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Citation
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Judgment date
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| March 2023 |
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Court granted conditional stay of execution pending appeal, requiring Ushs 30,000,000 security to preserve the appeal.
Civil procedure – Stay of execution pending appeal – Order 43 rule 4 – requirements: substantial loss, promptness, security for due performance; preservation of appeal – security as condition to prevent nugatory appeal; Article 126(2)(e) – substantive justice over technicalities.
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31 March 2023 |
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31 March 2023 |
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Handwriting expert evidence established a forged will, leading to invalidation, intestacy and an injunction on enforcement.
Testamentary law – validity of wills – forgery – handwriting expert evidence corroborating anomalies; will declared void; intestacy; injunction against enforcement; Originating Summons inappropriate where oral evidence required; letters of administration ordered; no damages awarded; no costs.
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31 March 2023 |
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31 March 2023 |
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31 March 2023 |
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Temporary municipal allocation created a license extinguished on departure; respondent's customary ownership and possession upheld.
Customary land – ownership and effect of temporary municipal allocations; Licensee versus bona fide occupant under land law; Requirement of letters of administration to sue on deceased’s alleged estate rights; First appeal – reappraisal of evidence.
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31 March 2023 |
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31 March 2023 |
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31 March 2023 |
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30 March 2023 |
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30 March 2023 |
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27 March 2023 |
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24 March 2023 |
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24 March 2023 |
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22 March 2023 |
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22 March 2023 |
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21 March 2023 |
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Appeal against refusal of temporary injunction dismissed: irreparable harm not proved and balance of convenience favored respondent.
* Civil procedure – Temporary injunction – Purpose to preserve status quo – Requirement to establish status quo on locus in quo.
* Interim relief – Conditions for injunction: prima facie case, irreparable injury, balance of convenience.
* Evidence – Proceedings on affidavit and role of locus in quo visit.
* Weight of undisputed sale agreement and payment of consideration in balancing convenience.
* Appellate review – Caution in disturbing trial factual findings but power to re-evaluate where appropriate.
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21 March 2023 |
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Fraudulent transfers vitiate title; court ordered cancellation, reinstatement of plaintiff's title, injunctions, damages and costs.
Property law – Registration of titles – Fraud vitiating transfer; forensic evidence of forged documents; instantaneous transfers as indicia of collusion; purchaser’s duty to inquire when land is in occupation; cancellation and substitution of certificate of title under Registration of Titles Act; damages and injunctions for fraudulent registration.
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20 March 2023 |
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Respondent vicariously liable for its driver's negligence causing the applicant's injuries; damages awarded, punitive damages denied.
Negligence – duty of care and breach by driver; Causation – injuries caused by negligent driving; Vicarious liability – employer liable for employee's torts committed in course of employment; Damages – proof and assessment of special, general and compensatory damages; Punitive damages – declined where vicarious liability and partial payment exist.
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20 March 2023 |
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17 March 2023 |
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17 March 2023 |
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17 March 2023 |
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17 March 2023 |
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16 March 2023 |
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15 March 2023 |
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14 March 2023 |
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Court revoked defendants’ letters of administration for concealing a proved will and ordered distribution according to the will.
Succession law – probate and letters of administration – validity of prior grant of probate until set aside – revocation of letters of administration for concealment of a will under S.234 Succession Act – failure to challenge probate – costs and remedies.
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11 March 2023 |
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9 March 2023 |
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9 March 2023 |
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Appellate court held encroachment beyond a purchased half-acre was continuing trespass and not wholly time-barred; appeal allowed.
Land law – Trespass – continuing tort; Limitation Act – application to recovery of land of a deceased person; Evidence – parties bound by pleadings; Locus in quo – evaluation of boundary evidence; Procedural fairness – reliance on submissions not on record and perceived bias.
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9 March 2023 |
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7 March 2023 |
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7 March 2023 |
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3 March 2023 |
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3 March 2023 |
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3 March 2023 |
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2 March 2023 |
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2 March 2023 |