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Citation
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Judgment date
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| April 2024 |
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Court upheld plaintiffs’ titles, found state trespass in settling refugees, ordered valuation-based compensation and costs.
Land law – title indefeasibility and fraud exception; conversion of customary land to freehold; boundary opening and survey evidence; refugee settlement land; state trespass by settling refugees without consent or compensation; remedies – declaratory relief, valuation-based compensation, costs.
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29 April 2024 |
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Dismissal for want of prosecution without ruling on application constituted material irregularity; matters reinstated.
Civil procedure — Revision under s.83 Civil Procedure Act — scope limited to jurisdictional error, illegal or material irregularity. Civil procedure — Order 17 Rule 5 CPR — dismissal for want of prosecution — applicability where parties have filed pleadings and submissions. Procedural fairness — duty to determine pending application (leave to appear and defend) before dismissing main suit. Remedy — setting aside decision, reinstatement of matters and remittal to trial court.
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29 April 2024 |
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Appellants’ document failed to prove inter vivos gifts or a valid will; estate found intestate and appeal dismissed.
Succession law – intestacy – validity of purported will and gift deed (DE1) – requirements for inter vivos gifts (intention, delivery, acceptance) – formalities under Succession Act – shifting evidential burden on balance of probabilities.
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29 April 2024 |
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Death of a plaintiff does not automatically invalidate amended pleadings; suit may continue under Order 24 with representative joined.
Civil procedure – Death of a party – Order 24 Rule 2 – continuation of suit by surviving plaintiffs and joinder of legal representative; Amendment of plaint – omission of deceased plaintiff – Order 1 Rule 10(2) – whether omission warrants striking out; Misjoinder/non‑joinder – Order 1 Rule 9 – remedial joinder/substitution.
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29 April 2024 |
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Appeal held competent; respondent failed to prove detinue, trial judgment set aside and costs each party to bear.
Civil procedure – appeal competency – computing time under s.79(2) Civil Procedure Act; Appeal pleading requirements – Order 43(2) CPR – argumentative grounds struck off; Tort of detinue – burden of proof – requirement to prove possession, right to immediate possession, identification of property, and that defendant took possession; Appellate reappraisal of evidence on first appeal.
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29 April 2024 |
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Registered title upheld subject to equitable interests; defendants awarded one room each and caveat vacated.
Land law – indefeasibility of title; fraud exception; equitable interests of deceased lawful occupant; proprietary estoppel/acquiescence granting rights to rooms; succession law on dependant relatives; invalid caveat covering whole title; trespass.
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29 April 2024 |
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Family endorsement and Administrator General’s certificate made plaintiffs fit administrators; caveat vacated and costs awarded.
Succession law – appointment of administrators – family meetings and Administrator General’s certificate as evidence of fitness; intermeddling – permissible preservation and management of estate pending grant; customary heirship does not confer automatic legal administration rights; caveat – vacated where no reasonable grounds.
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29 April 2024 |
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Appellants’ prior purchase prevailed; subsequent sale to respondents was null, granting appellants ownership, eviction and damages.
Land law – Competing sale agreements – priority of competing equitable interests – qui prior est tempore, potior est jure. Evidence – Construction and evaluation of multiple sale agreements and documentary evidence. Reliefs – Declaration of ownership, eviction, damages and permanent injunction where subsequent sale is nullity. Bona fide purchaser – validity of title where vendor previously sold to another.
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26 April 2024 |
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26 April 2024 |
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Prior or predecessor firm’s instructions do not automatically disqualify counsel absent particularised confidential information.
Advocates' professional conduct – conflict of interest – Regulation 4 (Advocates (Professional Conduct) Regulations) – disqualification – prior or predecessor firm’s representation – need for particularised proof of confidential information – substantial relation test.
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19 April 2024 |
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Appellant’s inheritance claim failed; respondent’s purchase and possession proved, appeal dismissed and damages upheld.
Land law – ownership disputes – proof by purchase and possession – evidential weight of sale agreement and witness testimony. Evidence – first appellate court duty under s.80 Civil Procedure Act to re-evaluate evidence and draw independent inferences. Title by inheritance – requirement to prove transmission of possession and credible supporting evidence. Remedies – trespass, injunctions and general damages; appellate interference with damages limited to exceptional cases.
