HC: Civil Division (Uganda) - 2015 October

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8 judgments

Citation	Judgment date
October 2015
Fadel El Mula & Anor Vs Okuti & 2 Ors (HCT – 08 – CV – MA – 0012 – 2015) [2015] UGHCCD 175 (30 October 2015) Whether a temporary injunction should restrain respondents from acting as the kingdom’s ruler pending resolution of a succession dispute. Civil procedure — Temporary injunction — Requirement of prima facie case with probability of success, irreparable injury, and balance of convenience — Customary succession dispute — Legitimacy of enthronement	30 October 2015
Masambu v Kikwe (CIVIL APPEAL NO. 130 OF 2014) [2015] UGHCCD 178 (28 October 2015) The applicant alleged diversion of water by the respondent, but court found no causal link; heavy rains caused the flooding. Tort — negligence and private nuisance — alleged diversion of water — causation — act of God defence (exceptional heavy rains) — appellate re-evaluation of facts — bias allegation unfounded	28 October 2015
Chelimo Vs Sikora (HCT-04-CV-CA-207-2014) [2015] UGHCCD 107 (27 October 2015) An innocent purchaser may recover damages for fraudulent misrepresentation despite an illegal contract. Contract law – Illegality of contract – Exceptions where innocent party (not in pari delicto) may recover; Misrepresentation/fraud – entitlement to special and general damages; Appellate review – re-evaluation of evidence and misdirection by trial court; Proof of special damages; Interest and costs	27 October 2015
Owora Vs Magode & Anor (HCT-04-CV-MA-236-2014) [2015] UGHCCD 106 (26 October 2015) Where service is denied, the plaintiff must prove effective service; insufficient affidavit leads to leave to file defence. Civil procedure — Service of process — Effectiveness of personal service — Affidavit of service must show diligence and particulars — Burden on party alleging service — Leave to file defence where service denied — Time runs from effective service	26 October 2015
Wabwire & Anor Vs Mayende (HCT-04-CV-MA-0122/2012) [2015] UGHCCD 108 (21 October 2015) Whether execution of a consent order in 2000 entitled the creditor to collect rent and obliged appellants to remit excess rents. Civil procedure – consent order enforcement – execution by taking possession – calculation and repayment of excess rent collected – setting aside irregular lump-sum award – notice to show cause – order for vacant possession	21 October 2015
Wamwangana Vs Taika & Anor (HCT-04-CV-CR-0012-2013) [2015] UGHCCD 110 (20 October 2015) Revision granted: judgments set aside for defective service, incompetent affidavit and irregular default proceedings. Civil Procedure – Revision under s.83 – defective service of summons (Order 5) – substituted service – Affidavit formalities (Illiterate Protection Act Cap.78; Commissioner for Oaths) – irregular default judgment and execution – retrial ordered	20 October 2015
Wekesa v Attorney (Civil Suit No. 130 of 2008) [2015] UGHCCD 118 (6 October 2015) Court awarded workers’ compensation and UGX120,000,000 general damages for 80% permanent disability suffered on duty. State liability for assault on judicial officer while on duty; quantum of general damages for permanent disability; aggravated damages not available where perpetrator not sued; workers’ compensation entered; interest and taxed costs awarded	6 October 2015
Registered Trustees of the Pentacostal Assembly & Anor Vs Igga Anyi & 14 Ors (HCT – 08 – CV – CA – 0029 – 2011) [2015] UGHCCD 172 (2 October 2015) Appeal allowed for denial of fair hearing, misappraisal of title evidence, failure to visit locus in quo; retrial and protective injunction ordered. Constitutional law — right to fair hearing — premature closure of defence; Land law — certificate of title (RTA s.59) conclusive absent fraud; Evidence — evaluation of customary ownership v. tenancy; Civil procedure — failure to visit locus in quo; Remedies — setting aside orders, injunction, retrial	2 October 2015