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Citation
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Judgment date
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| June 2024 |
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28 June 2024 |
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28 June 2024 |
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28 June 2024 |
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28 June 2024 |
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28 June 2024 |
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The applicant failed to prove ownership; the respondent’s title allocation stood and the suit was dismissed with costs.
Land law – proof of ownership and possession; indefeasibility of title and exceptions for actual fraud; allocation and lease procedures by District Land Board and central agencies; trespass — elements and proof; burden and standard of proof in civil land disputes.
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28 June 2024 |
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28 June 2024 |
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28 June 2024 |
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Whether judicial review challenging DPP’s sanctioned charges is time-barred and whether respondents’ affidavits were validly commissioned.
Judicial review — timing — grounds arise when DPP sanctions charges; disclosure is procedural, not the triggering act; affidavits invalid where commissioned by commissioner lacking practising certificate.
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28 June 2024 |
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Appellant failed to prove a gift or exclusive possession; respondents held beneficial interest and appeal dismissed with costs.
Land law – gift inter vivos: elements of intent, delivery and acceptance; pleadings and departure from pleaded case; beneficial ownership and estate property; possession and trespass – trespass requires lack of permission or exclusive possession.
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28 June 2024 |
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28 June 2024 |
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Court allowed set-off of cross-taxed costs, set aside execution, ordered vehicle release and refund.
* Civil procedure – Set-off of cross decrees – Order 22 Rule 15 – conditions: cross decrees, reciprocal creditor/debtor positions, concurrent executability, definite sums.
* Execution – attachment of property – setting aside execution where set-off established and funds held in court.
* Res judicata – scope: Registrar’s execution ruling did not decide set-off; res judicata inapplicable.
* Jurisdiction – High Court may hear formal set-off application despite procedural lapses; substantive justice to prevail.
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28 June 2024 |
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28 June 2024 |
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28 June 2024 |
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A chief magistrate’s conditional forfeiture order lacked legal basis; trial court correctly found respondent owner based on boundary evidence.
Land law — boundary disputes — customary tenure — admissibility and sufficiency of parol and physical boundary evidence (trees, anthill) — supervisory powers of Chief Magistrate in revision — limits on conditional forfeiture orders — weight of locus in quo inspection and sketch map — challenges to survey/lease inclusions.
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28 June 2024 |
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A beneficiary may sue to protect estate interests and challenge alleged unlawful distribution despite claims of letters of administration.
* Succession law – locus to sue – beneficiaries’ right to sue to protect estate interests and challenge unlawful alienation of estate property.
* Succession Act s.264 – effect of letters of administration – does not automatically bar beneficiaries from suing; validity and effect are matters of evidence.
* Civil procedure – claims against administrators – administrators may be sued for mismanagement or fraudulent disposition of estate assets.
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28 June 2024 |
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27 June 2024 |
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27 June 2024 |
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27 June 2024 |
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27 June 2024 |
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27 June 2024 |
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27 June 2024 |
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26 June 2024 |
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26 June 2024 |
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26 June 2024 |
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26 June 2024 |
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26 June 2024 |
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26 June 2024 |
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25 June 2024 |
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25 June 2024 |
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25 June 2024 |
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25 June 2024 |
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25 June 2024 |
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25 June 2024 |
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25 June 2024 |
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25 June 2024 |
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25 June 2024 |
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25 June 2024 |
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25 June 2024 |
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24 June 2024 |
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21 June 2024 |
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Applicant permitted to amend plaint to correct land size and introduce survey report; amendment not prejudicial or mala fide.
Civil Procedure – Amendment of pleadings – Court’s discretion to allow amendment before hearing – Introduction of surveyor’s report – Avoidance of multiplicity of proceedings – Abuse of process and prejudice – Costs to abide outcome of main suit.
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21 June 2024 |
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Alleged late filing of an appeal is not an error apparent on the face of the record and does not justify review.
Civil Procedure — Review (O.46 CPR, s.82 CPA) — "error apparent on the face of the record" — timeliness of appeal not an apparent error — s.79 CPA time limits and exclusion of time — discovery of new evidence — requirement of due diligence — finality of litigation.
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21 June 2024 |
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Appellant established title where the respondent failed to produce primary evidence of ownership; lower court decision set aside.
Land law – ownership dispute – burden of proof on plaintiff to prove title on balance of probabilities; Evidence Act – primary evidence required for documents; Appellate review – re-evaluation of evidence where trial court considered evidence in isolation; Local Council findings – not admissible if not tendered as exhibits; Trespass – cannot be established without proving claimant’s title.
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21 June 2024 |
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Taxing officer's award partially set aside; duplicate and unsupported items deducted, instruction fee upheld and bill allowed at Ugx 17,025,000.
* Taxation of costs – appellate review of taxing officer’s discretion – interference only for error of principle or manifestly excessive/low amounts. * Advocates (Remuneration & Taxation of Costs) Regulations – allowable items, duplicates, repetitions and necessity of supporting documentation. * Instruction fees – Regulation 9 application where value of subject matter not indicated.
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21 June 2024 |
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21 June 2024 |
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21 June 2024 |
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21 June 2024 |
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Appellate court upholds finding that respondent’s title prevailed and appellants trespassed; forged deed fatal to appellants' claim.
Land law – ownership and inheritance – whether disputed land forms part of deceased’s estate; trespass – occupation versus limited allotment (50ft x100ft); evidentiary assessment – forged document (D. Exh.1) and burden of proof; admissibility – res gestae versus hearsay; appellate re-evaluation of trial credibility and locus findings.
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21 June 2024 |
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Respondent vicariously liable for soldier's torture; declaration made and damages awarded to the applicant.
Human rights enforcement – freedom from torture and cruel, inhuman or degrading treatment; vicarious liability of the State for actions of security personnel; awards of general and exemplary damages for human rights violations.
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21 June 2024 |