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19 April 2024 |
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Dismissal of taxation application for non-appearance was set aside where a pre-taxation meeting and filed consent required the taxing officer to tax disputed items.
Civil procedure — Taxation of costs — Advocates (Remuneration and Taxation of Costs) Regulations — Rule 13A (pre-taxation meeting) requires parties to identify agreed items and taxing officer to tax remaining items. Taxation practice — Rule 54 grants taxing officer discretion to proceed ex parte, adjourn or extend time; dismissal for non-appearance where pre-taxation steps occurred is improper. Appeal — Registrar/Deputy Registrar decisions — interference only in exceptional circumstances where law or taxation principles not followed.
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19 April 2024 |
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Lease offers without timely survey/registration do not create a lease; the court declared the land public and dismissed the plaintiff’s claims.
Land law – public land – lease offer versus lease agreement – requirement of survey and registration – tenant at sufferance – Cabinet directive halting allocation of public land – Section 59 Land Act – declaration of public land – injunctions restraining allocation and unauthorized use.
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19 April 2024 |
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Whether an alleged agency existed and whether the plaintiff must pay UGX 292,221,000 under a valid settlement agreement.
Civil procedure – computation of time for filing defence; Contracts – agency versus independent stockist; Evidence – burden and proof of oral agency and ownership; Contract enforcement – validity and breach of settlement agreement; Remedies – recovery of unpaid purchase price, general damages and interest.
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19 April 2024 |
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Court upheld setting aside sale where government retained title and vehicle was not attachable to satisfy a private debt.
Judicial sale – challengeability and reasonable time for objector proceedings; Attachment and sale – government property supplied to contractor; Title retention by Government evidenced by handover agreement and logbook; Knowledge of party who signed agreement; Illegality of attaching government property to satisfy private debt.
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19 April 2024 |
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On appeal, respondent’s title by descent was unproven; appellate court awarded land to the first appellant based on long possession.
Land law – ownership disputes – proof of descent from first occupant; Local Council judgments and supervisory nullification; proof of caretaker appointment; adverse possession/first occupation; competency of amended memorandum filed after statutory appeal period; allegation of judicial bias for hearing in absence of counsel.
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19 April 2024 |
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Title and lease valid; plaintiffs failed to prove customary ownership or fraud, but were awarded damages for unlawful evictions.
Land law — validity of lease and registered title — indefeasibility under the Registration of Titles Act; fraud as exception requires strict pleading and proof. Limitation — discovery rule for fraud delays commencement of limitation period. Evidence — documents marked for identification are not evidence until formally tendered and proved as exhibits. Customary tenure — occupation alone does not establish customary ownership; customary rules and acquisition in accordance with them must be proved. Remedies — declaration of title, permanent injunction, damages for unlawful evictions, interest and costs.
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19 April 2024 |
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Registered lease and title upheld; plaintiffs not customary owners, but awarded damages for unlawful evictions.
Land law – Registration of Titles – Indefeasibility of title under the Registration of Titles Act; fraud to impeach title – burden and strict proof; Limitation Act – accrual and discovery in fraud/eviction cases; customary tenure and lawful/bona fide occupants – elements and proof; evidentiary rules – documents marked for identification must be formally exhibited; evictions – unlawful forceful eviction, demolitions and damages; remedies – declarations, injunctions, damages, interest and costs.
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19 April 2024 |
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Court ordered a fresh joint boundary opening under Plan No.1449 to resolve competing land boundary claims and directed procedures and costs.
Land law – boundary opening/survey – role of Commissioner of Surveys and Mapping – boundary Plan No. 1449 – evidentiary value of technical survey evidence versus oral testimony – abatement of suit – court’s power to order joint boundary opening and allocate costs and security.
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8 April 2024 |
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Stay of execution granted pending taxation appeal where appeal is lodged, execution imminent, and security not required.
Civil procedure – Stay of execution pending appeal – Order 43 r.4 requirements: appeal lodged, substantial loss, imminent execution, prompt application, and security discretion; taxation appeals; exercise of discretion not to order security for due performance or costs.
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8 April 2024 |
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The respondent failed to prove an easement or actionable trespass; trial judgment and damages were set aside.
