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Citation
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Judgment date
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| November 2023 |
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Court set aside dismissal for want of prosecution despite absent medical proof, finding director's authority presumed and interests of justice prevailed.
* Civil procedure – reinstatement under Order 9 r.23 – "sufficient cause" to set aside dismissal for want of prosecution; illness as sufficient cause requires evidence.
* Company law – authority to sue – whether a board resolution is mandatory; directors presumed to have authority and may depose affidavits under Order 29 r.1.
* Discretion – court may set aside dismissal in interests of justice despite lack of evidential proof if no prejudice or inordinate delay.
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13 November 2023 |
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Administrator’s death rendered prior letters inoperative; court revoked earlier grant and confirmed the applicants’ grant.
Succession law – Revocation of letters of administration – Section 234 Succession Act – Grant rendered inoperative by administrator’s death – Letters abate on death and cannot be inherited – Validity of subsequent grant of administration.
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13 November 2023 |
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Consequential orders must be sought against the same parties as the original judgment; non-parties cannot be ordered to pay costs.
Civil procedure – Consequential orders; requirements for consequential orders: (i) existing final judgment; (ii) same parties bound by that judgment; (iii) orders sought directly connected to judgment; (iv) application to the court that made the judgment; application against non-parties is improper.
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13 November 2023 |
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Judicial review of a salary reduction dismissed as premature for failure to exhaust Public Service grievance remedies.
* Judicial review – time limit – three months runs from date decision taken/communicated.
* Judicial review – amenability – requirement to exhaust alternative administrative remedies under Rule 7A and Public Service Standing Orders.
* Public service – salary determination – competence of Permanent Secretary and circulars; courts reluctant to substitute administrative salary decisions.
* Exceptions to exhaustion (fundamental rights, failure of natural justice, lack of jurisdiction) are available but not shown to apply.
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13 November 2023 |
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Valid will survives family resolution; testamentary trust terminated but administrators’ grant not revoked; accounts and distribution ordered.
Succession law – validity and effect of a will vs family resolution; testamentary trust termination by beneficiaries; administrators’ duty to exhibit inventory and account within six months; willfulness standard for annulment of grant; material accuracy of inventory; equitable modification/termination of testamentary trust.
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13 November 2023 |
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Whether the respondent is a spouse entitled to an intestate share and the child's paternity should be determined by DNA.
Succession law – intestate succession – spouse definition – church marriage – entitlement to intestate share; Section 30 Succession Act – separation and disqualification – temporal/permanent separation; Proof of paternity – DNA testing to determine beneficiary status; Burden of proof – balance of probabilities.
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13 November 2023 |
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13 November 2023 |
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Plaintiffs failed to prove the land was part of the intestate estate; claims for cancellation and damages dismissed.
Succession law – Whether property forms part of an intestate estate; requirement that letters' petition list estate properties; burden of proof on claimant; failure to prove ownership defeats claims for cancellation of title and related remedies.
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13 November 2023 |
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The court held taxation rules applicable are those in force when the costs order was made, not when the bill was filed.
Civil procedure — Taxation of costs — Temporal application of taxation rules — Liability to pay costs accrues on date of costs order — Regulations in force when order made govern taxation; amendment regulations not retrospective.
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10 November 2023 |
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Written sale agreement held conclusive; respondent failed to prove mortgage, appellant entitled to repayment or vacant possession.
Land law – Sale v mortgage – written sale agreement as primary evidence – onus to prove mortgage – parol evidence and S.91 Evidence Act – illiteracy defence – failure to produce bank records – remedies: refund with interest or delivery of vacant possession.
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10 November 2023 |
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10 November 2023 |
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10 November 2023 |
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9 November 2023 |
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9 November 2023 |
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8 November 2023 |
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8 November 2023 |
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8 November 2023 |
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7 November 2023 |
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6 November 2023 |
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An application for letters of administration arising from an already-dismissed administration cause was found incompetent and dismissed.
* Succession law – Letters of administration – Competence of application arising from a dismissed administration cause. * Succession Act (cap 162) – Contentious applications must be prosecuted as regular civil suits under Civil Procedure Rules. * Civil procedure – Service and affidavit of service – absence renders application procedurally defective. * Evidence/documents – Failure to attach referenced will and to provide English translations of documents undermines application.
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6 November 2023 |
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Application for letters of administration dismissed for procedural defects and arising from an already dismissed administration cause.
Succession law – Letters of administration – Requirement to follow Succession Act (ss.255, 265) procedure – Contentious matters to proceed as regular suits – Application arising from an already dismissed administration cause – Failure to prove service – Missing will and translations.
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6 November 2023 |
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6 November 2023 |
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6 November 2023 |
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Failure to pay prior adequate compensation for compulsorily acquired land violated the plaintiff's constitutional right; district valuer's valuation awarded.
* Constitutional law – property rights – compulsory acquisition – prior payment of fair and adequate compensation (Article 26(2)).
* Eminent domain/land law – valuation – acceptance of District Valuer’s market valuation where unchallenged.
* Civil procedure – failure to file witness statements/evidence; ex parte proof and consequence.
* Evidence – burden of proof on party alleging facts; alleged adverse claim must be proved to defeat compensation.
* Remedies – compensation, general damages, costs and statutory interest.
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3 November 2023 |
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3 November 2023 |
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Appeal dismissed: Registrar’s locus visit cured defect; evasive defence rejected; omnibus damages award set aside and UGX 20,000,000 substituted.
