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Citation
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Judgment date
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| September 2015 |
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Court found lawful arrest but unlawful detention and malicious prosecution, awarding special, general and exemplary damages.
Constitutional law — Article 23 (production within 48 hours) — unlawful detention in ungazetted facility; Tort — malicious prosecution — absence of probable cause and malice; Evidence — forgery of commercial receipts; Remedies — special, general and exemplary damages; Interest and costs
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30 September 2015 |
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Delay in providing an emergency caesarean amounted to medical negligence, attracting vicarious liability and damages against the state.
Medical negligence — delay in performing emergency caesarean — duty of care owed on admission — breach causing stillbirth and uterine rupture — vicarious liability of government employer — damages: special, general and punitive; interest and costs
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30 September 2015 |
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Judicial review inappropriate where revision under section 83 is available to challenge small-claims magistrate decisions.
Judicial review – scope limited to decision-making process; not a substitute for appeal or revision – alternative remedy (revision under section 83 Civil Procedure Act) available – challenges to magistrates’ jurisdiction and small claims proceedings should be pursued by revision
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30 September 2015 |
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Whether a board resolution created a contractual entitlement to severance for the applicants.
Employment law – proof of employment by secondary evidence; admissibility of photocopies (Evidence Act s.64); board resolution as creating contractual entitlement to severance; computation and award of special and general damages; interest and costs
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30 September 2015 |
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Garnishee execution without an endorsed judgment/decree is illegal; court set aside execution and ordered refund.
Civil procedure – Garnishee proceedings – Requirement of a valid judgment/decree before execution – Consent agreements not endorsed by court do not constitute enforceable judgments – Registrar’s powers in garnishee examinations – Locus to challenge execution where illegality shown
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29 September 2015 |
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Mandamus order remained uncomplied with; enforcement and disputed computation must be pursued in the Execution Division.
Judgment enforcement – mandamus – non‑compliance with court order – contempt versus execution – proper forum for enforcement is the Execution Division; computation of decretal interest dispute not determinable in this application
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29 September 2015 |
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Court struck out suit against a non-existent defendant but allowed amendment to add the proper Local Government Council, finding no limitation bar.
Civil procedure – amendment and substitution of parties – Order 1 r.10; Non-existent party – cannot be substituted; Local Governments Act s.6 – Local Government Council has corporate personality; Limitation – Law Reform Act limitation treated as three years due to historical error; amendment permitted to add proper defendant
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29 September 2015 |
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A registered proprietor with a proprietary interest may be joined and heard in judicial review challenging allocation of land.
Judicial review — joinder of affected persons — locus standi — proprietary interest — Judicature (Judicial Review) Rules 2009, Rules 6(2) & 10(1) — service on persons affected — right to be heard
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28 September 2015 |
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Whether revocation of NGO registration without hearing breached duty of care and gave rise to tortious damages.
Administrative law – natural justice – right to be heard; Tort against government – negligence and duty of care of regulatory board; Limitation – disability postponing commencement; Damages – special, general and exemplary awards
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18 September 2015 |
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Summary dismissal without investigation breached the plaintiff’s right to be heard; university held vicariously liable.
Employment/contract law - wrongful summary dismissal; right to be heard; vicarious liability of institution for acts of departmental head; proof of special damages
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18 September 2015 |
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Whether registration by the respondent establishes ownership or may be rebutted when the vehicle was purchased for the applicant.
Roads and transport law – Vehicle registration – Section 30 Traffic and Road Safety Act – Presumption that registered person is owner is rebuttable – Documentary evidence (invoices, bills of lading, emails) can displace presumption – Remedies: declaratory relief, transfer of registration, release from custody, injunction, damages
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18 September 2015 |
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Failure to receive hearing notices constituted sufficient cause to set aside dismissal and reinstate the suit.
Civil Procedure — Order 9 r.18 — setting aside dismissal for want of prosecution; sufficiency of cause — failure to receive hearing notice; affidavit of service — late filing undermining proof of notice; reinstatement in interest of justice
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14 September 2015 |
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The defendant was vicariously liable for an employee’s wrongful detention of the applicant’s chattels, constituting trespass to goods.
Tort — Trespass to goods; vicarious liability for employee’s act; ownership and locus to sue for recovery of chattels; effect of settlement agreement on unaddressed relief; foreseeability and remoteness of special damages
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11 September 2015 |
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Whether the applicant showed sufficient cause to transfer two magistrates' court suits to the High Court on balance of convenience.
Transfer of proceedings – Section 18(1) Civil Procedure Act – balance of convenience – venue and forum non conveniens – delay and backlog – applicant-caused delay
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9 September 2015 |
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Senior government officers' emergency commitment bound the state; plaintiff awarded compound interest, damages and costs.
Contract — Government liability — Agency and ostensible authority — Emergency commitments by senior officials — Part payment revives limitation — Procurement irregularities do not void state liability — Compound interest awarded (reduced to 15% p.a. compounded), 6% post‑judgment interest — Nominal general damages and taxed costs
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9 September 2015 |
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Court ordered the contracting authority to withhold UGX 8.5 billion as security pending resolution of the main suit.
Civil procedure – Attachment before judgment – Order 40 rr.1,2,6,12 – Security for appearance – Third-party withholding of contractual payments – Preservation of assets pending suit
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9 September 2015 |
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Appellate court set aside trial judgment for plaintiffs due to inadequate evidence of ownership and unreliable witness testimony.
Land law — proof of title and possession — weight of documentary evidence — credibility of oral witnesses — appellate re-evaluation of evidence; inadequacy of uncorroborated witness testimony to prove ownership
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7 September 2015 |
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Whether pauper plaintiffs may recover disbursements, aggravated damages and interest on unpaid terminal benefits from the Government.
Employment law – terminal benefits – consent judgment confirming verified benefits; Civil procedure – pauper litigation and pro bono representation – recovery limited to disbursements; Damages – aggravated damages for oppressive governmental conduct; Interest – discretionary award under S.26(2) CPA, 10% p.a. on principal, 6% p.a. on aggravated damages
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3 September 2015 |
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Whether an applicant may amend a judicial review to add new parties and causes of action after filing, circumventing limitation and locus issues.
Judicial review — Amendment of notice — Rule 7(2) Judicature (Judicial Review) Rules — Addition of parties vs. amendment of grounds/reliefs — Locus standi — Limitation (three months) — Competency of application — Costs follow the event
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3 September 2015 |