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Citation
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Judgment date
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| December 2023 |
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20 December 2023 |
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20 December 2023 |
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20 December 2023 |
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20 December 2023 |
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20 December 2023 |
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20 December 2023 |
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Court excluded evidence on unpleaded Mirarikye, upheld respondent’s title to Kafuro, and reduced damages to UGX 5,000,000.
Civil procedure – pleadings – departure from pleadings – evidence on unpleaded land is inadmissible unless properly amended. Evidence – proof of documents – executant’s signature and authenticity must be proved under the Evidence Act before a document can establish title. Land law – unregistered land – burden and standard of proof for root of title and ownership on balance of probabilities. Possession – occupancy/development alone does not automatically establish ownership. Damages – appellate interference permissible where quantum is excessive.
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19 December 2023 |
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Respondents found in continued contempt for obtaining land titles over land they were ordered to vacate; must comply or face committal proceedings.
Civil contempt – continued contempt – elements: existence of lawful order, knowledge, wilful non‑compliance – repeated/sustained acts required. Enforcement – contempt court enforces compliance and may not revisit correctness of original order. Parties in contempt – barred from being heard in subsequent related applications until they purge the contempt. Land registration – processing and obtaining certificates of title over land subject to prior eviction orders may constitute continued contempt.
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19 December 2023 |
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Transfers effected after lease expiry and through fraud are void; suit dismissed as applicant lacked subsisting title.
• Limitation — discovery of fraud delays commencement of limitation period under Section 25 of the Limitation Act.
• Land law — effect of expiration of a lease by effluxion of time; reversion to lessor (Uganda Land Commission).
• Registration of titles — transfers procured by fraud or without proper authorization vitiate title; registrar’s actions without proper instructions are irregular.
• Bona fide purchaser — purchaser aware of forgeries cannot claim protection.
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19 December 2023 |
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1 December 2023 |
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1 December 2023 |
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1 December 2023 |
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1 December 2023 |
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1 December 2023 |
| November 2023 |
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A restoration order to protect a wetland on registered land can be lawfully issued and enforced against the applicant.
Environment law – Wetland protection; public trust doctrine; National Environment Act (ss.36,67–70) – power to inspect, issue and enforce restoration orders without prior hearing; land title subject to environmental regulation; enforcement entry powers.
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19 November 2023 |
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10 November 2023 |
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10 November 2023 |
| October 2023 |
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20 October 2023 |
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20 October 2023 |
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20 October 2023 |
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20 October 2023 |
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20 October 2023 |
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12 October 2023 |
| September 2023 |
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6 September 2023 |
| August 2023 |
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An interim injunction preserving developments on disputed-use land upheld where prima facie case and balance of convenience favor applicant.
Civil procedure – Temporary injunctions – requirements: prima facie case, irreparable injury, balance of convenience; injunctions preserving developments on land where title not disputed; exercise of judicial discretion on interim relief.
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31 August 2023 |
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Appellate court ordered equal sharing of matrimonial land after correcting trial court's improper reliance on locus and submissions.
Family law — Division of matrimonial property; characterization of property as matrimonial or inherited; appellate re-evaluation of evidence; submissions not evidence; improper reliance on locus in quo; equal (50/50) sharing of matrimonial land.
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31 August 2023 |
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Plaintiff failed to prove guarantors liable for entire debt; guarantee covered only post‑execution loan.
Contract and guaranty law – guarantor’s liability depends on the terms of the guarantee and arises upon default of the principal debtor. Evidence – where matter proceeds ex parte and is set for formal proof, the plaintiff retains the burden to prove its case on the balance of probabilities; pleadings and submissions are not evidence. Interpretation of guarantee – contractual wording limits guarantor exposure to sums specified and dated in the guarantee. Procedure – failure to serve the estate of a deceased principal debtor may affect recovery options.
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31 August 2023 |
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Applicant granted divorce for cruelty; adultery unproven; custody and remaining matrimonial cattle awarded to applicant.
Family law – Divorce – Grounds: cruelty established on balance of probabilities; adultery allegation unproven due to lack of evidence; ex parte/formal proof principles apply; custody determined by best interests of the child; matrimonial property – non‑monetary contribution can justify award of livestock to spouse.
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31 August 2023 |
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A Section 17(2) dismissal is a final decree; the remedy is appeal, not reinstatement by application.
Civil procedure – Dismissal for want of prosecution – Section 17(2) Judicature Act – operates as final decree – not susceptible to reinstatement by Section 98/Order 52 application; remedy is by appeal.
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31 August 2023 |
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Applicant permitted to amend plaint to add facts for revocation of letters of administration; plaint disclosed a cause of action.
Civil procedure – Amendment of pleadings – Order 6 r.19 – amendments allowed to determine real questions in controversy unless they introduce new cause of action or cause injustice. Succession law – Revocation of letters of administration – Section 234(1) "just cause" includes defects in proceedings to obtain grant and may encompass failure to file a true and full inventory. Pleading – What constitutes disclosure of a cause of action – must show a right, its violation and defendant's liability.
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31 August 2023 |
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Appellate court upheld trial finding of respondent’s ownership and struck out argumentative grounds, dismissing appellant’s trespass claim.
Civil procedure – Memorandum of appeal – grounds must be concise and not argumentative – Order 43 r.1(2) CPR; Evidence – burden and standard in civil cases – proof on balance of probabilities; Property/land law – competing purchase claims and identity of vendor – admissibility/utility of name-declaration evidence (deed poll) and testimony of relatives; Appeal – first appellate court duty to re-hear and re-appraise evidence.
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31 August 2023 |
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Leave to appeal out of time granted where delay attributable to counsel's mistake; technical errors curable to promote substantive justice.
Civil procedure – Leave to appeal out of time; Section 79(1)(b) Civil Procedure Act – ‘sufficient cause’ and discretion; Affidavits by advocates – competence where deponent has personal knowledge; Submissions v. evidence – submissions not determinative; Misnomer – amendment curable; Affidavit contradictions – severance of offending paragraphs.
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31 August 2023 |
| July 2023 |
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11 July 2023 |
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11 July 2023 |
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11 July 2023 |
| May 2023 |
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10 May 2023 |
| April 2023 |
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26 April 2023 |
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20 April 2023 |
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20 April 2023 |
| March 2023 |
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17 March 2023 |
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17 March 2023 |