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Citation
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Judgment date
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| November 2024 |
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Whether delay in obtaining the trial record and COVID‑19 lockdowns amount to sufficient cause to allow an appeal out of time.
Civil procedure — extension of time — leave to appeal out of time — sufficient cause — delay in provision of certified trial record — COVID‑19 lockdowns as impediment — defective/premature memorandum of appeal struck out — costs: each party to bear own.
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11 November 2024 |
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8 November 2024 |
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A non-party must prove legal grievance and sufficient nexus to seek review of a consent judgment allegedly affecting their land rights.
Civil procedure – review and setting aside of consent judgment – locus standi of non-party – requirements for establishing legal grievance – effect of parallel proceedings on consent orders – sufficiency of evidence to set aside consent judgment for fraud or collusion.
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8 November 2024 |
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8 November 2024 |
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8 November 2024 |
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8 November 2024 |
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Appellate court found appellant lawful owner after re-evaluation, set aside trial judgment, ordered eviction and costs.
Land law – Boundary and title disputes – Possession versus proof of title – Validity of testamentary document under Succession Act s.50 – Re-evaluation of evidence on appeal – Remedies: declaration of ownership, injunction, vacant possession and eviction – Costs.
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7 November 2024 |
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7 November 2024 |
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Claim to recover land dismissed as time-barred; amendment Rules did not apply retroactively.
* Civil Procedure – commencement of statutory instrument – where no commencement date specified, commencement is date of Gazette publication (Interpretation Act s.17).
* Civil Procedure – summons for directions under CPR (Amendment) Rules 2019 – not applicable to suits filed before Rules’ commencement.
* Limitation – recovery of land – s.5 Limitation Act: 12-year bar applies; causes of action pleaded as arising in 1999 render 2019 suit time-barred.
* Limitation exceptions – allegations of fraud must be specifically pleaded with circumstances to displace limitation (Limitation Act s.25).
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7 November 2024 |
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A court may deny costs to a successful party to promote reconciliation given parties’ historical relationship and conduct.
Civil procedure — Costs — Discretion under section 27(1) Civil Procedure Act — Costs generally follow the event but may be denied for good cause — Promotion of reconciliation and pre-existing party relationship as legitimate factor in denying costs.
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7 November 2024 |
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Appeal allowed: appellant proved ownership; claim timely; respondent declared trespasser and ordered evicted with damages.
* Land law – ownership dispute – evidence evaluation and burden on balance of probabilities.
* Limitation – cause of action accrual – pleadings determine when time begins to run under the Limitation Act.
* Succession evidence – requirements for a valid will (signature, witnesses, chain of custody) and evidential weight.
* Remedies – declaration of title, vacant possession, eviction, permanent injunction, general damages and costs.
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7 November 2024 |
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Undue delay and lack of satisfactory explanation justified refusal to amend pleadings or re-open the case.
* Civil procedure – amendment of pleadings – Order 6 r 19 CPR – amendments allowed freely but subject to considerations: prejudice, undue delay, mala fides and fundamental change to the suit. * Re-opening of case – discretionary – fresh evidence considered only where relevance, explanation for lateness, compatibility with pleadings and absence of prejudice established. * Locus in quo and post‑hearing applications – late applications to fill gaps revealed at trial may be denied as mala fide and prejudicial.
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7 November 2024 |
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Grant revoked as inoperative due to deaths and insanity of co‑administrators; new grant and two‑year extension issued to surviving administrators.
Succession law – revocation of letters of administration – grant useless or inoperative where co-administrators die or become mentally incapable; re‑grant to surviving fit and proper administrators; extension of administration period.
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6 November 2024 |
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4 November 2024 |
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4 November 2024 |
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4 November 2024 |
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4 November 2024 |
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4 November 2024 |
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4 November 2024 |
| October 2024 |
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31 October 2024 |
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31 October 2024 |
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31 October 2024 |
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The court found the plaintiff’s action barred by res judicata and granted title cancellation, an injunction and vacant possession.
* Civil procedure – Res judicata – claim and issue preclusion – where matter directly and substantially in issue in former suit between same parties or their privies, subsequent suit barred (s.7 CPA). * Consequential orders – court may grant orders (title cancellation, injunction, vacant possession) to give effect to prior judgment and avoid multiplicity of suits (s.33 Judicature Act). * Reliefs requiring fresh evidence (damages, mesne profits) cannot be granted on preliminary objection alone.
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31 October 2024 |
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Leave to appeal refused where applicant previously accepted jurisdiction and later raised dilatory jurisdictional objections.
Leave to appeal – criteria for grant: prospect of success or compelling reason; Magistrates’ Court jurisdiction – territorial jurisdiction and supervisory powers of Chief Magistrate to reallocate matters; Abuse of process/dilatory conduct – subsequent jurisdictional objections after accepting jurisdiction; Finality of litigation (interest rei publicae ut sit finis litium).
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31 October 2024 |
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31 October 2024 |
Traditional and cultural leadership – customary law – electoral procedures – declaration of vacancy – de-gazettement – injunction
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31 October 2024 |
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31 October 2024 |
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Applicant granted leave to file appeal out of time due to procedural errors and lack of prejudice to respondent.
Civil procedure – Extension of time to file appeal – Sufficient cause test: length and reason for delay; arguability of appeal; prejudice to respondent – Procedural defects and counsel’s/representation errors may justify extension – Possession alone may not constitute irremediable prejudice.
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30 October 2024 |
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Court corrected a clerical omission of the deceased’s name on a grant under the slip rule.
