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Citation
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Judgment date
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| February 2024 |
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29 February 2024 |
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20 February 2024 |
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20 February 2024 |
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1 February 2024 |
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1 February 2024 |
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1 February 2024 |
| January 2024 |
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25 January 2024 |
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25 January 2024 |
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25 January 2024 |
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25 January 2024 |
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25 January 2024 |
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23 January 2024 |
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23 January 2024 |
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23 January 2024 |
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12 January 2024 |
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12 January 2024 |
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12 January 2024 |
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12 January 2024 |
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12 January 2024 |
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12 January 2024 |
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12 January 2024 |
| December 2023 |
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21 December 2023 |
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20 December 2023 |
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8 December 2023 |
| November 2023 |
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Plaintiff failed to prove title or fraud; suit dismissed and prior default judgment set aside.
Civil procedure – default judgment – O.9 r.6 CPR applicable to liquidated demands; inappropriate default judgment set aside and replaced by O.9 r.10 order.* Evidence – burden and standard of proof – fraud allegations require strict proof and primary documentary evidence.* Land law – title dispute – necessity to prove chain of title and locus standi to challenge estate administration.
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29 November 2023 |
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Defendant breached subcontracts by failing to pay for approved works; plaintiff awarded damages, interest and costs.
Contract law – breach of subcontract – failure to pay for approved works. Evidence – party asserting materials supplied or payments advanced must prove them; documents not properly tendered are inadmissible. Civil procedure – effect of partial consent settlement as binding and entitling party to decree. Remedies – assessment of special and general damages, interest and costs.
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17 November 2023 |
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The court held taxation rules applicable are those in force when the costs order was made, not when the bill was filed.
Civil procedure — Taxation of costs — Temporal application of taxation rules — Liability to pay costs accrues on date of costs order — Regulations in force when order made govern taxation; amendment regulations not retrospective.
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10 November 2023 |
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Written sale agreement held conclusive; respondent failed to prove mortgage, appellant entitled to repayment or vacant possession.
Land law – Sale v mortgage – written sale agreement as primary evidence – onus to prove mortgage – parol evidence and S.91 Evidence Act – illiteracy defence – failure to produce bank records – remedies: refund with interest or delivery of vacant possession.
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10 November 2023 |
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Failure to pay prior adequate compensation for compulsorily acquired land violated the plaintiff's constitutional right; district valuer's valuation awarded.
Constitutional law – property rights – compulsory acquisition – prior payment of fair and adequate compensation (Article 26(2)). Eminent domain/land law – valuation – acceptance of District Valuer’s market valuation where unchallenged. Civil procedure – failure to file witness statements/evidence; ex parte proof and consequence. Evidence – burden of proof on party alleging facts; alleged adverse claim must be proved to defeat compensation. Remedies – compensation, general damages, costs and statutory interest.
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3 November 2023 |
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Appeal dismissed: Registrar’s locus visit cured defect; evasive defence rejected; omnibus damages award set aside and UGX 20,000,000 substituted.
Land law – trespass and declaration of ownership; procedure – locus in quo: Registrar’s visit can cure trial defect; pleadings – O.6 r.10 CPR: evasive denials and O.6 r.7 CPR: departures from pleadings inadmissible; damages – unpleaded profits cannot be awarded; general damages may be awarded if evidence was led.
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3 November 2023 |
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Appellate court upheld respondent's title, cured locus defect, and substituted vague general damages with UGX 5,400,000.
Land law – title by purchase – credibility of documentary evidence; Civil procedure – locus in quo inspection by Registrar to cure procedural defect; Appellate review – duty to re-evaluate evidence but not to disturb trial court absent misdirection; Appeals – general/unspecific grounds offending O.43 rr.1–2 CPR; Damages – vagueness in general damages awards and substitution with specific sum to facilitate execution.
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3 November 2023 |
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The applicant failed to prove adverse possession; the respondent's registered title was upheld and the appeal dismissed.
Land law – ownership dispute between kibanja (customary/unregistered) and registered title; Adverse possession – continuous exclusive possession required; Certificate of title – conclusive absent pleaded fraud; Limitation – trespass as continuing tort; Locus in quo – appellate visit can cure trial omissions.
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3 November 2023 |
| October 2023 |
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First appellate court upholds compensation and general damages but sets aside unpleaded special damages.
Civil appeal — limitation — computation of appeal time when certified record not shown to have been availed; pleading effect — parties bound by written pleadings; vicarious liability — employer liable for employee’s impoundment of livestock resulting in loss; evidence — unreliable witness and weight of expert (veterinary) market-value evidence; damages — necessity to plead and strictly prove special damages; general damages at court’s discretion.
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30 October 2023 |
| September 2023 |
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Appellant failed to prove title; demarcation and possession established respondents' land; appeal dismissed with costs.
Land law – evidential burden in ownership disputes – purchaser must prove the specific parcel bought; admissibility and weight of translated purchase agreements; weight of local authority demarcations and locus findings in boundary disputes; possession as evidence against trespass claims.
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29 September 2023 |
| May 2023 |
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Court found plaintiffs held customary title; land fraudulently registered; titles cancelled; purchasers not bona fide; damages awarded.
Land law – customary tenure proved by purchase and continued use – fraudulent procurement of title through a fictitious company and coercion – bona fide purchaser for value without notice doctrine: need for vendor to have apparent valid title and for purchaser to have performed due diligence – cancellation of title, eviction, damages and costs ordered.
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17 May 2023 |
| February 2023 |
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15 February 2023 |
| November 2022 |
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Divorce granted for desertion and cruelty with equitable division of matrimonial property and joint account split.
Family law – Divorce – Grounds: desertion and cruelty established; adultery not proved – Irretrievable breakdown of marriage – Matrimonial property identification and equitable distribution – Joint bank account split – Personal property vs family property – No custody or alimony orders where not claimed.
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30 November 2022 |
| January 2022 |
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17 January 2022 |
| December 2021 |
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High Court jurisdiction not ousted by Section 139(2); compensation and human-rights claims may proceed to court.
• Constitutional law – High Court unlimited original jurisdiction (Art.139) – statutory remedies do not oust jurisdiction unless expressly stated.
• Petroleum law – Compensation for disturbance of rights – Section 139(2) permits Chief Government Valuer review but does not bar court proceedings.
• Human rights – enforcement of rights to livelihood, life and protection from deprivation of property actionable in High Court.
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21 December 2021 |