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Citation
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Judgment date
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| October 2024 |
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3 October 2024 |
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3 October 2024 |
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3 October 2024 |
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Plaintiff's equitable interest and estoppel invalidated reallocations; titles cancelled, fresh lease and aggravated damages ordered.
Land law – equitable interest, estoppel and legitimate expectation from conduct; Lease expiry, renewal and public lease policy; Cancellation of registered titles where registration procured to defeat an unregistered interest; Requirement of hearing and natural justice in reallocations; Unjust enrichment – no benefit where defendant did not obtain possession.
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3 October 2024 |
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3 October 2024 |
Land Acquisition – EACOP Project – Compensation Deposit – Public Use – Vacant Possession – Refusal to Accept Compensation – Property Rights – Estate Administration – Legal Compliance – Eviction Orders.
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1 October 2024 |
Land acquisition – EACOP Project – compensation deposit – public use – vacant possession – refusal to accept compensation – property rights – estates – compliance – eviction
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1 October 2024 |
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1 October 2024 |
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1 October 2024 |
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1 October 2024 |
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1 October 2024 |
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1 October 2024 |
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1 October 2024 |
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1 October 2024 |
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1 October 2024 |
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Substituted service was valid; attachment before judgment was properly maintained, but the applicant may file a defence out of time.
* Civil Procedure — Attachment before judgment (Order 40 r.5–6 CPR) — requirement to show good cause or furnish security to set aside attachment.
* Civil Procedure — Service of process — substituted service by publication — effectiveness where defendant has no known address and has evaded personal service.
* Civil Procedure — Extension of time to file defence — discretionary relief in interest of substantive justice (Order 8 r.1(2); Order 51 r.6).
* Pleading — citation of wrong statute does not automatically invalidate proceedings absent prejudice.
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1 October 2024 |
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Accused found presently unfit to stand trial; court ordered transfer to a national psychiatric hospital for treatment and statutory follow-up.
* Criminal procedure – fitness to stand trial – accused must be of sound mind to plead and participate in trial; presumption of innocence.
* Mental health – psychiatric examination and determination – s.54 Mental Health Act; referral to facility for treatment.
* Statutory regime – s.11 Penal Code (insanity), ss.47–48 Trial on Indictments Act, s.69 Mental Health Act – procedures for discharge and certification to resume trial.
* Transfer for treatment – court authority to order detention for treatment under Article 23(1)(f) of the Constitution.
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1 October 2024 |
| 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 |