment, execution and subsequent title obtained through irregular proceedings.
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17 January 2023 |
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Caveator must show cause and prosecute their claimed interest; unprosecuted caveat was ordered removed.
Registration of Titles Act (ss.139, 140(1)) – Caveats – Purpose as temporary protection and notice – Obligation of caveator to prosecute interest and show cause – Removal of stale or unprosecuted caveats.
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17 January 2023 |
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17 January 2023 |
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16 January 2023 |
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16 January 2023 |
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11 January 2023 |
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Appellate court upheld exclusion of extrinsic evidence to a written sale and affirmed respondent’s status as bona‑fide occupant; appeal dismissed.
Land — ownership dispute — parol evidence rule — Sections 91–92 Evidence Act — written sale (DE1) restricts subject matter to approximately 10 acres; extrinsic evidence excluded absent pleaded exception. Land — bona‑fide occupant — Article 237(8) Constitution and s.29(2)(a) Land Act — continuous occupation since 1978 qualifies. Evidence — vendor without title cannot pass title; failure to plead acquisition of extra acreage fatal to claim. Civil procedure — parties bound by pleadings; rule against departure from pleadings.
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11 January 2023 |
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An appellate court set aside dismissal under Order 17 rule 4 as disproportionate where witness statements were filed and parties ready.
Civil procedure – Order 17 rule 4 CPR – Court’s discretion to proceed where a party fails to produce evidence – Must be exercised to protect substantive justice; proportionality and right of access to courts; curable procedural non-compliance; remittal for hearing on merits.
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11 January 2023 |
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Court granted leave to amend and substitute defendants to join proper parties and avoid multiplicity of suits.
Civil procedure – Amendment of pleadings (Order 6 Rule 19) – Joinder and substitution of parties (Order 1 Rules 3,5,7 and Rule 10(2)) – Avoidance of multiplicity of proceedings – Considerations of prejudice, mala fides and limitation.
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10 January 2023 |
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Dismissal for non-appearance was unjustified where defendants were not all present; suit reinstated without costs.
Civil procedure – Order 9 r.22 CPR – dismissal for non-appearance; reinstatement of dismissed suits; costs – conditioning reinstatement on payment of taxed costs; land disputes – preference for adjournment where fairness requires.
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10 January 2023 |
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Dismissal for non-appearance set aside where medical evidence showed sickness constituted sufficient cause; case reinstated, costs each party.
Civil procedure – Order 9 rr.22–23 – Setting aside dismissal for non-appearance – "sufficient cause" – sickness and counsel absence as grounds – reinstatement and costs order.
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10 January 2023 |
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Fraud pleaded postpones limitation; letters of administration do not automatically lapse after six months, appeal allowed.
Limitation Act – section 25 (fraud/mistake) postpones commencement of limitation until discovery; Succession law – letters of administration do not automatically lapse after six months (six‑month rule relates to inventory filing); preliminary objection on limitation improperly upheld where fraud pleaded.
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10 January 2023 |
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Leave granted to join licensor as third party where a licence contains express indemnity for third-party claims.
Civil Procedure – Third party notice – Order 1 r.14 CPR – Requirements for joinder: same subject matter, same original cause of action, claim for indemnity or contribution. Contract – Licence – express indemnity and warranty of title – effect in third party joinder in pending trespass action. Joinder – prejudice to plaintiffs and interest of justice – court’s discretion to add licensor as defendant.
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9 January 2023 |
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6 January 2023 |
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6 January 2023 |
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6 January 2023 |
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4 January 2023 |
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3 January 2023 |
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High Court granted vesting order under Section 167 RTA where purchaser proved payment, possession and inability to locate vendor.
Land law – Vesting orders under Section 167 Registration of Titles Act – requirements: registered land, payment of purchase price, possession, acquiescence and vendor cannot be found. Procedure – Registrar of Titles as first instance; refusal by Registrar permits High Court application. Evidence – locus visit, registry and URSB searches, sale agreement, LC confirmation. Relief – vesting order granted; applicant to pay vesting fees/stamp duty; registrar not ordered to pay costs.
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1 January 2023 |