Land law – trespass and declaration of ownership; procedure – locus in quo: Registrar’s visit can cure trial defect; pleadings – O.6 r.10 CPR: evasive denials and O.6 r.7 CPR: departures from pleadings inadmissible; damages – unpleaded profits cannot be awarded; general damages may be awarded if evidence was led.
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3 November 2023 |
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Appellate court upheld respondent's title, cured locus defect, and substituted vague general damages with UGX 5,400,000.
Land law – title by purchase – credibility of documentary evidence; Civil procedure – locus in quo inspection by Registrar to cure procedural defect; Appellate review – duty to re-evaluate evidence but not to disturb trial court absent misdirection; Appeals – general/unspecific grounds offending O.43 rr.1–2 CPR; Damages – vagueness in general damages awards and substitution with specific sum to facilitate execution.
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3 November 2023 |
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The applicant failed to prove adverse possession; the respondent's registered title was upheld and the appeal dismissed.
Land law – ownership dispute between kibanja (customary/unregistered) and registered title; Adverse possession – continuous exclusive possession required; Certificate of title – conclusive absent pleaded fraud; Limitation – trespass as continuing tort; Locus in quo – appellate visit can cure trial omissions.
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3 November 2023 |
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3 November 2023 |
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2 November 2023 |
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1 November 2023 |
| October 2023 |
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31 October 2023 |
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31 October 2023 |
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31 October 2023 |
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31 October 2023 |
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31 October 2023 |
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31 October 2023 |
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31 October 2023 |
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30 October 2023 |
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30 October 2023 |
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First appellate court upholds compensation and general damages but sets aside unpleaded special damages.
Civil appeal — limitation — computation of appeal time when certified record not shown to have been availed; pleading effect — parties bound by written pleadings; vicarious liability — employer liable for employee’s impoundment of livestock resulting in loss; evidence — unreliable witness and weight of expert (veterinary) market-value evidence; damages — necessity to plead and strictly prove special damages; general damages at court’s discretion.
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30 October 2023 |
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Court granted temporary injunction restraining administrator from dealing with estate pending main suit, overruling affidavit-authority objection.
* Civil procedure – preliminary objection – affidavit by one applicant for many – deponent’s personal knowledge suffices; written authority not required.
* Civil procedure – interlocutory relief – Order 41 r.1(a) – temporary injunction: prima facie case, irreparable injury, balance of convenience.
* Succession law – letters of administration – allegations of fraud, failure to file inventory and unlawful disposition of estate property may justify preservation orders.
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27 October 2023 |
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Application to dismiss appeal for non-payment of security dismissed after respondents proved deposit; withdrawal allowed with no costs.
Civil procedure – Withdrawal/discontinuance of proceedings – Order 25 r.1(1)-(3) and r.7 – leave to withdraw by court’s discretion – requirement of chamber summons – mootness where payment of court-ordered security is proved – proof of payment (receipts, EFT) suffices to defeat dismissal for non-payment.
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27 October 2023 |
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Leave granted to amend plaint to add estate distribution relief; amendment not a new cause of action and causes no prejudice.
Civil procedure – Amendment of pleadings under Order 6 r19 and Section 98 – Whether an amendment introducing a relief for distribution of an estate constitutes a new cause of action; prejudice to the other party; avoiding multiplicity of proceedings.
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27 October 2023 |
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Revocation application dismissed because applicants failed to prove a co‑administrator's death and meet Section 234 requirements.
Succession law – Revocation of letters of administration – Section 234(2)(d) (inoperative or useless grant) – Burden of proof under Evidence Act s.101 – Requirement to prove death of co‑administrator – Mis‑pleading not fatal where court may consider correct provision in interests of justice.
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27 October 2023 |
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Consent judgment in a representative suit was set aside for failure to comply with mandatory representative‑suit procedures.
* Civil Procedure – Representative actions – Order 1 rule 8 – mandatory requirements (written authorizations, list of persons, notice/advertisement, court verification) – non‑compliance renders suit irregular/incompetent.
* Consent judgments – vitiation where procured by illegality, ignorance of material facts, fraud or collusion.
* Execution – party seeking to rely on execution must prove proper and complete execution; incomplete compensation documents may not establish execution.
* Remedies – setting aside consent judgment, injunction against eviction, costs awarded.
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27 October 2023 |
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Ex parte judgment set aside because corporate defendant was not properly served; receptionist was not an authorised agent.
Civil procedure — setting aside ex parte judgment — O.9 r 27 CPR; service on corporations — O.29 r 2 and O.5 r 1 CPR — service must be on company secretary, director or principal officer; receptionist or unnamed recipient at reception not necessarily authorised agent; defective return of service invalidates ex parte decree.
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27 October 2023 |
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Appeal allowed: land is communal clan property; trial court erred and eviction/injunction set aside.
* Land law – customary/clan land – determination of individual versus communal ownership; burden of proof under the Evidence Act. * Civil procedure – locus in quo – admissibility of evidence and Practice Direction No.1 of 2007; witnesses at locus must testify in open court and be subject to oath and cross-examination. * Evidence – improperly admitted locus evidence may be disregarded where sufficient independent evidence supports the result. * Remedies – eviction, injunction and demolition orders require proven title and proper procedure.
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27 October 2023 |
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Beneficiaries may be joined to litigation affecting an estate to protect their interests despite an existing administrator.
Civil procedure – Joinder of parties (Order 1 r.13) – Beneficiaries' locus standi to sue or be joined in proceedings affecting an estate despite existence of administrator – Avoidance of multiplicity of suits – Discretionary addition of parties.
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27 October 2023 |
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26 October 2023 |