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Citation
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Judgment date
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| September 2025 |
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An appeal lodged beyond the statutory 30-day period without an extension is incompetent and was struck out with costs.
* Civil procedure – Appeals – Time limits – Section 79 CPR – 30-day appeal period from magistrates' court judgment.
* Computation of time – Order 51 Rule 4 (Civil Procedure Rules S.I.71-1) – exclusion of 24 December to 15 January for time reckoning.
* Competence – Appeal filed out of time without extension is incompetent and liable to be struck out.
* Extension of time – Absent application or reasons, court will not exercise discretion to extend statutory period.
* Authorities – Ssekazi Godfrey v Kyeyune David; Re-Application of Mustapha Ramathan.
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4 September 2025 |
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An appeal filed beyond the statutory 30-day limit without an extension is incompetent and is struck out with costs.
Civil procedure – Appeals – Time limits under section 79 Civil Procedure Act – Appeals filed beyond 30 days without an extension are incompetent and liable to be struck out; statutes of limitation strict and inflexible.
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4 September 2025 |
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An appeal filed beyond section 79’s 30‑day limit without an extension is incompetent and is struck out with costs.
Civil procedure – Appeals – Time limit for lodging appeals under section 79 Civil Procedure Act – Appeal filed out of time – No application for extension of time – Incompetence of out‑of‑time appeal – Statutes of limitation strict and mandatory.
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4 September 2025 |
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Appeal dismissed for want of prosecution after failure to comply with court directions; no costs ordered.
Civil procedure – dismissal for want of prosecution – failure to comply with court directions – section 98 Civil Procedure Act, Cap. 282 – Order 43 Rule 31 Civil Procedure Rules S.I. 71-1 – no order as to costs.
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4 September 2025 |
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Originating summons was inappropriate to resolve contentious estate disputes; applicant lacked locus and review was dismissed with costs.
* Civil procedure – originating summons v. contentious proceedings – where factual disputes and beneficiary status are in issue, originating summons is inappropriate.* Res judicata – consent judgment and earlier orders may bar re-litigation and render fresh proceedings an abuse of process.* Locus standi – revoked letters of administration preclude former administrator suing in her personal capacity regarding estate administration.* Review v. appeal – review requires error apparent on face of record; appellate remedy preferred for dissatisfaction.* Succession Act s.337 – temporal validity of grants issued before 31 May 2022 and mechanism for extension.
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3 September 2025 |
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The applicant’s extension of time to appeal was denied for insufficient cause; respondent’s late affidavit was admitted.
Civil procedure – Extension of time to appeal – "Sufficient cause" requirement – factors: reason for delay, bona fides, negligence or dilatory conduct – Notice of appeal vs. memorandum of appeal – Procedure – Validation of affidavit in reply filed out of time where no prejudice would result.
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3 September 2025 |
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Default judgment denied for liquidated debt because service was not shown to be effective; plaintiff ordered to re-serve.
Civil procedure – Default judgment – Order 9 rule 6 – Liquidated demand – Requirement of effective service – Service on corporation and director (Order 29 rule 2; Companies Act) – Alternative and substituted service.
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3 September 2025 |
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A purchase of customary land does not by itself change tenure; magistrates have unlimited jurisdiction to hear trespass claims under customary law.
Revision — Civil Procedure Act s.83 — High Court power to call for records where magistrate exercised jurisdiction not vested or failed to exercise vested jurisdiction; Magistrates’ civil jurisdiction — Magistrates Court Act s.206(2) — unlimited jurisdiction where matter governed solely by civil customary law; Land tenure — Land Act s.3 and s.9 — customary tenure remains until formal conversion; Misnomer — Order 1 Rule 10 CPR — correction of wrong name; Computation of time — Order 51 Rule 4 CPR — Christmas vacation exclusion; Trespass — declaration and possessory remedy not necessarily monetary.
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3 September 2025 |
| August 2025 |
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Failure to file a memorandum of appeal within 30 days renders the High Court appeal incompetent; notice alone is insufficient.
* Civil procedure – Appeal from Magistrate to High Court – Memorandum of appeal mandatory under Order 43 r.1(1) and s.79(1)(a) CPA; Notice of Appeal insufficient; late filing without leave incompetent; striking pleadings and costs.
