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Citation
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Judgment date
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| September 2024 |
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Applicant entitled to the certificate of title after paying the loan; vesting order refused for being unpleaded.
Land law – equitable title and transfer forms; mortgage discharge and release; liquidator/agent duty to perform discharged mortgage obligations; non-registration of transfer inconsequential to equitable interest; vesting orders must be pleaded.
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30 September 2024 |
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30 September 2024 |
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30 September 2024 |
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30 September 2024 |
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Application to strike defences and obtain judgment on admission dismissed for lack of clear, unequivocal admissions.
Civil procedure — Order 6 rules 8 & 10 — specific v. general or evasive denials; Order 13 rule 6 — judgment on admission requires clear, unambiguous admissions; striking out pleadings reserved for incurably defective denials; pleadings that place opponent to proof should be tried.
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30 September 2024 |
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30 September 2024 |
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30 September 2024 |
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30 September 2024 |
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30 September 2024 |
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30 September 2024 |
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Administrator/registered proprietor proved trespass by utility; court awarded UGX 50,000,000, costs and 6% interest.
Land law – Trespass to land: requirement of legal interest/possession and unauthorized entry by public utility. Civil procedure – Res judicata: withdrawal by consent does not bar subsequent suit; burden to prove prior final determination. Constitutional law – Protection against deprivation of property without prompt and fair compensation. Remedies – Compensation for loss of use, award of general damages, interest and costs.
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30 September 2024 |
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30 September 2024 |
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30 September 2024 |
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30 September 2024 |
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30 September 2024 |
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30 September 2024 |
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27 September 2024 |
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27 September 2024 |
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Applicants failed to prove statutory conditions for a vesting order; application dismissed with costs.
Land — Vesting order under Registration of Titles Act s167 — Conditions: registered land, full payment, actual possession, vendor acquiescence, vendor deceased or untraceable — Proof of actual possession and acquiescence required — Failure to prove administrator untraceable — Application dismissed with costs.
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26 September 2024 |
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A defendant who fails to file a defence and is defaulted lacks the statutory right to appeal; appeal dismissed with costs.
Civil procedure – Appeal competence – Defaulting defendant – Failure to file written statement of defence – Submission to jurisdiction (Order 9 r.3(6)) – Right of appeal (S.67(1) CPA) – Recourse for ex parte/default judgments (Order 9 r.12) – Abuse of process.
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26 September 2024 |
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26 September 2024 |
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Appeal dismissed: res judicata inapplicable and appellant failed to prove bona fide occupancy or rebut ownership evidence.
Land law – ownership and trespass; doctrine of res judicata – distinct causes of action by date; bona fide occupant and Busulu payments – evidentiary requirement; first appellate court duty to re-evaluate evidence; Local Council judgments and subsequent civil proceedings.
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26 September 2024 |
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25 September 2024 |
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25 September 2024 |
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Strike-out application failed: prior judicial review did not bar substantive land, fraud and title claims; suit not time-barred.
Civil procedure – striking out pleadings – res judicata – prior judicial review does not bar substantive claim on ownership and fraud; Limitation Act s.25 – postponement where fraud discovered; Pleading standards – plaint and annexures must disclose cause of action; Frivolous/vexatious suits – arguable legal basis prevents strike-out; Capacity to sue – administrators evidenced by letters of administration, triable question.
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25 September 2024 |
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25 September 2024 |
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25 September 2024 |
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Fraudulent land transfer justified awards of general and punitive damages, interest and costs against transferees and the land registry.
Land registration – fraudulent transfer – forged documents and false identifications – entitlement to general and exemplary damages. Remedies – assessment of general damages for loss of use, inconvenience and emotional distress. Public/registry duty – breach of fiduciary/statutory duties by land registry under Registration of Titles Act – liability for punitive damages. Costs and interest – costs follow event; interest at court rate from date of transfer until payment.
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25 September 2024 |
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25 September 2024 |
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25 September 2024 |
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24 September 2024 |
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24 September 2024 |
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23 September 2024 |
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Circumstantial blood evidence without forensic linkage failed to prove participation; accused also unlawfully remanded as a child.
Criminal law – Murder: ingredients of murder (death, unlawfulness, malice aforethought, participation) – requirement to prove all elements beyond reasonable doubt. Evidence – Circumstantial evidence and forensic proof: absence of forensic testing undermines reliance on alleged blood on accused’s clothes. Child justice – Police Form 24 and Children Act: presumption and protection of child suspects; unlawful remand with adult prisoners violates Article 34(6). Procedure – Duty of prosecution/magistrates to produce and consider Police Form 24 when charging/remanding suspects.
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23 September 2024 |
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Ministerial confinement cannot substitute for a judicial fitness-to-stand-trial determination; accused found not guilty by reason of insanity and remitted to hospital.
Mental health — Fitness to plead — Ministerial warrant of confinement — Judicial determination required — Psychiatric examination under Mental Health Act — Not guilty by reason of insanity under Trial on Indictments Act — Transfer to appropriate mental health facility.
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23 September 2024 |
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20 September 2024 |
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20 September 2024 |
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20 September 2024 |
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20 September 2024 |
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20 September 2024 |
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20 September 2024 |
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20 September 2024 |
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19 September 2024 |
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19 September 2024 |
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16 September 2024 |
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16 September 2024 |
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IGG’s advisory to PSC without a fair hearing violated the applicant’s right to fair hearing and economic rights.
Human Rights Enforcement Act — jurisdiction to enforce constitutional rights without exhausting alternative remedies; Right to fair hearing (Article 28) — requirement of tribunal record and opportunity to be heard; Economic rights (Article 40) — denial of appointment as deprivation of lawful occupation; Inspectorate of Government — improper advisory influence on Public Service Commission; Remedies — declarations, compensatory damages, interest and costs.
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16 September 2024 |
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16 September 2024 |
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13 September 2024 |
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13 September 2024 |