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Citation
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Judgment date
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| December 2023 |
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1 December 2023 |
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1 December 2023 |
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1 December 2023 |
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1 December 2023 |
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Applicant charged with aggravated defilement denied bail for lack of exceptional circumstances and inadequate sureties.
Criminal procedure – Bail – Aggravated defilement – Exceptional circumstances required under Trial on Indictments Act and Bail Guidelines – Judicial discretion to grant bail absent exceptional circumstances – Sufficiency and substantiality of sureties – Flight risk.
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1 December 2023 |
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1 December 2023 |
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1 December 2023 |
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1 December 2023 |
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1 December 2023 |
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1 December 2023 |
| November 2023 |
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Eviction granted to enforce execution after respondent failed to comply with conditional UGX 45,000,000 stay requirement.
Execution of decrees – conditional stay of execution – non-compliance with deposit condition – execution triggered; abuse of process by filing subsequent appeals after execution commenced; eviction to facilitate execution; court’s discretion under Section 98 Civil Procedure Act and modes of execution under Section 38.
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30 November 2023 |
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Liability for crop damage upheld but quantum reduced because the valuation report was not tendered as evidence.
Civil procedure – Evidence – Documents marked for identification only – such documents are not admissible evidence until formally produced and exhibited. Special damages – must be specifically pleaded and proved; valuation reports must be tendered and proved. Appeal – appellate interference with damages permitted where trial court acted on irrelevant or inadmissible material. Tort – trespass/damage by cattle – liability established on balance of probabilities.
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30 November 2023 |
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A review application is incompetent where the same party has already lodged a pending appeal against the judgment.
Civil procedure – Review of judgment – Section 82 CPA and Order 46 Rules – Competence of review where appellant has filed notice of appeal – Review survives only if filed before appeal or where non-applicant raises matters not covered by appeal – Strike out for want of jurisdiction.
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30 November 2023 |
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Judicial review application dismissed as time-barred for failing to seek leave or plead exceptions within three months.
Judicial review — Limitation period under Section 36(7) Judicature Act and Rule 5(1) Judicial Review Rules — Applications must be made within three months unless court extends time — Failure to plead exceptions or seek leave renders application time-barred.
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30 November 2023 |
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Plaintiff failed to prove ownership of untitled land; trespass claim dismissed and land declared belonging to the 1st defendant.
Land law – unregistered land – purchaser’s heightened duty to prove vendor’s title – need for vendor testimony to establish chain of title. Possession and trespass – claimant must prove actual or constructive possession to sustain trespass claim. Evidence – balance of probabilities; absence of pre-1993 acquisition evidence undermines ownership claim. Communal/public land – historic communal use (dip tank) relevant to ownership and possession findings. Remedies – dismissal of claim, declaration of defendant’s ownership and permanent injunction; costs ordered each party to bear their own costs.
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30 November 2023 |
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A false averment in an affidavit can be severed and a dismissed suit reinstated if sufficient cause is shown.
Civil procedure – reinstatement of suit dismissed under Order 5 – discretion to reinstate and factors constituting sufficient cause. Affidavits – false averments severable; defective parts may be struck out while leaving curative remainder. Courts to adopt liberal approach to curable defects in affidavits to promote substantive justice.
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30 November 2023 |
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Court quantified and enforced university-fee arrears and academic requirements as consequential orders, declining unproven school-fee claims.
Civil procedure – consequential orders – definition, purpose and test for grant. Family law – enforcement of parental maintenance orders – quantification of university tuition, academic requirements and arrears. Evidence – sufficiency of supporting documents and proof of payments in enforcement applications. Enforcement – payment within fixed time and execution on default.
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30 November 2023 |
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Applicant with asserted proprietary interest in disputed land is added as defendant; amended plaint ordered to be filed.
Joinder of parties; amendment of pleadings; land disputes; Order 1 and Order 6 CPR; section 33 Judicature Act; criteria for joinder to avoid multiplicity of suits; refusal to entertain abandoned attachment prayer.
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30 November 2023 |
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The plaintiffs' representative action was struck out for failing to obtain mandatory court leave under Order 1 rule 8.
Civil procedure – Representative suit – Order 1 r.8 CPR – mandatory leave to sue on behalf of others – failure to obtain leave renders suit incompetent and incurable. Civil procedure – Pleading requirements – necessity to disclose steps taken and to identify persons represented; notice/publication requirements. Points of law – may be raised at any stage of proceedings.
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30 November 2023 |
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The applicant in possession was entitled to a temporary injunction pending trial; the assistant registrar erred by delving into merits.
Civil procedure – appeal from assistant registrar under Order 50 r.8; interlocutory injunction – prima facie case, irreparable harm, balance of convenience; possession v. forest reserve – triable issue; impermissible reliance on unpleaded facts; stay of land registration pending determination.
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30 November 2023 |
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Applicants’ challenge to cancellation of titles dismissed; High Court reviews but upholds Commissioner’s cancellation; no contempt established.
Land law – Cancellation of certificates of title – Judicial review v appellate jurisdiction; natural justice and service requirements under Section 91 and RTA; conversion to freehold and priority of existing leaseholders; contempt of court – requirement of subsisting order and knowledge.
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30 November 2023 |
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Court overruled defendant’s preliminary objections, finding pleadings timely, sufficiently particularised and disclosing a cause of action, with costs to plaintiff.
