|
Citation
|
Judgment date
|
| April 2024 |
|
|
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.
|
19 April 2024 |
|
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.
|
19 April 2024 |
|
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.
|
19 April 2024 |
|
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.
|
19 April 2024 |
|
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.
|
19 April 2024 |
|
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.
|
19 April 2024 |
|
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.
|
8 April 2024 |
|
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.
|
8 April 2024 |
|
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.
|
8 April 2024 |
|
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.
|
8 April 2024 |
|
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.
|
8 April 2024 |
|
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.
|
5 April 2024 |
|
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.
|
5 April 2024 |
|
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.
|
5 April 2024 |
|
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.
|
5 April 2024 |
|
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
|
5 April 2024 |
|
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.
|
5 April 2024 |
|
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.
|
5 April 2024 |
|
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.
|
5 April 2024 |
| March 2024 |
|
|
|
28 March 2024 |
|
|
28 March 2024 |
|
|
28 March 2024 |
|
|
28 March 2024 |
|
An executor with probate may be substituted as party to pending proceedings under Order 24 and the Succession Act.
Civil Procedure — substitution of legal representative under Order 24 where a party dies. Succession Act s.186 — effect of probate; executor steps into deceased's position. Procedure — application for substitution; ex parte consideration where respondent fails to reply. Costs — applicant to bear costs of substitution application.
|
27 March 2024 |
|
An application to reinstate proceedings filed against a person already deceased is incompetent and is struck out.
Civil procedure – Proceedings against deceased persons – Suit or application filed against a dead person is a nullity – Court powerless to adjudicate claims against a non-existent party. Civil procedure – Death during proceedings – Action survives only against legal representative or otherwise abates until proper substitution.
|
27 March 2024 |
|
Court granted conditional stay of execution pending leave to appeal, requiring deposit of security for due performance.
Civil procedure – Stay of execution – Order 43 r.4 CPR – requirements: substantial loss, absence of unreasonable delay, security for due performance – committal proceedings as imminent execution – conditional stay pending leave to appeal out of time.
|
27 March 2024 |
|
Leave to appeal granted on arguable jurisdictional and costs issues arising from a referral to arbitration.
Arbitration law – court’s jurisdiction under the Arbitration and Conciliation Act; limits on judicial intervention in arbitration; leave to appeal – test for prima facie arguable grounds and protection of right of appeal; costs – discretion where costs are reserved to abide arbitration outcome.
|
27 March 2024 |
|
A defendant may include a counterclaim in an amended defence responding to an amended plaint without prior leave of court.
Civil Procedure — Pleadings and amendments — Order 6 r19; Counterclaims — Order 8 r1, r2, r7; Whether a counterclaim in an amended defence requires prior leave when filed in response to an amended plaint; Procedural law construed to facilitate justice.
|
27 March 2024 |
|
Appellate court set aside striking-out, finding the denial specific and not an evasive general denial.
Civil procedure – Pleadings – Striking out defenses – Order 6 r.8 and r.10 (general and evasive denials) – Order 30(1) (no reasonable answer) – First appellate court’s duty to re-evaluate findings of law and fact.
|
27 March 2024 |
|
Applicant granted unconditional leave to defend summary suit after timely filing and showing bona fide triable issues.
Civil procedure – summary suit – Order 36 (leave to appear and defend) – computation of statutory time (Interpretation Act s.34; Order 51 r.3) – requirement to show bona fide triable issue or defence – when summary judgment inappropriate.
|
25 March 2024 |
|
A land-title dispute alleging overlap with a forest reserve is not amenable to judicial review and must be determined by boundary opening or a regular suit.
Administrative law – extension of time for judicial review – discretion to extend time; Land law – conversion of customary tenure to freehold – allegations land within gazetted forest reserve – title and boundary disputes require boundary opening or regular suit, not judicial review.
|
25 March 2024 |
|
Application for leave to appeal out of time struck out as improperly brought in High Court; remedy lies in Court of Appeal.
Civil procedure – leave to appeal out of time – jurisdiction – where High Court refuses leave to appeal, applicant must apply to Court of Appeal; discretionary refusal of leave is not to be appealed in trial court; application struck out as incompetent.
|
25 March 2024 |
|
An applicant using a different corporate name lacks locus to review or enforce a judgment it was not party to.
Civil procedure – review application – locus standi – wrong plaintiff / different corporate name – suit by wrong party is a nullity; requirement of evidence of name change or succession before enforcing judgment.
|
22 March 2024 |
|
Review application dismissed for failure to show an error apparent on the face of the record.
Civil procedure — Review of judgment — Application under section 82 and Order 46 — Mistake or error apparent on the face of the record — Requirement that error be manifest and not require re‑examination of evidence — Applicant’s inability to pay is not a ground for review but a matter requiring evidence — Application dismissed.
|
22 March 2024 |
|
A beneficiary’s right to sue over bequeathed property is res judicata and missing powers of attorney on an amended plaint are a curable technicality.
Civil procedure – locus standi – beneficiary under will may sue in own name where bequest has become personal property – res judicata on locus determinations. Civil procedure – amendment and powers of attorney – requirement to attach documents under Order 7 r.14; omission may be cured under Article 126(2)(e) if registered power is on record. Abuse of court process – change of attorney and failure to seek leave to substitute donee not abusive where donor revoked prior power and no prejudice shown.
|
22 March 2024 |
|
An unexplained eleven‑year delay in challenging a consent withdrawal warranted dismissal of the application.
Civil procedure – setting aside consent judgment/withdrawal – promptness and inordinate delay – party’s duty to explain delay – effect of earlier correspondence on knowledge – costs: each party to bear own costs.
|
22 March 2024 |
|
An application to add fraud to the plaint was refused due to inordinate delay causing prejudice to the respondents.
Civil procedure – Amendments to pleadings – Order 6 r.19 CPR – Amendments should be freely allowed to determine real issues unless prejudicial or introducing a distinct substituted cause of action; Pleading – Addition of fraud as an additional cause of action – permissible in principle but subject to timing and prejudice; Delay – Inordinate delay in seeking amendment after scheduling and fixation for hearing justifies refusal; Remedy – Dismissal of late amendment application with costs where prejudice cannot be adequately justified or remedied.
|
22 March 2024 |
|
|
21 March 2024 |
|
|
15 March 2024 |
|
|
7 March 2024 |
|
|
7 March 2024 |
| February 2024 |
|
|
|
1 February 2024 |
| January 2024 |
|
|
An unsealed, untimely served notice of motion is invalid; application dismissed and counsel ordered to pay costs personally.
Civil procedure – Notice of Motion must be signed and sealed by court officer (Order 5 r.1(5)) – absence of court seal is a fundamental, incurable defect; Service of summons/applications must be effected within 21 days (Order 5 r.1(2)) – late service without extension invalidates proceedings; Court’s discretion to overlook procedural breaches not exercised where no satisfactory justification; Personal costs against counsel for procedural negligence.
|
31 January 2024 |
|
|
31 January 2024 |
|
|
31 January 2024 |
|
|
31 January 2024 |
|
High Court stayed execution pending appeal where appeal was lodged, execution imminent, and government exempt from security.
Civil procedure – Stay of execution pending appeal – Requirements: notice of appeal, substantial loss, no unreasonable delay, security for due performance; High Court is court of first instance for stay applications; Government entities exempt from security; Imminent execution and protection of public service delivery.
|
30 January 2024 |
|
|
25 January 2024 |
|
|
25 January 2024 |
|
|
24 January 2024 |