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26 August 2025 |
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An appeal filed beyond the 30‑day statutory period without an extension is incompetent and is struck out with costs.
Civil procedure – Appeals – Limitation under Section 79(1) Civil Procedure Act – Appeal filed out of time without court order – Appeal incompetent and struck out – Preliminary objection on point of law to be determined before merits.
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26 August 2025 |
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The appellant’s failure to comply with filing directions and to prosecute the appeal resulted in dismissal for want of prosecution.
Civil procedure – Appeal – Dismissal for want of prosecution – Failure to comply with court directions – Order 43 Rule 31 CPR and section 98 Civil Procedure Act – Late filing of Record of Appeal and absence of written submissions.
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26 August 2025 |
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The appeal was dismissed for want of prosecution after the appellant failed to file the record and submissions.
* Civil procedure – dismissal for want of prosecution – Order 43 Rule 31, Civil Procedure Rules (S.I. 71-1)
* Failure to comply with court directions – filing record of appeal and written submissions
* Procedural default – failure to prosecute appeal precluding consideration of merits
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26 August 2025 |
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The court granted an extension of time to reply to a counterclaim due to advocate negligence, with costs against the applicant’s lawyers.
Civil procedure – Extension of time – Sufficient cause – Advocate’s negligence – Whether delay due to counsel's error can constitute just cause – Interests of justice.
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15 August 2025 |
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Appeal dismissed as incompetent for failure to timely file a memorandum of appeal to the High Court.
Civil procedure – appeals to the High Court – requirements for timely filing of memorandum of appeal – effect of filing notice of appeal only – procedural incompetency for late or improper appeal commencement.
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14 August 2025 |
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An appeal was dismissed as incompetent for being filed out of time and without the required memorandum of appeal.
Civil Procedure – appeals – time limitation for filing appeal – whether notice of appeal commences appeal to High Court – memorandum of appeal required – late filing without leave – incompetence of appeal – dismissal for procedural defect.
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14 August 2025 |
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Applicant failed to show an arbitrable dispute, irreparable harm or commencement of arbitration; injunction refused and costs awarded to respondent.
Arbitration – interim measures – interlocutory injunction pending arbitration; debt settlement agreements – retention and sale of assets on default; estoppel against challenging clear contractual enforcement; requirement to commence arbitration to invoke section 6 relief.
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14 August 2025 |
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A registrar properly entered default judgment after the applicant failed to defend, and attempts to set aside the decision were unsuccessful.
Civil Procedure – Default judgment – Jurisdiction of Registrar – Service of summons – Uncontested claim – Proper procedure for setting aside default judgment.
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14 August 2025 |
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A law firm cannot recover legal costs for proceedings in which it did not render representation or services for the party.
Legal practice and procedure – costs – entitlement to file a bill of costs – requirement of representation in litigation – effect of change of advocates – prohibition against claiming costs for work not performed – unjust enrichment.
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14 August 2025 |
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Court granted leave to appeal out of time where self-represented applicant showed sufficient cause for failing to appeal promptly.
Civil Procedure – Extension of time – Leave to appeal out of time – Sufficient cause – Ignorance of law and self-representation – Requirements for instituting appeals from magistrates’ courts – Discretion of court to allow late appeals.
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14 August 2025 |
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Court dismissed application for extension of time to appeal, finding the applicant's conduct amounted to abuse of process.
Civil Procedure – application for extension of time – appeal dismissed for want of prosecution – abuse of process – unprofessional conduct by counsel – proper remedy where appeal dismissed for want of prosecution.
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14 August 2025 |
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An appeal was dismissed for want of prosecution and for being filed out of time without leave of court.
Civil procedure – appeals – failure to prosecute appeal – effect of delay and absence – filing of memorandum of appeal out of time without leave – appeal dismissed for want of prosecution and incompetence.
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12 August 2025 |
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An appeal filed out of time without leave and commenced incorrectly is incompetent and must be dismissed.
Civil procedure – appeals – time limits for filing appeals to the High Court – necessity of lodging Memorandum of Appeal within statutory time limit – effect of filing Notice of Appeal instead – appeal filed out of time without leave – appeal rendered incompetent and dismissed.
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12 August 2025 |
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The Defendant was found liable for breach of a loan agreement and ordered to pay principal, interest, damages, and costs.
