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Citation
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Judgment date
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| December 1999 |
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27 December 1999 |
| November 1999 |
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Plaintiff awarded unpaid freight (US$1,883) with interest and costs; detention and trailer claims struck for lack of evidence.
Carriage of goods – proof of contract and unpaid freight – detention charges – requirement of evidence to establish container/trailer detention fees – interest and costs – proceeding ex parte where defendant absent.
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1 November 1999 |
| October 1999 |
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The applicants entitled to terminal benefits and 25% interest for inordinate delay by the respondent.
* Public/state liability – dissolution of parastatal – statutory transfer of liabilities to State – enforceability of terminal benefits and salary arrears.
* Evidence Act s.113 – estoppel by representation – requirements and application where claim for interest alleged to have been abandoned.
* Equitable interest – entitlement where improper or inordinate delay in payment of due sums; assessment of appropriate rate.
* Distinction between gratuitous payments and legally obligatory disbursements following statutory succession of liabilities.
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25 October 1999 |
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Lorry unlawfully parked in a blind bend caused collision; defendant liable, contributory negligence by plaintiffs not proved.
Motor-vehicle accident – negligence – lorry parked in blind bend causing collision; contributory negligence – not established; passengers’ injuries – amputation and multiple fractures; assessment of general damages; special damages must be specifically proved; costs and interest awarded.
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22 October 1999 |
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Bank held liable for negligent loan administration; plaintiff entitled to refund deposit with interest and costs.
* Banking law – loan administration – agency versus principal – deposit as security/guarantee; implied duty to administer loans professionally and without negligence. * Contract – express and implied terms – professional skill and diligence in loan management. * Security documentation – defective mortgage, mismatched debenture/guarantee dates and title problems. * Negligence – bank liable for negligent administration and recovery. * Equitable relief – refund of deposit with interest and costs; no estoppel to bar refund claim.
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21 October 1999 |
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14 October 1999 |
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Plaintiff failed to prove forgery or link fraud to the mortgagee; claim to invalidate the mortgage dismissed with costs.
Property law – Registered title – Alleged forgery of Power of Attorney – Pleading requirements for fraud – Particulars and joinder of alleged forger – Liability of mortgagee for forged instruments – Burden to impeach registered title.
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14 October 1999 |
| September 1999 |
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Suspension without a fair internal hearing violated natural justice, entitling the applicant to arrears and costs.
Employment law – wrongful suspension and dismissal; natural justice – audi alteram partem in internal disciplinary/investigatory proceedings; admissibility and effect of criminal acquittal in related civil claims; entitlement to salary arrears and remedies where reinstatement is impracticable.
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29 September 1999 |
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Court granted conditional stay of execution pending appeal while addressing whether unsealed annexures render an affidavit incompetent.
Commissioners for Oaths – Affidavits – Annexures and exhibits – Rule 8 First Schedule to Commissioners for Oaths (Advocates) Act – requirement to seal and mark exhibits – effect of unsealed annexures on competence of affidavit – stay of execution conditional on security pending appeal.
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23 September 1999 |
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22 September 1999 |
| August 1999 |
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30 August 1999 |
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Whether an employee dismissed for misconduct is entitled to redundancy pay and whether a management's gratuitous promise is enforceable.
Employment law – redundancy v. dismissal for misconduct; presumption of redundancy and its rebuttal; enforceability of informal/gratuitous management promises; requirement of consideration for contractual claims for payment.
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17 August 1999 |
| July 1999 |
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Whether Tooro regency exists and whether Orukurato validly appointed lawful regents — court upholds regency.
Customary law – Regency in Tooro Kingdom – existence and codification in 1962 Constitution; Evidence Act ss.13 & 46 – proof of custom; Cultural institutions – capacity and composition of Orukurato to elect regents; Scope of regents’ authority – non‑ritualistic vs ritualistic functions; Testamentary/guardianship law – oral appointment ineffective; Judicial restraint – cultural disputes primarily for cultural assembly.
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13 July 1999 |
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Orukurato lawfully appointed regents; regents limited to non-ritual functions; plaintiff's challenge dismissed with costs.
Customary law — Regency in Tooro — Existence and codification of regency in 1962 Constitution; Orukurato's capacity to elect regents; scope of regents' authority (non-ritual functions only); limits of oral testamentary appointments; standard of proof for custom under Evidence Act.
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13 July 1999 |
| June 1999 |
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Registrar erred in staying execution where no stay application existed and deposited title was misleading; execution ordered to proceed.
Civil procedure – Execution – Registrar’s powers – Whether Registrar may stay execution absent an application – Relevance of court broker’s affidavit and valuation under Order 19 r.37 – Personal attendance for show-cause hearing – Fraudulent/misleading security lodged to defeat execution.
