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Citation
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Judgment date
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| December 2015 |
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Applicant who stood as independent lacked locus standi to challenge party’s internal election decision; application dismissed.
Political parties – Internal election disputes – Appropriate remedy; Locus standi – Effect of a member standing as an independent on party membership and right to challenge internal decisions; Mootness – Applications overtaken by national nomination processes; Affidavit formalities – Curable procedural defects.
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18 December 2015 |
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Judicial review of a parliamentary resolution was struck out as time-barred for being filed after the three-month limit.
Judicial review – limitation – application for judicial review of parliamentary resolution filed outside mandatory three-month period – strict application of Rule 5 Judicature (Judicial Review) Rules 2009 – no extension sought – application struck out; Parliamentary resolutions and Adhoc committees subject to judicial oversight but time-bar rules are strict.
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12 December 2015 |
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Dismissal without a fair disciplinary hearing was unlawful; court awarded special and general damages, interest and costs.
* Employment law – wrongful dismissal – procedural fairness – failure to afford a disciplinary hearing violates right to fair hearing (Article 28(1)). * Breach of contract – termination contrary to terms and conditions of service. * Damages – special damages proved and awarded; general damages awarded for humiliation and loss of employment. * Interest and costs – court awarded interest at 10% and costs.
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2 December 2015 |
| November 2015 |
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Court quashed UNRA's exclusive roadside‑advertising contract as void, struck out claim against Primedia, and awarded damages and costs.
* Administrative law – Judicial review – Applicant must show an act/omission/decision by respondent amenable to review; no cause of action against private contractor where no reviewable act pleaded.
* Company naming – Misdescription of beneficiary as a non-existent company renders a procurement award void ab initio.
* Public procurement – Awarding exclusive advertising rights to a single operator is discriminatory and may unlawfully restrict constitutionally protected freedom of expression.
* Statutory powers – UNRA has authority to manage road reserves and enter into contracts under the UNRA Act 2006; guidelines are management tools and not necessarily ultra vires.
* Remedies – Certiorari to quash unlawful award; prohibition against exclusive roadside-advertising contracts; award of general damages and costs.
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26 November 2015 |
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Proceeding to formal proof while an application to set aside a default judgment is pending warrants revision.
Revision – Magistrates’ orders – "case decided" for revision – interlocutory/default judgment – material irregularity in proceeding to formal proof while set-aside application pending – Section 83 Civil Procedure Act.
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23 November 2015 |
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Failure to extract a decree before appealing is not an error apparent on the record and counsel’s oversight did not justify review.
* Civil procedure – Review – Grounds for review under Section 82 and Order 46 – error apparent on the face of the record; new evidence; other sufficient reason.
* Appeal procedure – Requirement to extract decree before appealing from Magistrates’ Court – substantive requirement in non-record courts.
* Review relief – counsel’s oversight does not automatically constitute sufficient reason for review without evidence of steps taken to comply with the law.
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18 November 2015 |
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Plaintiffs proved ownership; defendants unlawfully impounded goods—court orders valuation, replacement payment and Shs.50,000,000 damages.
Property law – unlawful impoundment and detention of goods; proof of ownership by documentary and witness evidence; landlord–tenant relationship requires evidence (tenancy agreement/notice); inadmissibility of new factual evidence raised only in submissions; remedy—payment of current replacement value and general damages; third‑party indemnity claim dismissed for lack of proof.
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13 November 2015 |
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Judicial review inappropriate to resolve alleged fraudulent acquisition of registered land title; such disputes require ordinary civil or statutory proceedings.
* Judicial review – scope – supervisory remedy concerned with legality, fairness and rationality of public decision-making, not merits of private title disputes. * Land law – Certificate of Title conclusive proof of ownership – impeachment of title requires ordinary suit or statutory cancellation procedures. * Judicial review – fraud allegations affecting title cannot be resolved in summary judicial review proceedings.
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13 November 2015 |
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Appeal allowed: respondent failed to prove ownership or dispossession; claim time‑barred under the Limitation Act; damages set aside.
Land law – ownership and dispossession – proof of title and historical dispossession; Limitation Act (s.5) – actions to recover land time‑barred after 12 years; Declaratory relief – proceedings in court fall within Limitation Act; Constitutional property rights – not established without proof of ownership; Appeal – re‑evaluation of facts on first appeal; Damages – not recoverable where underlying claim fails.