Contract law – breach of loan agreement – evidence – ex parte proceedings – remedies – award of interest and general damages – proof of conversion and damages – costs.
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12 August 2025 |
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Failure to serve a hearing notice and improper use of interlocutory judgment provisions violate a defendant's right to a fair hearing.
Civil Procedure – Setting Aside Default Judgment – Requirements of Service and Fair Hearing – Interlocutory Judgment applicability – Improper reliance on affidavit of service – Right to be heard – Order 9 Rule 10 CPR – Magistrate's conflict of interest as Commissioner for Oaths.
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5 August 2025 |
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A court order closing a winding-up case was prematurely made before determining ownership of company properties, requiring the case to be reopened.
Civil Procedure – review of court order – consent judgment – premature closure of case file – unresolved issue of company property ownership – winding up of company – proper judicial determination of outstanding disputes.
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5 August 2025 |
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Court granted conditional leave to defend a summary suit, entering judgment for an admitted sum and directing further trial on disputed sums.
Civil procedure – summary judgment – application for leave to appear and defend – bona fide triable issues – admissions – judgment on admission – Order 36 rule 4 and Order 13 rule 6 of the Civil Procedure Rules (Uganda).
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5 August 2025 |
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The court granted leave to amend an application for letters of administration to correct the applicant's name in all documents.
Civil procedure – Amendment of pleadings – Correction of party name in application for letters of administration – Court's discretionary power to allow amendments to address real issues in controversy – Criteria for granting leave to amend.
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5 August 2025 |
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Conditional stay of execution granted pending leave to appeal, subject to provision of security through a bank guarantee.
Civil procedure – stay of execution – application pending leave to appeal – substantial loss – requirement to provide security – balance of convenience – imminent threat of execution – discretion of the court.
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5 August 2025 |
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An application for judicial review was dismissed as time-barred where it was filed outside the statutory three-month period.
Judicial review – application – limitation period – filing out of time – mandatory statutory timelines – preliminary objections – effect of time-bar under section 36(7) of the Judicature Act and Rule 5(1) of the Judicial Review Rules – discretion to extend time requires formal application and exceptional grounds.
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4 August 2025 |
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Applicant’s unsupported allegations failed to raise triable issues, and summary judgment was granted against the guarantor for loan arrears.
Civil Procedure – Summary Judgment – Leave to appear and defend – Guarantor liability – Bona fide triable issues – Burden of proof – Contracts Act – Allegations of fraud and misrepresentation.
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1 August 2025 |
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Summary dismissal and mismanagement in a community-based organization warrant dissolution, appointment of a receiver, and damages for unfair dismissal.
Community-based organization – dismissal of members – employment relationship – summary dismissal without fair hearing – statutory compliance and mismanagement – dissolution of non-governmental organization – non-entitlement to shares upon dissolution – appointment of receiver for asset disposal – general damages for unlawful dismissal.
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1 August 2025 |
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Where fraud is pleaded and discovered recently, time-bar does not apply until discovery of the fraud, not initial registration.
Civil procedure – preliminary objection – limitation of actions – Section 5 and Section 25 of Limitation Act – fraud – when limitation period begins – adequacy of fraud pleading in plaint – when suit is time-barred.
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1 August 2025 |
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An appeal filed out of time without leave of court is incompetent and must be dismissed without considering its merits.
Civil procedure – Appeals – Limitation period – Whether appeal filed out of time without leave is competent – Requirement for timely filing of memorandum of appeal from magistrate’s court – Notice of appeal does not initiate appeal – Appeal dismissed for want of competence.
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1 August 2025 |
| July 2025 |
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The court upheld the respondent's customary ownership and dismissed the appellant's appeal on land ownership and trespass.
Land law – customary ownership – evaluation of evidence – locus in quo – limitation – trespass – award of damages – appeal.
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30 July 2025 |
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Court dismissed an application for leave to appeal out of time due to a defective supporting affidavit from an illiterate applicant.
Civil procedure – preliminary objections – affidavit by illiterate person – Illiterates Protection Act – defective certificate of translation – order dismissing application for leave to appeal out of time – discretion as to costs where defect due to advocate.
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28 July 2025 |
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Court appointed the applicant as legal representative to prosecute a suit on behalf of a mentally incapacitated plaintiff.
