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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 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 |
| July 2015 |
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A judgment and execution were set aside where the trial court wrongly proceeded against a different person than the defendant named in the pleadings.
Civil procedure – misnomer of defendant – pleadings must correctly identify defendant; amendment required where wrong party sued.\nCivil procedure – nullity/irregularity of proceedings – judgment and execution against a person not properly sued are voidable.\nAppeal – fresh evidence – appellate court may not cure fundamental procedural errors due to misnaming on appeal; remedy is retrial.\nLocus standi – a person who was not the named defendant has no locus to benefit from judgment or costs.\nCosts and taxation – irregular or unexplained taxation and unpleaded awards vitiate the trial outcome
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30 July 2015 |
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Court quashed illegal two-year trespass sentence, reduced malicious-damage sentence, and set aside unlawful compensation orders.
Criminal law — Magistrates' sentences — Review under s.173/174 MCA and s.50 CPCA — Illegality of sentence exceeding statutory maximum (s.302 PCA) — Excessive sentence reduced (s.335(1) PCA) — Unlawful monetary compensation orders set aside — Release and refund of bail deposits
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30 July 2015 |
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Whether allegations of fraud and an asserted equitable interest suffice to obtain leave to defend a summary land recovery suit.
Civil procedure – Summary suit (Section 98 CPA) – Leave to defend – Applicant must show serious questions to be tried or plausible defence – Allegations of fraud in certificate of title – Temporary allocation and equitable interest – Requirement of affidavit/pleadings to oppose application
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29 July 2015 |
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Review application dismissed for failure to satisfy Order 46 CPR and for presenting inconsistent, controverted grounds (unclean hands).
Civil procedure — Review — Order 46 CPR (discovery of new matter; mistake on face of record; any other sufficient reason) — Failure to satisfy Order 46 — Coming to court with unclean hands — Article 126(2)(e) not a licence to evade procedural rules
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28 July 2015 |
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Omission of applicant’s ID from Voters’ Register was an irregularity; court ordered inclusion and deemed registration.
Electoral law – Section 15 appeal procedure against Electoral Commission decisions; Voters’ Register – omission as an "irregularity"; Constitutional duty of EC under Article 61(1)(e) to maintain/update register; Equality and non‑discrimination – Article 21 breach; Remedy – order to enter particulars and deeming provision for elections.
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24 July 2015 |
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Court granted temporary injunction restraining implementation of a district budget pending trial over alleged illegal procedure.
Administrative law – Interim relief – Temporary injunction to restrain implementation of local government budget pending trial; jurisdiction under Order 41(2), Judicature Act and Civil Procedure Act; status quo; notice and convening irregularities; triable issues of illegality
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14 July 2015 |
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Appeal allowed: later consent requirements and unproven customary law cannot invalidate a 1982 land sale.
Land law – validity of sale – family/clan land and requirement for consent – retrospective application of statutory provisions – customary law must be proved – Public Lands Act 1969 vs Land Act 1998
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3 July 2015 |
| June 2015 |
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A beneficiary (the applicant) may sue to protect her interest in an undivided estate despite lacking Letters of Administration.
Succession Act s188; Succession Act s27 (widow's interest); Succession Act s268(b) (beneficiary's right to sue); locus standi of estate beneficiaries; striking out plaint for want of Letters of Administration
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30 June 2015 |
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Petitioner failed to prove electoral irregularities; election upheld and respondents awarded costs.
Parliamentary election petition — non‑compliance and illegal practices — burden of proof on petitioner — necessity of specific affidavit evidence (voter cards/registers, named agents, polling stations) — hearsay and inadmissible exhibits insufficient — election upheld; costs awarded
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29 June 2015 |
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Revision granted because the plaint failed to name and serve multiple defendants, causing material irregularity and injustice.