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9 November 2015 |
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Appellants’ possession upheld after trial magistrate’s mis-evaluation; respondent failed to prove customary heirship.
Land law – customary heirship and inheritance claims – burden and standard of proof in land disputes; possession and occupation evidence; appellate reappraisal of facts; weight of inconsistencies and credibility findings; adverse inference from failure to cross-examine.
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9 November 2015 |
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Appellate court ordered retrial where trial magistrate misidentified disputed land and no proof of court-ordered attachment was produced.
* Civil procedure – Appeal – appellate court must re-appraise evidence and reach its own conclusions on fact and law.
* Land law – customary tenure – sale under warrant of attachment – proof of court-ordered execution required to establish lawful acquisition.
* Pleadings – specificity of land description – necessity of clear pleadings to identify disputed land.
* Remedy – retrial ordered where trial court misidentified dispute and essential execution documents are absent.
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4 November 2015 |
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Applicant’s pre-election constitutional challenge struck out for failing to exhaust statutory electoral remedies and for inadequate, non‑particularised pleadings.
Electoral law – Section 15 Electoral Commission Act – mandatory statutory complaints procedure and appeal to High Court; Constitutional remedies – Article 50 not to be used to bypass statutory electoral grievance mechanisms; Civil procedure – Order 6 rr.2,3,5 – necessity to particularise bad faith/ultravires allegations; Immunity – Section 49 Electoral Commission Act provides protection for acts done in good faith but is not absolute; Procedure – Article 50 enforcement suits should be commenced by plaint, not Notice of Motion.
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4 November 2015 |
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Appellate court upheld dismissal of a claimed gift and apportioned the deceased’s land among family members.
* Evidence – donation of land – oral testimony insufficient where written agreement alleged lost; absence of documentary proof fatal to claim of gratuitous transfer.
* Succession/Inheritance – recognition of person accepted into family and entitlement to share in deceased’s estate.
* Appellate procedure – first appellate court may re-evaluate evidence and exercise inherent powers to resolve the real controversy and order distribution of estate.
* Family law – promotion of family unity through judicially ordered apportionment of deceased’s land.
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4 November 2015 |
| October 2015 |
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Temporary injunction refused where applicant failed to show irreparable harm and balance of convenience favoured respondents.
Civil procedure – Interim relief – Temporary injunction – Requirements: prima facie case, irreparable injury, balance of convenience; court refused injunction where irreparable harm not established and balance favoured respondents; weight given to governing councils’ resolutions.
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30 October 2015 |
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Flooding from heavy rains, not the respondent’s actions; appeal dismissed for lack of causal link.
Tort — Negligence and private nuisance — Alleged diversion of natural watercourse — Causation and act of God — Appellate re-evaluation of credibility and findings — Claims of judicial bias and miscarriage of justice.
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28 October 2015 |
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An illegal contract does not bar an innocent party from recovering proven damages for fraudulent misrepresentation.
Contract law – illegal contracts – exception where parties not in pari delicto – misrepresentation and fraud – recovery of payments and damages; proof of special damages; appellate review for misdirection and failure to frame issues causing miscarriage of justice.
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27 October 2015 |
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Where affidavit of service fails to prove effective personal service, the defendant may be granted leave to file a defence.
Civil procedure – service of process – affidavit of service – strict compliance and proof of effective personal service under O.5 CPR – burden on party relying on service – time runs from effective service – leave to file defence where service not proved.
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26 October 2015 |
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Whether execution of a 2000 consent order occurred in 2000, making appellants liable to repay rent collected in excess since 2004.
Civil procedure – enforcement of consent order – execution and delivery of vacant possession – determination of when possession commenced; calculation and repayment of excess rent; appellate review of Assistant Registrar’s orders.
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21 October 2015 |
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Defective service, uncommissioned affidavit and irregular default judgment warranted setting aside and retrial.
Civil procedure — Revision under ss.83 & 98 CPA — Defective service of summons (Order 5) — Improper affidavits and attestation requirements — Irregular default judgment and execution — Remedy: setting aside and retrial.
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20 October 2015 |
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Court awarded workers’ compensation and substantial general damages for an 80% disability suffered by a magistrate assaulted on duty.