Civil Procedure – Appointment of legal representative – Mental incapacity – Leave to prosecute suit on behalf of mentally incapacitated litigant – Medical evidence of mental disorder – Court’s powers under the Civil Procedure Act and Judicature Act.
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25 July 2025 |
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An application to revoke and regrant letters of administration was time-barred due to statutory expiry, extension required instead.
Succession law – letters of administration – statutory validity period – expiry of grant – extension of grant under Succession Act – proper procedure after grant expiry.
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25 July 2025 |
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A deposit toward the purchase of property may evidence a contract but will not entitle the buyer to specific performance where undue hardship results.
Contract law – formation of contract – documentary evidence through electronic messages sufficient to establish an enforceable contract – breach of contract – remedies for breach – refund, damages, denial of specific performance due to hardship and lapse of time.
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25 July 2025 |
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A court may grant a stay of execution pending appeal where substantial loss and hardship may result if the stay is refused.
Civil procedure – stay of execution – application pending appeal – principles for grant of stay – risk of substantial loss – adequacy of security – delay – balance of convenience – discretion of court.
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25 July 2025 |
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Application for extension of time and leave to appeal dismissed due to res judicata, lack of merit, and undue delay.
Civil procedure – application for extension of time – leave to appeal out of time – res judicata – dilatory conduct – sufficiency of grounds for leave to appeal – abuse of court process.
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22 July 2025 |
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Limitation, contract illegality, and cause of action objections must be based on pleadings alone and reserved for trial if evidence required.
Civil procedure – preliminary objection – limitation of actions – oral tenancy contract – accrual of cause of action – illegality of contract – cause of action in plaint – when preliminary objections should be determined on pleadings alone or reserved for trial.
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22 July 2025 |
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A court erred by dividing land based on unproven claims and evidence not adduced at trial, and granting relief beyond pleadings.
Land law – Customary tenure – Proof of ownership – Adverse possession – Role of evidence from locus in quo – Judicial relief limited to pleadings – Demarcation and boundaries of land.
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22 July 2025 |
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Court dismissed an application for review, holding it did not meet criteria and that appeal, not review, was the proper remedy.
Civil procedure – Review of court decisions – Grounds for review – Technical defects in pleadings – Proper remedy for litigant dissatisfied with dismissal of appeal or reinstatement application.
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18 July 2025 |
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The court allowed review, granting extension of time to file defense and ordering trial before Adjumani Magistrates Court.
Civil procedure – review of judgment – application for trial before a different judicial officer – extension of time to file defense – ex-parte decree – impartiality and administration of justice – transfer of court file.
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18 July 2025 |
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Application for leave to file an appeal out of time dismissed due to lack of sufficient proof and delay attributable to applicant.
Civil procedure – application for leave to appeal out of time – burden of proof – advocate's mistake – abuse of process.
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18 July 2025 |
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A land registrar was held in contempt and fined for willfully disregarding a court order staying execution on property transfer.
Land law – civil contempt of court – compliance with interim court orders – powers of court to punish non-compliance – punitive damages for contempt.
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16 July 2025 |
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Court granted the applicant leave to file a defence out of time in a land dispute, favoring resolution on the merits.
Civil procedure – enlargement of time – application to file defence out of time – sufficient cause – determination on the merit – unchallenged application.
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16 July 2025 |
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An appellate court overturned a lower court judgment, finding that the respondents were trespassers on land inherited by the appellant.
Land law—Customary ownership—Constructive possession—Trespass—Evaluation of evidence—Burden of proof—Appellate intervention in land disputes.
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16 July 2025 |
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An application to reinstate a dismissed appeal was refused as the appeal had impermissibly been filed out of time.
Civil procedure – Appeals – Time limits for filing appeals – Application for reinstatement of dismissed appeal – Illegality of appeal filed out of time without leave – Court’s power to reinstate appeal dismissed for want of prosecution.
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16 July 2025 |
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An action to recover looted goods was time-barred, but the right to recover land was upheld within the statutory limitation period.
Civil procedure – Limitation of actions – distinction between recovery of land and goods – effect of limitation periods under Ugandan Limitation Act – jurisdiction of lower courts on human rights declarations – requirements for pleadings and framing of issues.
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16 July 2025 |