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Citation
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Judgment date
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| December 2012 |
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Accusatory letter to authorities was defamatory per se; qualified privilege failed due to malice; damages awarded.
Defamation — libel per se — publication to interested parties — qualified (conditional) privilege — absence of private interest and actual malice — general damages, interest and costs awarded
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5 December 2012 |
| November 2012 |
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Kampala Capital City Authority Act 2010 led to the lawful frustration of employment contracts without fault of either party.
Employment Law – Frustration of contract – Change in law and its impact on existing employment contracts – Doctrine of frustration applied to governmental restructure.
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15 November 2012 |
| October 2012 |
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Plaintiffs' claims of negligence dismissed due to insufficient evidence linking the defendant to fire's cause.
Tort Law – Negligence – Damages – Res Ipsa Loquitor – Burden of Proof.
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5 October 2012 |
| September 2012 |
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Appellate court upheld cancellation of an illegal sale of family land, ordering the appellant to vacate and refund the purchase price.
Land law — family land and limits on sale by administrator; validity of posthumous registration via Letters of Administration; evaluation of evidence on appeal; locus in quo visit not established; cancellation of illegal sale and restitution
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21 September 2012 |
| July 2012 |
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Certificate of urgency to hear an internal party nomination challenge refused for lack of urgency and procedural defect.
Court vacation – Certificate of urgency – Internal political party nomination disputes – East African Legislative Assembly elections – Procedural completeness (attachment of decision sought to be quashed)
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18 July 2012 |
| June 2012 |
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High Court set aside magistrate's dismissal where applicant appeared by principal officer and counsel was absent, ordering merits hearing.
Civil procedure — Revision under section 83 CPA — Dismissal for absence of counsel — Presence of principal officer — Material irregularity — Costs
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20 June 2012 |
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A Children and Family Court lacks jurisdiction over land disputes; its order was set aside and parties directed to the proper forum.
Jurisdiction — Children and Family Court — Land dispute — Court lacking jurisdiction to determine sale/ownership of land — Order set aside — Parties to proceed to proper forum — Costs: each party to bear own costs
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18 June 2012 |
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Appellant proved ownership by documentary and credible oral evidence; trial court's speculative reasoning reversed and vacant possession granted.
Land dispute – ownership of school land – evaluation of minor inconsistencies in witness testimony – weight of documentary records versus oral evidence – appellate review of credibility and speculative findings – trespass, vacant possession and permanent injunction
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12 June 2012 |
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Judicial review application dismissed due to unreasonable delay in challenging a civil service dismissal decision.
Judicial review - delay in application - dismissal from civil service - rules of natural justice - time-barred claims
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1 June 2012 |
| May 2012 |
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Court set aside summary judgments for questionable service, allowed defences including set-off, and ordered applicants’ release.
Civil procedure – Revision of summary judgment – Validity of service of summons – Leave to defend in summary suits – Set-off as a triable issue – Access to justice – Setting aside judgment and execution orders – Release of civil prisoners
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8 May 2012 |
| April 2012 |
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Whether a registered title procured with notice and misdescription can be impeached where the applicant had equitable interest and possession.
Registration of Titles Act s.176 – Fraud in procurement of registered title – Equitable interest arises on payment of premium – Notice by possession and objection – Misdescription and breach of audi alteram partem vitiating title – Remedies: declaration, cancellation of certificate, injunction, costs
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30 April 2012 |
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Court held State evictions unlawful, restored possession subject to Lokeris Line, and awarded damages and costs.
Land law – customary and leasehold title – validity of governmental eviction and compulsory acquisition – constitutional protection of property (Article 26) – necessity of lawful procedure and compensation – demarcation of boundary (Lokeris Line) – remedies including restitution, injunction, general and exemplary damages
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25 April 2012 |
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Whether customary and leasehold occupants were lawfully evicted by the State and what remedies follow for unlawful eviction.
Land law – customary and leasehold ownership – unlawful State eviction – constitutional protection of property (Art 26) – Lokeris Line demarcation – remedies: possession, injunction, general and exemplary damages
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25 April 2012 |
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The applicant's malicious prosecution claim was not res judicata and disclosed a cause against the respondent officer.
Civil procedure – Res judicata – malicious prosecution claim not barred where earlier suit was premature; Cause of action – acts beyond official duty may attract personal liability; Accrual of action – malicious prosecution claim arises after conclusion of prosecution; Preliminary objections – disallowed; Costs in the cause
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19 April 2012 |
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Whether the plaintiff validly entered a five-year employment contract and whether the defendant unlawfully breached it.
Employment law – formation and validity of fixed-term contract – resignation and transfer from prior employer – breach of contract by denial of employment and non-payment – IGG recommendation not binding on separate employer – frustration of contract – assessment of special and general damages and interest
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12 April 2012 |
| February 2012 |
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The objector proved possession and interest, so attachment and the subsequent judicial sale were unlawful and set aside.
Execution/Attachment (Order 22) – Objection to attachment – Proof of interest and possession at date of attachment determinative – Judicial sale nullifiable where sale contravenes court directions and statutory procedure – Possession, not full title, is primary inquiry in objection proceedings
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10 February 2012 |
| January 2012 |
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30 January 2012 |