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Citation
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Judgment date
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| 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 |
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High Court retains constitutional jurisdiction, but employment dispute referred to Labour Officer under Employment Act.
Constitutional law – High Court unlimited original jurisdiction (Article 139) – Acts of Parliament cannot oust jurisdiction; Employment law – Section 93 Employment Act – remedy to complain to Labour Officer and appeal to Industrial Court; Civil procedure – striking out for want of jurisdiction; Service of process – late service but no prejudice; Judicial policy – referral to specialised labour forum encouraged.
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24 August 2015 |
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Appeal dismissed: suit within limitation and appellant not a bona fide purchaser due to notice and insufficient vendor title.
Land law – limitation period: accrual when trespass becomes apparent; Bona fide purchaser – necessity of lack of notice and proof of vendor’s title; Evidence – evaluation of minor contradictions and deference to trial court’s credibility findings.
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21 August 2015 |
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The applicant’s summary dismissal for gross negligence was substantively justified but procedurally unfair, entitling compensation and costs.
Employment law – summary dismissal – gross negligence in banking operations; disciplinary procedure – right to fair hearing and reasonable apprehension of bias where investigator sits on panel; fraud must be pleaded and proved to be relied upon; remedies for wrongful/unlawful dismissal (notice payment, general damages, interest, costs).
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20 August 2015 |
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Summary dismissal unlawful due to procedural unfairness, biased process and insufficient evidence linking the plaintiff to theft.
Employment law – unfair/ wrongful summary dismissal – failure to follow principles of natural justice – inadequate disclosure and opportunity to prepare – employer’s procedural failures and acquiescence – insufficient evidence of employee’s receipt of alleged stolen materials – remedies: notice pay, general damages, severance, repatriation, interest and costs.
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20 August 2015 |
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Court granted leave to appeal, allowing challenge to principal findings (including duress/undue influence) despite procedural formalities.
Civil procedure – leave to appeal – discretion to grant leave where important legal issues arise; oral application considered despite procedural requirement for formal application. Appeal scope – appellant permitted to challenge principal findings including alleged duress and undue influence even if not precisely framed at trial.
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20 August 2015 |
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A temporary administrative extension was a valid contract; plaintiff owes Ushs.119,000,000 and defendants did not breach by permitting a parallel park.
Contract formation – administrative extension as valid temporary contract; essentials of offer, acceptance, consideration and intention satisfied. Local government procurement – irregularity in procurement does not necessarily vitiate temporary/necessary administrative extensions; direct procurement allowable in exceptional circumstances. Public authority powers – council entitled to establish additional public vehicular parking; permitting parallel park not breach. Breach and remedies – failure to remit collected revenue establishes counterclaim; general damages and unpleaded interest denied; costs follow the event.
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20 August 2015 |
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Under a finance lease the lessee bore all risks of loss and remained liable for the termination indebtedness.
Finance lease – contractual allocation of risk – clause 5(B)(ii) ‘from any cause whatsoever’ – lessee bears risk and insurance obligation; termination on total loss requires lessee to pay termination sum; reconciliation by joint auditor – indebtedness UGX 435,567,636/=; enforcement of mortgage and chattel security; interest and costs awarded.
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20 August 2015 |
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Applicant failed to prove that a district transfer was unlawful, procedurally unfair, or caused compensable injury.
Judicial review – prerogative reliefs – certiorari, mandamus, prohibition – grounds: illegality, irrationality, procedural impropriety (natural justice) Administrative law – transfers/redeployments of public servants – scope of appointing authority and Standing Orders Natural justice – weight of legal opinions given without hearing affected officer Locus – representation of public bodies and prima facie proof of instruction
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19 August 2015 |
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High Court set aside an illegal eight‑month civil execution sentence against the applicant; revision cannot substitute for appeal over evidence.
Civil procedure – Revision jurisdiction – section 83 Civil Procedure Act – limits of revision v. appeal; assessment of evidence is appellate, not revisional. Execution orders – imprisonment in default of execution – section 42(1) CPA prescribes maximum six months – eight‑month civil sentence illegal and void. Procedural irregularity – directory non‑compliance not fatal where parties attend and participate.
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13 August 2015 |