Tort/delict – employer/state liability for assault on a public officer while acting in course of employment; assessment of quantum of damages; workers’ compensation recognition; aggravated damages discretionary and unavailable where perpetrator not sued; compensation for permanent disability, pain, suffering and future medical needs.
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6 October 2015 |
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Appeal allowed: closure of defence and failure to visit locus in quo breached fair hearing; retrial ordered; title protected.
Land law – procedural fairness – premature closure of defence; title evidence – s.59 RTA – certificate of title conclusive absent fraud; locus in quo – necessity of site visit where boundaries and physical developments are disputed; remedy – retrial and protective injunction.
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2 October 2015 |
| September 2015 |
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Prolonged unlawful detention and malicious prosecution by state agents warranted compensatory and exemplary damages.
Constitutional law — right of arrested person to be produced in court within 48 hours; unlawful detention in ungazetted places. Tort — malicious prosecution: elements of institution by state, lack of probable cause, malice, and favourable termination. Evidence — requirement to strictly prove special damages; expert handwriting analysis undermining documentary proof. Remedies — compensatory, exemplary damages and interest for arbitrary or oppressive state conduct.
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30 September 2015 |
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Respondents liable for negligent delay in emergency caesarean, causing stillbirth and maternal injury.
* Medical negligence – failure to perform emergency caesarean leading to stillbirth and uterine rupture – duty of care and breach; * Vicarious liability – employer liable for negligent acts of hospital staff; * Damages – special, general and exemplary damages awarded; * Limited resources/equipment not a lawful defence to inexcusable delay in emergency care.
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30 September 2015 |
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Judicial review inappropriate where revision under section 83 is available to challenge a magistrate’s small claims decision.
Judicial review — supervisory remedy concerned with decision‑making process; not an appeal. Revision under s.83 Civil Procedure Act is the proper remedy to challenge magistrates’ exercise of jurisdiction in small claims; alternative remedies preclude Judicial Review absent inadequacy.
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30 September 2015 |
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Board resolution to pay severance binds employer; plaintiffs entitled to severance, interest and costs.
Employment law – proof of employment where written contracts absent – admissibility of photocopies as secondary evidence; corporate minutes – effect of board resolution to pay severance; board resolution as contractual entitlement; assessment and proof of special and general damages; interest and costs awarded.
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30 September 2015 |
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Garnishee orders based on an unendorsed settlement were illegal; execution set aside and funds ordered refunded.
Civil procedure – Execution and garnishee proceedings; requirement of an extractable judgment or endorsed consent for execution; unendorsed settlement not a decree; Court of Appeal order directory and not self-executing; garnishee examination and compliance; locus to challenge on grounds of illegality; setting aside illegal execution and refund of funds.
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29 September 2015 |
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Enforcement of a mandamus-ordered payment belongs in the Execution Division; this court declined to grant committal here.
• Judicial review / mandamus – prerogative order directing payment of decretal sums and extraction of Certificates of Order; enforcement remedies.
• Contempt of court – alleged disobedience to judgment; requirement that parties comply with orders or lawfully challenge them.
• Execution procedure – Execution Division of the High Court is the proper forum for enforcing monetary judgments and seeking committal for non-compliance.
• Interest and computation disputes – contested arithmetic/interest calculations should be clarified in execution/enforcement proceedings.
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29 September 2015 |
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Court struck out proceedings against a non-existent defendant but allowed amendment to add the proper Local Government Council.
Civil procedure – amendment and substitution of parties – Order 1 rule 10 – limits where party has no legal existence; Local government – corporate personality – Local Government Council may sue or be sued; Limitation – actions under Law Reform Act treated as three-year period due to historical revision error; striking out non-existent parties.
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29 September 2015 |
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A registered proprietor with a proprietary interest may be joined and heard in judicial review proceedings under the JR Rules 2009.
Judicial review – joinder of interested parties – locus standi of a registered proprietor – Judicature (Judicial Review) Rules 2009, Rules 6(2) and 10(1) – right to be heard of persons affected by the application.
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28 September 2015 |
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Revocation of NGO registration without hearing breached duty of care; plaintiffs awarded damages, interest and costs.
Administrative law – Revocation of NGO registration – Requirement to accord audi alteram partem – Board’s supervisory duty to public and organisations – Breach of duty gives rise to actionable negligence; Limitation law – suspension of limitation where plaintiff under disability until reinstatement; Civil procedure – pleadings and striking out defence; Damages – necessity to plead and prove special damages.