Civil Procedure Act, s.99 (slip rule) – Correction of clerical errors – Omitted name on grant of letters of administration – Application by letter sufficient – Slip rule limited to evident, non-substantive errors.
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30 October 2024 |
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Applicant mother granted guardianship to mortgage her minor child's jointly held land for a family agricultural loan in the child's best interests.
Children law – Guardianship in respect of proprietary rights; Parens patriae; minors' contractual incapacity; best interests principle; mortgage of jointly registered family land.
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30 October 2024 |
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Vesting order under s.151 RTA requires proof of purchase, proprietor's death and direct transaction with registered proprietor.
Registration of Titles Act s.151 – vesting orders – requirements: registered land, full payment, possession and acquiescence, inability to obtain transfer due to vendor's death or absence; Civil procedure – suit against a dead person is a nullity; Evidence – need for proof of purchase agreement and death certificate before invoking section 151; Proper claimant – administrator/estate of intermediate purchaser where applicant did not transact with registered proprietor.
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30 October 2024 |
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Appellant confirmed owner: occupants of market stalls were licensees who could not pass land title; damages awards were improper and set aside.
Land law – ownership disputes – distinction between tenant/licensee (stall occupier) and proprietor; proof of title; damages – requirement to plead and prove special damages; limits of Magistrate Grade One pecuniary jurisdiction; appellate re-evaluation of credibility and evidence.
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30 October 2024 |
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Whether absence of a pre‑taxation meeting nullifies taxation and whether an awarded instruction fee was excessive.
* Advocates (Remuneration and Taxation of Costs) Regulations (SI No.7 of 2018) – Regulation 13A – pre‑taxation meeting requirement and its effect on validity of taxation. * Taxation procedure – purposive interpretation of mandatory provisions; consequences of non‑compliance. * Taxing officer’s powers – to proceed ex parte where a party defaults or frustrates pre‑taxation. * Assessment of instruction fees – minimums prescribed, judicial discretion, reduction of excessive fee.
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30 October 2024 |
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Failure to commence required proceedings within six months causes both caveat and petition for letters of administration to lapse.
Succession law – Succession Amendment Act 2022 s.255A – caveat and petition to lapse where required proceedings not commenced within six months – petitioner must sue to remove caveat; caveator must commence suit to prove objections; lapse and striking out as consequence.
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30 October 2024 |
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Review inappropriate where alleged error requires re‑evaluation of evidence; appeal is the proper remedy.
Civil procedure – Review – "Mistake or error apparent on the face of the record" must be self‑evident and not require re‑evaluation of evidence; review is not a substitute for appeal; limitation – date when cause of action arose (execution date) determinative for time bar.
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30 October 2024 |
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Advocate’s negligent failure to notice a counterclaim amounted to sufficient cause to allow a late reply.
Civil procedure – Counterclaim – Reply to counterclaim – Requirement to file within 15 days – Leave to file out of time – Sufficient cause – Advocate’s negligent mistake accepted as sufficient cause – Interests of justice where main suit and counterclaim concern same subject matter.
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30 October 2024 |
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A suit dismissed for non-appearance can be reinstated where bona fide mistake by counsel constitutes sufficient cause.
Civil procedure – Order 9 Rule 17 & 18 – reinstatement of dismissed suit; sufficient cause defined as excusable inability to take a required step; mistake/negligence of counsel can constitute sufficient cause if bona fide; court discretion to grant reinstatement but may refuse costs where litigant’s fault contributed.
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30 October 2024 |
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Disagreement over computation of filing time is an appeal matter; no error apparent on the record — review dismissed with costs.
* Civil procedure – Review – Order 46(1) CPR – grounds limited to new evidence, mistake apparent on face of record or other sufficient reason – error must be manifest and self-evident.
* Civil procedure – Computation of time – Order 36 CPR – disagreement with court’s computation is generally an appeal matter, not review.
* Procedure – Abuse of process – repeated or inappropriate applications where appeal is the proper remedy – costs awarded.
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30 October 2024 |
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Court stayed execution pending appeal, set aside irregular possession, and ordered UGX 2,000,000 security for costs.
* Civil procedure – Stay of execution – Order 43 rule 4(3): lodgment of appeal, substantial loss, no unreasonable delay, security for due performance.
* Appeal prospects – prima-facie case/likelihood of success on ownership issues.
* Execution – irregular/extra-judicial possession by RDC/local leaders set aside.
* Security for costs – appropriate lesser security where bill of costs untaxed.
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30 October 2024 |
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Similarity of facts with a civil suit does not automatically justify staying criminal proceedings; concurrent trials permitted.
Criminal procedure – Stay of criminal proceedings – Similarity of facts with pending civil suit not alone a ground for stay; criminal and civil cases may proceed concurrently; stay only in exceptional circumstances affecting fair hearing; DPP's public interest mandate.
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30 October 2024 |
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29 October 2024 |
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29 October 2024 |
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28 October 2024 |
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28 October 2024 |
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28 October 2024 |
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28 October 2024 |
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28 October 2024 |
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28 October 2024 |
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28 October 2024 |
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Review of costs order failed because the applicant did not produce the impugned documents or prove a legal grievance.
* Civil procedure – Review of judgment – Section 82 Civil Procedure Act and Order 46 Rule 1 CPR – grounds for review (error apparent on face of record; discovery of new evidence).
* Evidence – Duty to prove legal grievance – Section 101 Evidence Act; requirement to exhibit documents in affidavits (Order 52 Rule 3 CPR).
* Costs – Challenge to taxation and notice to show cause – necessity of placing taxed bill and notice on record.
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25 October 2024 |