Civil procedure - Revision under s.83
Civil Procedure Act - Jurisdiction exercised but material irregularity; pleadings must name and identify each defendant (CPR 0.7 r1, 0.7 r9, 0.5 r9); service on multiple defendants; natural justice; insufficiency of locus visit evidence; customary land occupancy
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26 June 2015 |
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Default judgment upheld: service deemed effective and association chair had authority, applicants lacked a prima facie defence.
Civil procedure — setting aside default judgment — service of summons — insufficiency of affidavit of service vs admission of acknowledgement; Association law — authority of chairperson/executive to bind association; failure to annex proposed defence; application dismissed
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24 June 2015 |
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Whether compulsory acquisition without prior notice and compensation violated constitutional and statutory property rights.
Trespass
Land Acquisition — requirement of prior notice and compensation under Article 26 and Land Acquisition Act; entitlement of bona fide occupants with approved plans to compensation; awards of compensatory and special damages; interlocutory injunction to protect property pending payment
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18 June 2015 |
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Application to transfer suit denied where amended plaint introduced new cause of action and was not properly filed, rendering transfer impermissible.
Civil procedure — jurisdiction — transfer of proceedings — amended plaint introducing higher pecuniary claim and new party — illegality of suits instituted in courts lacking jurisdiction — amendment and filing requirements — remedy is fresh suit in competent court
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12 June 2015 |
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Application for interim injunction dismissed because an existing magistrate’s status-quo order is subsisting; parallel order would be abusive.
Civil procedure – interim injunction – subsisting magistrate’s order maintaining status quo – duplication of orders and abuse of process – jurisdiction of magistrate’s court – enforcement of existing court orders
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11 June 2015 |
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An application to transfer a magistrate’s suit that lacks jurisdiction or alters the cause of action cannot succeed.
Civil procedure – transfer of proceedings – pecuniary jurisdiction – amended plaint introducing new party and larger quantum – suit filed in court lacking jurisdiction is illegal and not transferable; party should await lower court ruling before seeking transfer
Affidavits – commissioning and admissibility
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11 June 2015 |
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A temporary injunction preserved current possession where purchaser claimed equitable interest and occupants asserted customary rights.
Civil Procedure – Temporary injunction (Order 41 Rrs 1 & 9) – interlocutory relief – prima facie case, irreparable harm and balance of convenience; equitable interest by purchase from estate beneficiaries; customary occupancy; preservation of status quo pending trial
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8 June 2015 |
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A land claim against a deceased's estate is time‑barred if not brought within 12 years of death absent pleaded exceptions.
Limitation Act s.5 & s.6(2) – accrual on death – limitation questions decided from pleadings not evidence – obligation to plead exceptions (O.6 r.6 CPR) – time‑barred land claims
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5 June 2015 |
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Appellate court set aside dismissal for mis-evaluation of evidence, wrongful rejection of documents and failure to visit locus in quo.
Land law — evaluation of oral evidence — admissibility and weight of clan minutes and Letters of Administration — necessity of locus in quo visit in land disputes — miscarriage of justice — appellate re-evaluation of evidence
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5 June 2015 |
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The plaintiff’s dismissal was wrongful due to denial of a fair hearing and biased disciplinary committee, awarding damages and benefits.
Employment law — wrongful dismissal; right to fair hearing (Constitution Art 28/42; Employment Act s66); disciplinary committee impartiality; bias where investigator sits on tribunal; entitlement to pension contributions, salary, leave, notice and aggravated damages
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5 June 2015 |
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Leave to appeal dismissed: review inappropriate post-appeal; alleged new evidence and adverse possession unproven.
Civil procedure – review versus appeal; newly discovered evidence – requirements and delay; proof and consequences of forged sales agreements; adverse possession and limitation (12-year rule); leave to appeal — requirement of substantial question of law and prospects of success
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2 June 2015 |
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Appellant's failure to prove ownership and lack of prejudice from unrecorded locus visit warranted dismissal of the appeal.
Civil procedure – locus in quo visits and recording of proceedings; Evidence – burden to prove ownership and trespass; Failure to record locus not fatal if no prejudice; Brief judgments acceptable if issues resolved
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1 June 2015 |
| 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 |