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18 September 2015 |
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Whether a university wrongfully dismissed a student without hearing and is vicariously liable for its lecturer's actions.
Administrative law/contract – student admission and termination; procedural fairness – right to be heard prior to dismissal; vicarious liability of university for acts of departmental head/lecturer; proof and quantum of special and general damages; mitigation of loss and aggravated damages.
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18 September 2015 |
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Registration creates a rebuttable presumption of ownership; documents proved the plaintiff’s ownership over the respondent.
* Motor vehicle ownership – Registration under s.30 Traffic and Road Safety Act creates a rebuttable presumption of ownership; * Documentary and transaction evidence (invoice, bill of lading, emails) can rebut registration presumption; * Procurement officer’s use of personal TIN to import and register company vehicles may amount to fraudulent registration; * Remedies: declaration of ownership, re-registration, release from custody, injunction, damages and costs.
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18 September 2015 |
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Non-service of hearing notices constituted sufficient cause to reinstate a suit dismissed for want of prosecution.
* Civil procedure – setting aside dismissal for want of prosecution – Order 9 r 18 – requirement to show sufficient cause. * Service – non-service of hearing notices as sufficient cause for non-appearance. * Evidence – probative value of an affidavit of service filed long after the event. * Judicial discretion – reinstatement in the interest of justice.
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14 September 2015 |
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Defendant vicariously liable for employee’s instruction to impound plaintiff’s vehicles, constituting trespass to goods and leading to damages and release order.
Tort — Trespass to goods by directing police to detain another's chattels; Vicarious liability for employee acts within course of employment; Locus standi to sue for recovery of impounded property; Settlement/consent judgment does not bar unrelated recovery of chattels; Award of general (but not speculative special) damages; Order for immediate release and interest.
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11 September 2015 |
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Application to transfer two suit files to High Court denied for wrong legal basis, locality of cause and applicant-caused delay.
Civil procedure – transfer/withdrawal of suits – power under Section 18(1) Civil Procedure Act; balance of convenience; venue and locality of cause of action; party conduct and delay; discretionary nature of transfer.
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9 September 2015 |
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Government liable for unpaid contractual medical fees; court awarded reduced compound interest, damages and costs.
Contract – Government liability – Binding contractual obligation created by instruction of senior officers despite procurement irregularities; delay in payment – part payment resets limitation; breach – entitlement to compound interest (reduced by court) and damages; evidentiary weight of handwriting expert vs witness admission.
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9 September 2015 |
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Court ordered UNRA to withhold 8.5 billion payable to the 1st respondent pending resolution to preserve applicant's claim.
* Civil procedure – Interlocutory relief – Attachment before judgment and security for appearance under Order 40 rr.1,2,6,12; preservation of assets pending suit.
* Evidence – Capacity to satisfy decree; residency/addresses of corporate directors as factor in risk of dissipation.
* Contracts – Withholding of payments due under government contract to secure potential judgment.
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9 September 2015 |
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Appellate court allowed appeal for lack of credible evidence of plaintiffs' ownership and accepted appellant's unchallenged documentary proof.
Land law – ownership disputes – burden and quality of evidence – admissions by parties’ witnesses – untendered or unchallenged documentary evidence – first appellate court re-evaluation of evidence and credibility.
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7 September 2015 |
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Pauper plaintiffs may recover disbursements only; government liable for terminal benefits with aggravated damages and interest awarded.
Public law/contractual entitlements – state liability for verified terminal benefits; civil procedure – pauper litigation and recoverable costs (disbursements v. instruction fees); damages – award of aggravated damages for oppressive government conduct; interest – discretionary award under s.26(2) CPA (10% on principal; 6% on aggravated damages).
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3 September 2015 |
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An application to amend a judicial review to add parties and new causes of action was denied as improper and time‑barred; dismissed with costs.
Judicial review — Amendment of proceedings — Rule 7(2) Judicature (Judicial Review) Rules — Amendment permits additional grounds/reliefs not addition of parties or new causes of action — Locus standi — Limitation period — Competence of amendment.
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3 September 2015 |
| August 2015 |
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High Court retains constitutional jurisdiction over employment disputes but referred this claim to the Labour Officer for initial determination.