Land law – Easement/right of way – requirement of long, uninterrupted prior use or express grant to establish prescriptive/prior-use easement. Burden of proof – existence of easement proved on balance of probabilities; vendor’s evidence and documentary recital relevant. Trespass – unauthorised entry vs. customary reciprocal grazing; mutual use may negate actionable trespass. General damages – discretionary award requiring stated rationale and evidence; appellate interference warranted where award unsupported or primary claim fails.
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8 April 2024 |
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Appeal dismissed: identification reliable, alibi disproved, grudges/contradictions immaterial, consecutive 18-year sentence upheld.
Criminal law – identification evidence at night – lighting, familiarity and opportunity to observe; alibi – burden and proof; hostile/grudge evidence – relevance and weight; contradictions – materiality and grave inconsistencies; sentencing – judicial discretion on concurrent versus consecutive terms (s.175 MCA) and proportionality.
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8 April 2024 |
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Revision granted for material procedural irregularities: ex parte survey report admitted and no locus visit, rehearing ordered.
Land law – revision under section 83, Civil Procedure Act – procedural irregularity – ex parte admission of expert survey report – failure to record appointment of surveyor – discretion to visit locus – rehearing ordered.
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8 April 2024 |
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Director may sue without board resolution; credit forms and delivery notes can establish a binding debt.
Contract law – written contracts under the Contracts Act; credit request forms and delivery notes as evidence of contract; apparent authority and agents binding companies; burden of proof as to payment by debtor; company resolution not mandatory to institute suit.
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5 April 2024 |
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The applicant’s transfer and subsequent recruitment were unlawful; court quashed decisions and ordered reinstatement.
Judicial review — time limits and party inclusion; exhaustion of local remedies; administrative action — illegality, irrationality and procedural impropriety; public service transfers and placement (personal-to-holder salary); requirement to determine complaints before advertising/recruitment; remedies — declarations, certiorari, mandamus and costs.
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5 April 2024 |
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Court cancels title procured by fraud, restores prior land division, orders eviction, injunction, damages and costs.
Land law – Registered title and indefeasibility – Fraud vitiating title – Cancellation/rectification of certificate of title procured by fraud attributable to registered proprietor – Trespass, eviction and injunction – Award of general damages and costs.
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5 April 2024 |
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Failure to show sufficient cause and a plausible defence (with disciplinary evidence) defeats an application to set aside a default judgment.
Civil procedure – setting aside default/ex parte judgment – Order 9 Rules 11 & 12 – requirement to show sufficient cause and a plausible defence with prospect of success; Public service/salary arrears – verification by accounting officer and Ministry of Finance directive; alleged abscondment – need for disciplinary proceedings to withhold verified payment.
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5 April 2024 |
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The applicants’ land claim was barred by res judicata; respondents’ registered title upheld and applicants declared trespassers.
Res judicata – prior judgments determining ownership/possession bar relitigation of same land dispute Locus/standing – absence of protectable registrable interest prevents challenge to title Registered title – entitlement to sue in trespass; declaration of lawful proprietorship Trespass – occupants without consent declared trespassers; eviction and permanent injunction Remedies – general damages, interest, costs and eviction order
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5 April 2024 |
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Plaintiff proved ownership by purchase and possession; administrator's grant revoked for misrepresentation; injunction granted.
Land law – ownership by purchase and possession – evidence and credibility; Succession law – property included in estate; misrepresentation under section 234 Succession Act – revocation of letters of administration; remedy – declaration of ownership and permanent injunction; refusal of damages and costs to promote family harmony.
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5 April 2024 |
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Plaintiff lacked locus standi because equitable title had passed to a purchaser before suit, so the plaint was rejected and suit dismissed.
Property law – equitable title passes to purchaser on sale; locus standi – sufficient interest required to sue; pleadings – departure by relying on unpleaded addendum; civil procedure – rejection of plaint for failure to disclose cause of action; risk of double recovery where purchaser holds equitable title.
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5 April 2024 |
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Will invalid for defective attestation and signature; letters of administration revoked for fraudulent procurement.
Succession law – validity of wills – execution and attestation under section 50 – attesting witnesses must have seen testator sign.* Succession law – proof of signature – comparison with known signatures; allegation of forgery requires evidence.* Locus standi – capacity to sue as executor vs. elder (abakuru).* Revocation of letters of administration – section 234 – concealment of beneficiaries and fraudulent procurement.* Remedies – revocation, surrender of grant, fresh grant process, injunction, costs.
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5 April 2024 |