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172 judgments found.
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May 2015
Applicant failed to prove non‑service or fraud; review of consent decree under Section 82 CPA dismissed.
Civil procedure — Review of judgment — Setting aside consent decree for non‑service or alleged fraud — Requirement to establish grounds under Section 82 Civil Procedure Act
6 May 2015
Appeal dismissed: appellant failed to prove title on balance of probabilities; no duty to order handwriting expert.
Civil procedure — Appeal and re-evaluation of evidence — Appellate review where trial court properly assessed evidence
Evidence
— Onus and standard — Proof of title on a balance of probabilities under Section 101 Evidence Act
— Document authenticity — No obligation to order handwriting expert where forgery was not raised at trial
6 May 2015
Assessment of damages for wrongful termination of a fixed-term employment contract; special allowances and NSSF claims dismissed for lack of proof.
Employment law — Contract of employment — Wrongful termination of fixed-term contract — Damages equivalent to remuneration for unexpired contract period
Evidence — Special damages — Must be specifically pleaded and strictly proved before award
Social security — NSSF contributions — Claim to be pursued directly with the Fund, not in this damages assessment proceeding
5 May 2015
Article 50 public interest procedure unsuitable for specific compensation claims; ordinary suit and proper pleadings required.
Constitutional law — Public interest litigation — Limits of Article 50(1) and (2) for specific compensation claims
Civil procedure
— Representative actions — Requirement for leave under Order 1 Rule 8 when representing defined claimants
— Pleading fraud — Particulars required under Order 6 Rule 3
4 May 2015
April 2015
Local government vicariously liable for death after absent duty doctor; awarded general damages, punitive damages refused.
Constitutional law — Right to health and life — Failure to provide timely obstetric care due to absent duty doctor — Violation of maternal and children's constitutional rights
Administrative law — Vicarious liability — Local government oversight obligation for hospital staff and liability for servant's negligence
Civil remedies — Damages — Award of general damages for wrongful death; exemplary damages refused against public body
30 April 2015
A conditional lease offer rescinded due to prior reallocations is not amenable to prerogative relief; contractual remedies may suffice.
Administrative law
— Judicial review — Procedural fairness and right to be heard where lease offers are conditional and land availability is contested
— Prerogative orders — Appropriateness of certiorari, mandamus and injunction when dispute is essentially contractual
Land law — Allocation of public land — Effect of non‑compliance with acceptance/time conditions and prior reallocations on locus to challenge rescission
28 April 2015
Court confirmed academic equivalence and ordered the party to admit the applicant to primaries under s.98 Civil Procedure Act.
Administrative law — Verification of academic credentials — Judicial confirmation of educational equivalence — Reliance on Uganda National Examinations Board letter
Civil procedure — Court's powers to grant relief — Exercise of Section 98 Civil Procedure Act to order political party official to admit a candidate
28 April 2015
Appeal allowed for mis-evaluation of evidence, unsupported fraud findings, and unproven general damages.
Land law — Purchases of bibanja and equitable interests — Effect of part-payment and proof required for title disputes
Civil procedure — Evaluation of evidence and grounds of appeal — Appellant must state concise numbered grounds; trial findings must be based on pleaded and proved matters
Evidence — Fraud — Fraud must be pleaded and proved; court may not base judgment on uninvestigated or unpleaded allegations
27 April 2015
The applicants' claim for wartime property destruction was extinguished by Legal Notice No.1/86 and is time‑barred.
Constitutional law — Temporal application of Constitution — 1995 Constitution cannot be used to enforce rights for acts predating its commencement
Civil procedure — Pleadings — Cause of action and plaint rejection under Order 7 Rule 11 — Allegations and attachments must disclose a legal basis
Limitation law — Tort claims against the State — Effect of Legal Notice No.1 of 1986 and Cap 72 s.3(1) two‑year limitation
27 April 2015
Excessive police detention of a vehicle was unlawful and entitled the plaintiff to nominal, special and lost-earnings damages.
Tort — Unlawful seizure/detention of property — Lawfulness of police seizure and excessive detention — Police power under Criminal Procedure Code s.7; constitutional right to fair and speedy process (Articles 26–28)
24 April 2015
Whether the applicant inherits a registrable interest from a deceased who was a licencee rather than a bona fide occupant.
Land law — Occupation — Whether long, undisturbed occupation constitutes a bona fide occupant under Land Act s29(2)
Estate administration — Letters of administration — Whether letters confer a registrable interest where the deceased held only a licence (Land Act s29(5))
23 April 2015
Interim injunction refused where applicant admitted encroachment and structures lacked approval, affecting a public access road.
