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Citation
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Judgment date
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| February 2015 |
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High Court upholds Family and Children Court garnishee execution for child welfare; bank lawfully complied with court orders.
Children law – Family and Children Court jurisdiction; welfare principle paramount; enforcement of maintenance orders; garnishee/debit orders – bank compliance with court orders; execution in another magisterial area – judicial discretion under Civil Procedure Act; revisionary jurisdiction and hardship.
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27 February 2015 |
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Judicial review was appropriate, but applicant failed to prove unlawful termination or entitlement to reinstatement; application dismissed with costs.
Judicial review – prerogative orders (certiorari, mandamus, prohibition, injunction) – appropriateness; Administrative law – natural justice/right to be heard; Ultra vires and legality of Board and Minister actions under Uganda Broadcasting Corporation Act 2005; Availability of alternative remedies and necessity to join/serve interested third parties; Damages in judicial review claims.
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20 February 2015 |
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State vicariously liable for negligent labour management causing cord prolapse, asphyxia and permanent brain damage; general damages awarded.
Medical negligence – obstetric management – unauthorised artificial rupture of membranes, cord prolapse and delayed delivery – causation of hypoxic brain injury; vicarious liability of State hospital; failure to prove special damages; quantum of general damages.
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20 February 2015 |
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Specific performance denied where seller lacked title; plaintiff awarded refund, interest and costs.
Land law – sale of land – vendor without title – purchaser’s equitable interest – specific performance not available where seller never held title; remedy is restitution (refund) with interest and costs.
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19 February 2015 |
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A Notice of Appeal does not commence a competent High Court appeal; a late memorandum cannot cure the defect, so stay was refused.
Civil procedure – Appeals – Order 43(1) CPR requires commencement of appeals by filing a Memorandum of Appeal; a Notice of Appeal is not a competent commencement. Civil procedure – Competence of appeal – A late Memorandum of Appeal given a different appeal number cannot cure an earlier defective appeal filed out of time. Civil procedure – Stay of execution – Order 43 r.4(1) CPR permits stay only where a competent appeal exists. Procedural remedy – Where an appeal is defective or late, the proper remedy is withdrawal and application for extension of time.
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19 February 2015 |
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A dismissal for non-attendance that was not heard does not bar reinstatement; counsel’s negligence need not bind a diligent litigant.
Civil procedure – dismissal for non-attendance – res judicata – O.9 r22, r23, r27; negligence of counsel – when it binds a client; discretion on late filings; transfer to Industrial Court; stay of execution.
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17 February 2015 |
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Appellate court revoked magistrate’s grant over disputed paternity and procedural irregularities, appointing the Administrator General to administer the estates.
Succession law – letters of administration – entitlement and proof of paternity; Customary law vs written law – clan decisions on inheritance cannot override statutory succession provisions; Civil procedure – irregularity of single application for two estates and lack of proof of death; Administrator General – appointment under s.4(5) where peculiar circumstances exist; Jurisdiction – large estates may be for the High Court.
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12 February 2015 |
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Review dismissed because LC.I exercised jurisdiction before the constitutional ruling, so its judgment remained valid and enforceable.
Civil Procedure – Review under Sections 82 and 98 CPA; Effect of subsequent constitutional rulings on prior LC.I jurisdiction; Non‑retrospectivity of judicial decisions; Enforceability of LC.I judgments; Competence of review applications.
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12 February 2015 |
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Whether time was of the essence for payment and whether the plaintiff merits specific performance despite missed deadline.
Property law – Sale of land; clause making time of essence – conduct and waiver by vendor; post‑dated cheques and Bills of Exchange Act; equity and specific performance; application of Judicature Act s.14 allowing equitable relief despite contractual lapse clause.
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11 February 2015 |
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Amendment refused where it would introduce new subject matter or revive issues already adjudicated.
• Civil procedure – Amendment of pleadings – Order 6 r.19 CPR – amendment permissible to determine real questions in controversy but only where new facts were not known at filing and amendment does not change subject matter; • Res judicata – prior judicial review on same subject matter bars re-litigation; • Administrative law – challenge to regulatory decisions subject to statutory time limits (Universities and Tertiary Institutions Act).
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9 February 2015 |
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Long occupation or informal agreements do not defeat a registered title; appellants failed to prove customary bibanja rights.
Land law — registered title conclusive (s.59 RTA); customary/bibanja rights — proof and compliance with Busuulu & Envujjo Law 1928; Land Reform Decree 1975 — statutory formalities for transfers; trespass — burden to prove proprietary right; civil procedure — competence of appeals, requirement for memorandum, consolidation and consequences of failure to file submissions.
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6 February 2015 |
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Magistrate lacked jurisdiction to set aside High Court execution; matter should have been referred to the High Court.
Civil procedure – Jurisdiction – Magistrate’s court lacks jurisdiction to review or set aside execution/warrant issued by High Court; proper remedy is in High Court. Civil procedure – Referral – Where lower court is seised of matter challenging higher court process, it should decline jurisdiction and refer under s.18(1) CPA. Civil procedure – Irregularities – Entertaining objections outside pleadings, deciding on preliminary objections without evidence, and awarding damages without hearing evidence constitute material irregularity.
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3 February 2015 |
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A suit dismissed for inactivity under Order 17 r6(1) cannot be reinstated; the remedy is a fresh suit subject to limitation, and costs were ordered personally against counsel.
Civil procedure – dismissal for inactivity (Order 17 r 6(1)) – No provision to reinstate; remedy is fresh suit subject to limitation (Order 17 r 6(2)). Misapplication of Order 9 r 23 where dismissal arose under Order 17 r 6(1). Costs – personal costs may be ordered against counsel for careless conduct.
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2 February 2015 |