* Employment law – jurisdiction – Section 93 Employment Act – remedy by complaint to Labour Officer and appeal to Industrial Court; * Constitutional law – High Court unlimited original jurisdiction under Article 139(1) – Acts of Parliament cannot oust constitutional jurisdiction; * Civil procedure – service of interlocutory application out of time – no prejudice, matter heard on merits; * Judicial administration – referral to specialised labour forum where operational.
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28 August 2015 |
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Plaintiff proved debt by invoices and account statement; ex parte judgment awarded UGX 174,593,471/- with costs.
Civil procedure – Summary suit (Order 36) – ex parte hearing after default – burden of proof remains on plaintiff; invoices, delivery notes and statement of account as evidence of debt.
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27 August 2015 |
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Court refused leave to appeal a procedural ruling and ordered completion of cross‑examination before disposing of preliminary objections.
Judicial review — case management — timing of preliminary points of law — trial judge’s discretion to sequence cross‑examination and disposal of preliminary objections; interlocutory appeals — leave to appeal against procedural rulings ordinarily refused absent substantive point of law; fairness — right to re‑examination after cross‑examination.
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27 August 2015 |
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Applicant’s land claim dismissed: respondents acquired title by adverse possession and claim was time‑barred.
Land law — Adverse possession — uninterrupted possession (circa 1973–2010) creates equitable interest and title; Limitation Act (s.5) — twelve‑year bar to recovery actions; Evidentiary credibility — inconsistent claimant testimony; Locus visit not necessary where parties know land and claimant fails to prove title; Dowry‑refund transactions noted but decision based on possession and limitation.
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27 August 2015 |
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Termination disguised as contractual ‘payment in lieu’ was unlawful without a statutory disciplinary hearing; remedies awarded.
* Employment law – termination vs dismissal – substance over form: where termination is for alleged poor performance, Section 66 (right to be heard) applies.
* Employment contracts – unilateral variation: employer cannot enforce less favourable contractual terms by issuing a new HR manual without employee consent.
* Remedies – payment in lieu, gratuity, untaken leave, four weeks net pay under s66(4), general damages, refund of unlawful deductions, interest and costs.
* Length of service – successor body entered new contract; employment counted from date of new contract (1 July 2003).
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27 August 2015 |
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The registrar’s cancellation of the applicant’s title was quashed for failure to comply with statutory notice and hearing requirements.
Administrative law – Judicial review of Registrar’s decision to cancel certificate of title – Compliance with Section 91 Land Act (21‑day notice, service, public hearing, communication of decision) – Natural justice and procedural propriety; Inspectorate of Government – mandate to investigate and recommend – limits of judicial review.
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26 August 2015 |
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Termination by an improperly constituted council was invalid; promotion valid; terminal benefits and damages awarded, salary-increment claim dismissed.
Employment law – wrongful dismissal – statutory constitution and quorum of governing council meetings; promotion validity – reliance on signed director’s letter and long possession of the post; salary scale correction by director; termination of in-house pension scheme (NIC) and switch to NSSF; entitlement to terminal benefits under financial regulations – "period served" includes prior service; contingent budgetary increments not payable until government funds released.
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25 August 2015 |
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A cooperative society lacked cause of action and standing to sue over its members' individual pension entitlements without authorization.
Cause of action; locus standi; representative/derivative claims; pension rights personal to individual pensioners; declaratory relief does not confer standing; Auto Garage test (right, violation, liability); requirement of mandate/authorization and membership evidence.
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25 August 2015 |
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Taxation appeal reducing excessive instruction fees and disbursements, affirming two-counsel certificate; appeal allowed with costs.
Advocates' costs — taxation of bill — instruction fees — Sixth Schedule application and uplift for two counsel — appellate interference limited to cases causing injustice — reasonableness of disbursements and need for receipts.
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24 August 2015 |
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Review dismissed: Appeals Tribunal sits ad hoc and applicant failed to meet statutory review requirements.
* Civil procedure – Review under Section 82 CPA and Order 46 CPR – requirements: new evidence, mistake apparent on face of record, or other sufficient reason; * Administrative/insurance law – Insurance Appeals Tribunal constituted on an ad hoc basis under s.92(A) Insurance (Amendment) Act 2011; * Remedy – when appeal, not review, is the appropriate route.
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24 August 2015 |