Civil procedure — Interim injunction — Requirements for grant — Prima facie case, balance of convenience and irreparable harm
Physical planning — Building regulation compliance — Illegal structures and occupation of surveyed public access road — Local authority power to order removal/demolition
22 April 2015
Court refused extension of time and leave to appeal, finding inordinate delay and no arguable grounds for appeal.
Civil procedure
— Omnibus applications — Hearing related reliefs together to avoid multiplicity of proceedings
— Extension of time — Whether counsel’s error constitutes sufficient cause — Court examines inordinate delay, stage of proceedings and prejudice
— Leave to appeal — Appeal against refusal to amend pleadings — Appellate consideration requires arguable grounds; trial court may refuse where amendment is malafide or prejudicial
20 April 2015
17 April 2015
Whether dismissal under the wrong CPR rule constitutes res judicata and is subject to revision under s.83 CPA.
Civil procedure
— Dismissal for want of prosecution — Application of O.17 r 5 versus O.17 r 6 — Requirement of defendant's application for r 5
— Res judicata — Effect of dismissal under wrong rule without finally deciding issues — Section 210 Magistrates' Courts Act
— Revision — High Court's powers under s.83 Civil Procedure Act to correct material irregularity or excess of jurisdiction
16 April 2015
Appellant entitled to 50% share of house acquired during marriage; trial court erred by relying on unsworn evidence.
Family law — Matrimonial property — Division of property acquired during marriage — Contributions by spouses give rise to interests and, absent contrary agreement, equal shares
Evidence — Admissibility — Requirement for testimony on oath or affirmation — Evidence Act (Cap. 6) compliance for oral addresses and affidavits
Civil procedure — Divorce proceedings — Proper procedure in issuing decree nisi/absolute and requirement that petitioner prove grounds of divorce
16 April 2015
A registered title may be set aside for fraud or illegality where a respondent’s survey and mark stones encroach on an applicant’s kibanja.
Land law
— Title and fraud — Setting aside Certificate of Title where registration procured by fraudulent or illegal survey — RTA s.59
— Customary tenure (kibanja) — Protection of customary tenant’s possession against encroachment and misdescription — RTA s.176(c),(d)
Civil procedure — Evaluation of evidence — Court must assess locus, survey marks and surrounding circumstances holistically to determine fraud or encroachment
16 April 2015
15 April 2015
15 April 2015
Service on a branch manager constituted effective service on the corporation under Order 29 r. 2(a) CPR.
Civil procedure
— Service of process on corporations — Branch manager as principal officer for service under Order 29 r. 2(a) CPR
— Setting aside ex parte judgment — Requirement that misdirection or defect occasion injustice before overturning default judgment
14 April 2015
Appeal dismissed: prior judgment rendered overlapping land claim res judicata under section 7 of the Civil Procedure Act.
Civil procedure — Res judicata — Whether matter directly and substantially in issue in former suit bars subsequent suit under section 7 Civil Procedure Act
Land law — Title dispute — Effect of prior judgment between parties or those under whom they claim on later, broader land claims
14 April 2015
10 April 2015
Civil Procedure|Limitation Period|Land
10 April 2015
Illness did not constitute sufficient cause to set aside an ex parte judgment; memorandum showed relinquishment of land interest.
Civil procedure — Setting aside ex parte judgment — Sufficient cause to restore defence — Ability to instruct counsel or agent while ill
Property law — Evidence of relinquishment — Memorandum of understanding as proof of surrendering interest
9 April 2015
Civil Procedure|Parties|Joinder
8 April 2015
7 April 2015
Whether the bank is liable for its auctioneer’s failure to deliver vacant possession and must refund the purchase price.
Contract law — Sale by auction — Vacant possession as an essential contractual term and breach by seller/auctioneer
Agency — Auctioneer as agent — Principal bound by agent’s undertakings; ratification and estoppel
Remedies — Restitution and damages — Refund of purchase money, general damages, interest; illegality of excessive loan interest under Money Lenders Act
7 April 2015
1 April 2015
March 2015
Leave to appeal refused for failure to show prima facie grounds, prospects of success and for dilatory conduct.
Civil procedure
— Leave to appeal — Whether applicant established prima facie grounds and reasonable prospects of success — O.44 r.1–4 CPR; Judicature/Court of Appeal rules
— Time‑bar and dilatory conduct — Failure to take steps within mandatory 14 days; duty of diligence by counsel
— Use of intended appeal as stay of execution — Requirement to plead appealable issues rather than seek de facto suspension
31 March 2015
Labour and Employment Law|Compulsory Retirement
30 March 2015
A school board’s supervisory recommendation and interim removal, referred to the Ministry, did not breach natural justice or act ultra vires.
Administrative law
— Judicial review — Review of statutory bodies’ administrative acts and supervisory functions
— Natural justice — Audi alteram partem; procedural fairness in disciplinary referrals and interim suspension
Education law — Boards of Governors — Powers to monitor staff and recommend disciplinary action to the Ministry (referral, not final termination)
27 March 2015
Challenge to disciplinary reprimand and re‑designation dismissed; adequate notice, hearing, and rational decision‑making were found.