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30 June 1999 |
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Appeal against taxation of costs dismissed; instruction fees correctly awarded by taxing master.
Legal costs - Taxation appeal - Determinability of subject matter - Entitlement to instruction fees
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16 June 1999 |
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High Court struck out suit as the Court of Appeal’s judgment in rem vested the property in Government, so no cause of action existed.
Civil procedure – preliminary objection – whether plaint discloses a cause of action – Court of Appeal judgment in rem – binding effect on High Court – status of property under Expropriated Properties Act – striking out as frivolous and vexatious – discharge of injunction – costs awarded.
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15 June 1999 |
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Whether suspension and summary dismissal under the union agreement was lawful; admitted arrears awarded, other claims dismissed.
Employment law – Summary dismissal for misconduct – Applicability of Union Management Agreement versus staff regulations – Suspension and fair notice/procedure – Misconduct consisting of falsified inspection report – Award of admitted arrears.
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2 June 1999 |
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Order 48(3) CPR prevails over Order 6(1)(b) for notices of motion; particulars must be furnished.
Civil Procedure – Notice of Motion – interplay between Order 48 r.3 and amended Order 6 r.1(b) – generalia specialibus rule; Further and better particulars – when annexures are inapplicable or moot; Competency of motion – distinction from applications requiring evidentiary annexures (eg. setting aside ex parte judgments).
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1 June 1999 |
| May 1999 |
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Application for stay of execution and taxation of costs dismissed due to non-compliance with procedural requirements.
Civil Procedure – Stay of execution – whether execution had occurred – requirements for stay not met – costs.
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24 May 1999 |
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Sublessee must pay 25% of the ground rent as assessed by the local authority; plaintiff ordered to pay costs.
Landlord & tenant – Sublease – Ground rent: whether sublessee pays 25% of fixed historic rent or 25% of rent assessed by local authority; payment to local authority vs. reimbursement to headlessee; entitlement to enforce contribution and threaten re-entry; costs awarded to headlessee.
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12 May 1999 |
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Interim injunction granted to preserve possession and rents pending resolution of ownership dispute.
Civil procedure – Interim injunction – Requirements: preservation of status quo, prima facie case with probability of success, irreparable injury, balance of convenience – Registered proprietor in possession – Alleged illegality of repossession certificate raising triable issues.
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5 May 1999 |
| March 1999 |
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Stay of execution granted with condition of security deposit for costs pending an appeal.
Civil Procedure – Stay of execution – pending appeal – substantial loss – delay – security deposit
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31 March 1999 |
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An application dismissed for procedural errors, including defective affidavit and unsigned court summons.
Civil procedure – defective affidavit – non-compliance with Oaths Act – advocate as witness and counsel – unsigned summons
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31 March 1999 |
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17 March 1999 |
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Employer found liable for wrongful dismissal; plaintiff awarded special and general damages with high interest.
Employment law – existence and enforceability of employment contract despite missing page/signature; wrongful dismissal – employer breach and entitlement to damages; proof of special damages; counterclaim dismissed for lack of strict proof; interest and costs awarded.
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17 March 1999 |
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Section 47(2) empowers the Registrar to execute Court of Appeal decrees; warrant issuance was not an abuse of process.
Judicature Statute s47(2) – execution of appellate orders; Registrar’s power to issue warrants in execution; abuse of court process; interplay with Civil Procedure Act and Court of Appeal Rules.
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5 March 1999 |
| January 1999 |
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Plaintiffs failed to prove a lease on the disputed plot; transferee protected as bona fide purchaser, but plaintiffs awarded compensation for buildings.
Land law – lease vs customary tenancy; registration and identification of leased parcel (Plot 67 v. Plot 89); pleading and proof of fraud in title transfers; bona fide purchaser protection under the Registration of Titles Act; remedy by compensation for buildings where proprietary claim fails.
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15 January 1999 |
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Court dismisses claim for lease on Plot 89; the 5th Defendant a bona fide purchaser for value.
Property Law – Land Lease – Validity and enforceability of lease agreements – Customary ownership of buildings – Bona fide purchaser defense.
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15 January 1999 |
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Default for failure to plead deemed admission; defendant ordered to repay loan, agreed profit, proved bank charges, damages, interest and costs.
* Civil procedure – default judgment and formal proof – entering appearance without filing defence can be treated as admission of liability.
* Contract/loan – oral loan evidenced by payment voucher – enforceability of repayment and agreed profit.
* Evidence – proof of special damages requires specific evidence; bank demand note admitted as proof of bank charges.
* Remedies – part payment deposited in court treated as satisfaction of part of debt; award of interest and costs.
* Appeals – leave to appeal granted by Court of Appeal with procedural directions.
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1 January 1999 |