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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 the case to the Labour Officer for first-instance determination.
Employment law; High Court jurisdiction v. specialised tribunals; Section 93 Employment Act; Article 139 Constitution; referral to Labour Officer; access to justice
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28 August 2015 |
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Plaintiff proved indebtedness for goods supplied in a summary suit and obtained judgment on ex parte evidence.
Civil Procedure — Summary suit (Order 36) — Ex parte proceedings (Order 9 r.20) — Burden of proof in ex parte hearings — Sales of goods — Invoices, delivery notes and statement of account as evidence of indebtedness
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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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Adverse possession and limitation barred the appellant's land claim; respondents' title and possession were affirmed.
Property law – Adverse possession – uninterrupted possession (1973–2010) conferring equitable title; Limitation Act s.5 – twelve-year bar to recovery of land; Civil procedure – locus visit discretionary where parties know location; Evidence – credibility and consistency; Sale agreements – evidentiary weight and authenticity; Obiter – constitutionality concerns about dowry refund transactions (Mfimu)
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27 August 2015 |
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Termination was unlawful for lack of a section 66 hearing; employer may not unilaterally vary contractual notice provisions.
Employment law – termination vs dismissal – application of section 66 (right to hearing) – unilateral variation of contract by HR manual – computation of length of service on transfer to successor authority – remedies for wrongful termination (notice, leave, gratuity, damages, refund of deductions)
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27 August 2015 |
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Cancellation of a land title quashed for failure to give statutory notice and a fair hearing despite IGG investigation.
Judicial review – procedural impropriety; natural justice – right to be heard; Land Act s.91(8) – statutory notice, public hearing and communication of decision; Inspectorate of Government – investigative mandate and recommendations; cancellation and reinstatement of certificate of title
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26 August 2015 |
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Whether an improperly constituted council meeting invalidated the plaintiff’s dismissal and affected his employment entitlements.
Employment law — validity of dismissal — constitution and quorum of statutory governing council meetings — promotion validity and salary scale adjustments — cessation of employer NIC scheme and transition to NSSF — entitlement to terminal benefits under standing financial regulations — contingent government-funded salary increments not payable by employer
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25 August 2015 |
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A cooperative society lacked cause of action to sue for members' pensions; pension rights are personal to individual pensioners.
Locus standi; cause of action; representative/associational standing; pension rights personal to beneficiaries; declaratory relief cannot cure absence of cause of action
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25 August 2015 |
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Court reduced excessive taxation awards, recalculated reasonable instruction fees and disbursements, and allowed appeal with costs.
Taxation of costs – instruction fees – Sixth Schedule rules on instruction fees and two-counsel enhancement – judicial restraint in interfering with taxing officers’ awards – necessity and reasonableness of disbursements and travel claims – consistency with precedent
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24 August 2015 |
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Review dismissed: Appeals Tribunal is constituted ad hoc and review prerequisites were not established.
Civil procedure — Review — Section 82 Civil Procedure Act and Order 46 CPR — requirement of new evidence or error apparent on the face of the record; Insurance (Amendment) Act 2011 s.92A — Insurance Appeals Tribunal constituted ad hoc; appeal versus review remedy
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24 August 2015 |
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High Court retains constitutional jurisdiction but employment disputes should be referred first to the Labour Officer and Industrial Court.
Employment law – Jurisdiction – Article 139 High Court’s unlimited original jurisdiction – Section 93 Employment Act requiring complaint to Labour Officer – Industrial Court appellate jurisdiction – statutory remedies do not oust constitutional jurisdiction – referral to Labour Officer
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24 August 2015 |
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Suit held not time‑barred; appellant lacked bona fide purchaser status due to notice and vendor's lack of title.
Limitation Act s.5 – accrual when trespass becomes apparent; bona fide purchaser for value – requirement of no notice and proof of vendor’s title; proof of vendor’s title where vendor is a caretaker; appellate re‑evaluation of evidence (Pandya principle)
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21 August 2015 |
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Negligent cash handling justified discipline, but dismissal was unlawful due to biased and procedurally unfair disciplinary hearing.
Employment law – Summary dismissal – Gross negligence in handling cash – Procedural fairness and apprehended bias in disciplinary hearings – Remedies: notice in lieu, general damages, interest and costs
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20 August 2015 |
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Whether summary dismissal was lawful where employer failed to follow procedures and ensure a fair disciplinary hearing.
Employment law – unfair/summary dismissal – natural justice in disciplinary hearings – employer's failure to implement procedures and train staff – remedies (notice, damages, severance, interest, costs)
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20 August 2015 |
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Court granted leave to appeal, allowing challenges to trial findings (including duress and undue influence), despite an oral application.
Civil procedure – leave to appeal – oral application for leave despite procedural rules – scope of appeal includes alleged duress and undue influence – appellate review of important legal questions
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20 August 2015 |
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A temporary revenue-collection contract existed; council lawfully ended it and the plaintiff owes Ushs.119,000,000 for unpaid remittances.
Contract law – existence and essentials (offer, acceptance, consideration, intention); Public procurement – administrative extension, ultra vires vs directory acts, direct procurement exception; Breach – acquiescence to parallel park and lawful expiry of temporal contract; Revenue counterclaim – recovery of unpaid remittances; Mitigation of loss and pleadings for interest
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20 August 2015 |
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Lease contract allocated all risks to the lessee; audit found lessee indebted and lessor may enforce security.
Finance lease; contract construction; clause allocating risk "from any cause whatsoever"; lessee bears loss and insurance duty; termination requires payment of contractual termination sum; bank write-off does not extinguish borrower liability; audit reconciliation; enforcement of mortgage and chattel security; interest and costs awarded
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20 August 2015 |
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Applicant’s challenge to an administrative transfer failed for lack of proven procedural unfairness or unlawful exercise of power.
Judicial review — prerogative remedies (certiorari, mandamus, prohibition) — administrative transfer of public servant — procedural impropriety / natural justice — legality of redeployment under Standing Orders — weight of Solicitor General’s opinion where no hearing afforded
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19 August 2015 |
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High Court set aside an illegal eight‑month imprisonment order imposed in execution of a civil decree against the applicant.
Civil procedure — Revision under s.83 CPA — Distinction between revision and appeal — Assessment of cause of action an appellate matter — Execution orders — Imprisonment in default of civil decree — s.42(1) CPA maximum six months — Illegal eight‑month sentence set aside
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13 August 2015 |