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Citation
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Judgment date
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| May 2015 |
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Discovery application struck out as incompetent and abusive where no suit was pending; Judicial Service Commission lacks legal personality.
Civil procedure — Interlocutory discovery — Requirement of a SUIT pending before the court — Order 10 rr.12,14 CPR; Judicial Service Commission — not a legal personality — cannot be sued; Abuse of process — fishing expedition; Constitution — Articles 41, 50, 126, 274 do not displace procedural rules
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28 May 2015 |
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Failure to visit locus and misassessment of conflicting evidence in a land dispute warranted retrial and recognition of the applicant’s interest.
Land law – adverse possession by widow – cause of action for trespass – conflicting evidence on plot dimensions – failure to visit locus in quo – misapprehension of evidence – retrial ordered
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28 May 2015 |
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Appeal allowed: trial court’s failure to visit locus and misapprehension of evidence warranted retrial; appellant held to have an interest.
Land law – widow’s occupation/adverse possession – cause of action for trespass and vacant possession; appellate re-evaluation of evidence; failure to visit locus in quo in land disputes is a fatal irregularity; contradictions in boundary descriptions and sale evidence; retrial ordered
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28 May 2015 |
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Appellate court set aside trial judgment for misassessment of evidence and entered judgment for the appellant, recognizing auction purchaser's title.
:[
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28 May 2015 |
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Appellant’s claim based on an invalid Will failed; appellate court refused to consider new issues raised for first time on appeal.
Land law – trespass and ownership – validity of testamentary instrument – Will rejected as non-compliant; Evidence evaluation – appellate limits on raising new issues not before trial; Letters of Administration; Costs awarded
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27 May 2015 |
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Suit dismissed: no cause of action absent retainer and claim barred by prior determination (res judicata).
Civil procedure – plaint must disclose a cause of action (plaintiff must have enjoyed a right which was violated); res judicata and abuse of court process – matters previously determined in Civil Review bar relitigation; vicarious liability – no liability where no retainer or professional relationship exists
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27 May 2015 |
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Court held defendants’ leases were validly enlarged and plaintiff’s overlapping lease claim failed; suit dismissed with costs.
Land law – lease enlargement/automatic enlargement upon compliance with development covenants – Torrens system – conclusiveness of certificate of title – Section 59 and Section 176 Registration of Titles Act – overlapping surveys and superimposition – remedies and specific performance
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27 May 2015 |
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Long, undisturbed occupation held to evidence an inter vivos gift; appellants’ claim dismissed for acquiescence.
Property law — inter vivos gift — prolonged undisturbed occupation as evidence of donation; acquiescence and laches as equitable defences extinguishing claims; evidentiary weight of annexed but non‑exhibited documents; credibility of witnesses who were minors at relevant times
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26 May 2015 |
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The appellant was liable for trespass for blocking an existing right of way; power of attorney invalid after lease expiry.
Property law – Trespass to land – Right of way/easement – Existence of pre‑existing access distinguished from creation under the Access to Roads Act – Evidence and corroboration – Validity of power of attorney where lease expired
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21 May 2015 |
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A vesting order was refused for lack of proof of sale and where the registered proprietor appeared alive and reachable.
Land registration – Vesting order – Requirements for vesting: proof of sale, payment, occupation with owner’s knowledge – Registered proprietor alive and available – Exhaustion of ordinary remedies (suit, substituted service, advertisement) – Ex parte relief refused
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21 May 2015 |
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Leave to appeal refused because revision was premature; revision is limited to finally determined magistrate's cases.
Civil Procedure – Revision jurisdiction under section 83 CPA – revision limited to cases "which has been determined" – premature revision not permissible; initiation of revision normally by the High Court/Registrar not by party's Notice of Motion; striking out written statement of defence not necessarily final
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15 May 2015 |
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Whether the IGG may, under section 46, direct the applicant's removal from public office absent a court order.
Anti‑Corruption Act s.46 — statutory disqualification on conviction; interpretation of "shall be disqualified" as mandatory; Inspectorate of Government's power to enforce removal; judicial review limited to illegality, irrationality and procedural impropriety; High Court circuit jurisdiction
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14 May 2015 |
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Minister's deportation without hearing breached constitutional rights; order quashed, damages and costs awarded.