Civil procedure – service of written statement of defence – failure to serve within 15 days; Limitation Act – time when cause of action arises; Defamation – requirement to plead words and particulars; Cause of action – sufficiency of pleadings to disclose arguable claim.
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30 November 2023 |
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29 November 2023 |
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Plaintiff failed to prove title or fraud; suit dismissed and prior default judgment set aside.
Civil procedure – default judgment – O.9 r.6 CPR applicable to liquidated demands; inappropriate default judgment set aside and replaced by O.9 r.10 order.* Evidence – burden and standard of proof – fraud allegations require strict proof and primary documentary evidence.* Land law – title dispute – necessity to prove chain of title and locus standi to challenge estate administration.
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29 November 2023 |
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24 November 2023 |
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24 November 2023 |
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22 November 2023 |
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Court ordered consolidation of related suits arising from the same transaction to prevent conflicting decisions.
Civil Procedure – consolidation of suits – related questions of law and fact – avoidance of conflicting decisions – court's discretion under Order 11 Rule 1 of the Civil Procedure Rules.
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22 November 2023 |
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Substituted service upheld; delay and lack of plausible defence warranted refusal to set aside ex parte judgment.
Civil procedure – Setting aside ex parte judgment – Validity and effect of substituted service (Order 5 r.18 CPR) – Requirement to show sufficient cause and plausible defence – Delay in bringing application – Court’s inherent jurisdiction (s.98 CPA).
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22 November 2023 |
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22 November 2023 |
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22 November 2023 |
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22 November 2023 |
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21 November 2023 |
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20 November 2023 |
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20 November 2023 |
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20 November 2023 |
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Court ordered consolidation of three land suits to avoid multiplicity and potentially conflicting orders.
Civil procedure — Consolidation of suits under Order 11 CPR — Similar questions of law or fact — Land disputes — Avoidance of multiplicity of proceedings — Stay of separate hearings — Costs to abide outcome.
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20 November 2023 |
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A restoration order to protect a wetland on registered land can be lawfully issued and enforced against the applicant.
Environment law – Wetland protection; public trust doctrine; National Environment Act (ss.36,67–70) – power to inspect, issue and enforce restoration orders without prior hearing; land title subject to environmental regulation; enforcement entry powers.
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19 November 2023 |
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Court granted presumption of death after statutory conditions (absence, police report, public notice, jurisdiction) were satisfied.
Presumption of death – statutory conditions under Section 47 Registration of Persons Act – absence for seven years – police report – public advertisement – jurisdiction – enabling Letters of Administration.
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18 November 2023 |
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17 November 2023 |
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17 November 2023 |
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Defendant breached subcontracts by failing to pay for approved works; plaintiff awarded damages, interest and costs.
Contract law – breach of subcontract – failure to pay for approved works. Evidence – party asserting materials supplied or payments advanced must prove them; documents not properly tendered are inadmissible. Civil procedure – effect of partial consent settlement as binding and entitling party to decree. Remedies – assessment of special and general damages, interest and costs.
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17 November 2023 |
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Appeal allowed: trial court wrongly relied on an unproved will; appellant’s sale agreements established lawful possession.
Land dispute – ownership and trespass – admissibility and proof of wills and letters of administration (Evidence Act s.67; Succession Act s.188) – evidential burden to prove encroachment – sale agreements as proof of lawful purchase – appeal timeliness where record requested.
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17 November 2023 |
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Temporary injunctions must preserve the status quo; an order evicting the possessor and altering rights prematurely was set aside and modified.
Civil procedure – temporary injunction – purpose to preserve status quo – injunction ordering eviction and permitting non-possessor to use land amounts to altering status quo and prematurely determining rights – appeal lies as of right under relevant rules – appellate re-appraisal of evidence.
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17 November 2023 |
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Pecuniary jurisdiction of a Grade One magistrate is fixed at filing; pleaded special damages and declaratory relief sustain jurisdiction.
Civil procedure — Magistrate Grade One pecuniary jurisdiction — determined at filing; special damages and declaratory relief sustain jurisdiction (s.207 MCA). Valuation reports — ordinarily for assessment of court fees at commencement (s.205(3)); mid-hearing valuations may unjustifiably stall proceedings. Transfer of related proceedings — to avoid conflicting findings between courts.
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16 November 2023 |
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Alleged fraud and disputed title in a caveat-removal application require a full trial; caveats maintained pending litigation.
Land law – caveats – application to remove caveat – whether allegations of fraud and disputed title can be decided on motion or require a regular suit Civil procedure – preliminary objection – abuse of process – pending related proceedings Fraud – serious allegations requiring formal pleadings and trial Relief – caveats to be maintained pending resolution of substantive proceedings
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14 November 2023 |
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14 November 2023 |
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14 November 2023 |
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14 November 2023 |
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Originating summons for mortgage possession dismissed due to material disputes of fact and procedural irregularity.
Mortgage law – remedies by originating summons –where material disputes of fact exist, originating summons under Order 37 is inappropriate and court may decline to decide under Order 37 r7. Civil procedure – Order 37 r8(2) – initial ex parte directions for originating summons; failure to seek directions is irregular but may not be fatal. Mortgage transactions – disputes over identity of mortgagor/guarantor, conflicting loan documents, dates and valuations defeat summary relief for possession.
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14 November 2023 |