|
Citation
|
Judgment date
|
| September 2024 |
|
|
|
19 September 2024 |
|
|
16 September 2024 |
|
|
5 September 2024 |
| August 2024 |
|
|
|
28 August 2024 |
|
|
12 August 2024 |
| July 2024 |
|
|
|
19 July 2024 |
|
|
19 July 2024 |
|
|
18 July 2024 |
|
|
11 July 2024 |
|
|
11 July 2024 |
|
|
10 July 2024 |
|
|
8 July 2024 |
|
|
8 July 2024 |
|
|
5 July 2024 |
|
|
5 July 2024 |
|
|
5 July 2024 |
|
|
5 July 2024 |
|
|
5 July 2024 |
|
|
5 July 2024 |
|
|
3 July 2024 |
|
|
3 July 2024 |
|
|
3 July 2024 |
|
|
3 July 2024 |
|
|
3 July 2024 |
|
|
3 July 2024 |
|
|
3 July 2024 |
| June 2024 |
|
|
|
26 June 2024 |
|
|
25 June 2024 |
|
|
21 June 2024 |
|
|
21 June 2024 |
|
|
21 June 2024 |
|
|
14 June 2024 |
|
|
10 June 2024 |
|
|
4 June 2024 |
| May 2024 |
|
|
|
30 May 2024 |
|
|
29 May 2024 |
|
|
29 May 2024 |
|
|
22 May 2024 |
|
Leave to appeal denied where applicant failed to show arguable grounds against reinstating a dismissed appeal.
Civil procedure – Leave to appeal under section 98 and Order 44 – Reinstatement of dismissed appeal – Exercise of judicial discretion – Service of process and invocation of article 126(2)(e) – Abuse of court process.
|
21 May 2024 |
|
|
20 May 2024 |
|
|
14 May 2024 |
|
|
13 May 2024 |
|
Appeal dismissed: land claim time-barred and respondent declared owner by adverse possession; costs awarded.
Limitation Act (s.5, s.16) – actions to recover land – twelve-year limitation; adverse possession – animus possidendi, open and continuous possession; Order 7 r.11(d) CPR – plaint barred by law; appellate duty to re-evaluate evidence; costs follow the event.
|
9 May 2024 |
|
|
9 May 2024 |
|
Appellant failed to prove customary marriage or family land; sale by vendor valid and purchaser lawfully entitled to remedies.
* Customary marriage – proof and formalities – bride price, witnesses and documentary evidence required to establish a valid customary marriage; mere cohabitation insufficient. * Family/matrimonial land – definition and tests under the Land Act (ordinary residence; source of sustenance; cultural treatment) and requirement of evidence of contribution/occupation. * Sale of land – purchaser’s title where vendor is sole owner; spousal consent not required absent valid marriage or proven family land interest. * Appellate review – first appellate court duty to re-evaluate evidence; interference only where miscarriage of justice shown.
|
9 May 2024 |
|
|
7 May 2024 |
|
|
7 May 2024 |
| April 2024 |
|
|
High Court revised Magistrate’s dismissal for lack of jurisdiction, set aside ruling and remitted the suit to High Court for determination.
Civil procedure – Revision under s.83 CPA – Magistrate’s exercise of jurisdiction; dismissal for lack of pecuniary jurisdiction where claim within jurisdiction; duty to refer/transfer matters involving High Court-only reliefs (cancellation of title); exercise of supervisory powers of High Court.
|
30 April 2024 |
|
High Court struck out later-filed suit as lis pendens and abuse of process; arbitration referral was premature.
* Arbitration law – referral under section 5 Arbitration and Conciliation Act requires a filed defence and closed pleadings; referral premature otherwise.
* Arbitration – question whether clause is inoperative or incapable of performance requires evidence on alleged frustration.
* Civil procedure – lis pendens (section 6 Civil Procedure Act) – suit struck out where matters are directly and substantially the same as those in a pending appeal.
* Civil procedure – abuse of court process and multiplicity of suits – forum shopping and risk of double recovery.
* Procedure – citing incorrect statutory provision may be technical but does not necessarily defeat substantive relief.
|
30 April 2024 |
|
Threatened felling of protected Mvule trees violated environmental rights; temporary injunction and declarations granted with consultation safeguards.
Environmental rights – threat to right to a clean and healthy environment; protected urban trees (Milicia excelsa/Mvule); lack of meaningful public participation; precautionary principle and sustainable development; temporary injunction with mandatory consultation (Uganda Forest Authority, NEMA, NGOs).
|
30 April 2024 |