Immigration law – Deportation powers (s.52(g), s.60(1)) – Judicial review – Procedural fairness and right to be heard – Unlawful detention – Certiorari – Damages for unlawful deportation and detention
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12 May 2015 |
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Appeal succeeds partly: specific performance wrongly ordered against heir without Letters of Administration; costs issues upheld and corrected.
Land law — specific performance — enforceability of relocation/compensation agreement; succession — necessity of Letters of Administration to enforce deceased's rights; costs — judicial discretion to award or withhold costs; appellate correction of omitted trial court order
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12 May 2015 |
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Application to dismiss for want of prosecution was premature due to mandatory mediation; suit referred to mediation with timetable and consequences.
Civil procedure – dismissal for want of prosecution (Order 17 r.5) – impact of mandatory mediation (S.I. 10/2013) on timeframes – late affidavit struck out for lack of authority and falsehoods – court’s discretion to refer to mediation and protect substantive justice
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8 May 2015 |
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Summary dismissal without statutory or constitutional fair hearing was unlawful; plaintiff awarded UGX 20,000,000 and costs.
Employment law – summary dismissal – right to fair hearing and natural justice – s.66 Employment Act – unlawful dismissal – award of general damages
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8 May 2015 |
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Procedure error by Notice of Motion excused where full trial occurred; general damages set aside for lack of pleading or proof.
Procedure — Mode of instituting suit: Notice of Motion not proper as substitute for plaint; substantive justice may preclude striking out after trial
Evidence — Evaluation and credibility: trial court entitled to find landlord-tenant relationship on rent collection and conduct
Damages — General damages require pleading and evidential proof; unpleaded/unproven awards are unsustainable
Civil procedure — Preliminary objection to form must be raised timely; later reliance on technicality may be barred
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7 May 2015 |
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An application to amend a time-barred plaint to cure locus standi and limitation was disallowed as mala fide and prejudicial.
Civil procedure – Amendment of pleadings – Order 6 r.19 CPR – Amendment intended to cure locus standi and limitation – Mala fide amendments – Time-barred plaint cannot be amended – Prejudice and costs
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7 May 2015 |
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Appeal dismissed: appellant was not a bona fide purchaser and trial court’s ownership and eviction finding upheld.
Land law – jurisdiction of Magistrates post-Land Tribunals commencement; transitional provisions preserving pending cases; bona fide purchaser for value – purchaser’s knowledge of existing dispute and seller's defective title; procedural fairness – right to call witnesses and tender documents; appeal dismissed, trial ownership and eviction upheld
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7 May 2015 |
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Whether the applicant may seek judicial relief over party leadership when the president remains de facto in office and internal remedies exist.
Judicial review — political party governance — term of office and transitional constitutional provisions — delegation of presidential powers under party constitution — resignation standard of proof — mandamus, certiorari and prohibition — exhaustion of internal party remedies
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6 May 2015 |
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Applicant failed to prove grounds to review or set aside a lawfully entered consent decree; fraud unproven.
Civil Procedure Act s.82 – judicial review of decrees; consent decree – validity and effect; service on counsel; allegation of fraud; requirements for review (new evidence, mistake on face of record, sufficient reason)
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6 May 2015 |
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Appellant failed to prove land ownership; trial magistrate rightly evaluated evidence and was not required to call a handwriting expert.
Civil evidence – burden of proof on person alleging facts – land ownership disputes – evaluation of competing sale agreements; Procedure – court’s duty to call expert evidence – handwriting expert not required where issue not raised at trial; Allegation of collusion/fraud – must be proved with evidence; Appellate review – re-evaluation of evidence and findings of trial court
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6 May 2015 |
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The plaintiff wrongfully dismissed from a fixed‑term contract is entitled to remuneration for the remaining term; special allowances not proven.
Employment law – wrongful dismissal – fixed‑term contract without termination clause – damages equal to remuneration for remaining contract term; proof of special damages; exemplary damages; NSSF claims locus standi
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5 May 2015 |
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Article 50 procedure cannot substitute for an ordinary suit seeking detailed compensation, title cancellation or unpleaded fraud; application dismissed.
Constitutional enforcement (Art.50) – public interest vs. individual/defined-group claims – representative action requires compliance with Order 1 Rule 8 – fraud must be specially pleaded (Order 6 R.3) – substantive compensation and title disputes require ordinary suit, evidence and cross-examination
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4 May 2015 |