Administrative law — Judicial review
— Illegality/ultra vires review of disciplinary actions by District Service Commission
— Irrationality — Whether re‑designation was unreasonable
Administrative law — Natural justice — Right to adequate notice and fair hearing in public service disciplinary procedures — Public Service Standing Orders
26 March 2015
Court granted a temporary injunction to prevent disposal of disputed land pending determination of the title suit.
Civil Procedure — Interim relief
— Temporary injunction — Application of American Cyanamid principles — Preservation of status quo
— Irreparable harm — Risk of sale/transfer of disputed land — Damages inadequate
Civil Procedure — Pleadings — Failure to file Written Statement of Defence/Affidavit in reply — Consequence for participation in interlocutory proceedings
24 March 2015
Employer lawfully terminated employment by payment in lieu under contractual clause; employee failed to prove wrongful dismissal.
Employment law
— Termination by payment in lieu — Validity where contract expressly allows payment in lieu of notice
— Burden of proof in dismissal — Employer must prove reasons for termination under Employment Act s.68(1)
Contract law — Employment contract clauses — Employer entitled to exercise contractual termination option when complied with terms
24 March 2015
Employee awarded Workmen’s Compensation and damages for wrongful dismissal after occupational bursitis and summary termination.
Employment law — Wrongful dismissal — Termination without notice or reasons — Breach of employment contract
Workmen’s Compensation — Scheduled disease (bursitis) — Employer liability for disease contracted in course of employment — s.27, s.29 of the Workmen’s Compensation Act
24 March 2015
Appeal dismissed: Limitation tolled by pleaded disability and trial court's credibility findings properly sustained.
Land law — Limitation Act — Accrual of cause of action and tolling by disability — Discovery rule and s.5 Limitation Act
Civil procedure — Appeals — Appellate review of findings of fact and credibility — Deference to trial court's evaluation of evidence
23 March 2015
Court set aside dismissal and ex parte judgment where counsel’s negligence amounted to sufficient cause to reinstate land suit.
Civil procedure
— Setting aside ex parte judgment — O.9 r.27 CPR — Sufficient cause; negligence of counsel may justify reinstatement
— Dismissal for want of prosecution — O.9 r.22 CPR — Dismissal appropriate where plaintiff and counsel fail to appear
Appeal — Appellate review of lower court — Duty to assess whether legal principles were applied and to correct miscarriages of justice
20 March 2015
Appellant failed to prove a valid sale and possession; first respondent held bona fide purchaser and appeal dismissed.
Property law — Contract for sale of land — Proof and formalities of agreement
Evidence — Burden of proof — Section 101 Evidence Act — Onus to prove ownership and contract
Civil procedure — Locus in quo — Failure to raise at trial cannot be raised on appeal
19 March 2015
Revision dismissed: LC III lawfully called fresh evidence; supervisory intervention was untimely and unnecessary.
Civil procedure — Revision under section 83 CPA — Grounds: failure/excess of jurisdiction or material irregularity — Proper scope of revision
Local Council Courts — Appellate powers of LC III — s 32(1)(b) and s 34 Local Council Courts Act — Power to call witnesses and receive additional evidence on appeal; Reg 65(5)
Judicial supervision — Chief Magistrate’s supervisory role over LC courts — Timing: supervisory powers to be invoked while LC court is still seized of the case
17 March 2015
Applicant's fee claim dismissed because he practised before enrolment and respondents' reply affidavits were irregular.
Civil procedure — Affidavits in reply — Counsel acting as commissioner for oaths and witness — Regulation 9 Advocates (Professional Conduct) Regulations — Commissioner for Oaths Rules (Rule 7)
Advocates Act — Unenrolled practice — Recovery of fees — Illegality bars recovery — Sections 55, 59, 65 of the Advocates Act
Civil procedure — Pleadings — Relief not founded on the pleadings — O.6 r.6 & r.7 Civil Procedure Rules
17 March 2015
Ex parte judgment set aside for ineffective substituted service, but applicant must provide Shs.15,000,000 security for costs.
Civil procedure
— Service of process — Substituted service — Substituted service may be ordered only after due diligence to effect personal service has been shown — O.5 r.18(1)–(2)
— Setting aside ex parte judgment — Requirements — Defendant must show sufficient cause, prompt action and a plausible/bonafide triable defence — O.9 r.12 and O.9 r.27
— Security for costs — Court may require security as condition for setting aside ex parte decree where respondent holds a judgment
13 March 2015
Whether an applicant had locus standi to seek distress for rent and whether procedural unfairness required a rehearing.
Civil procedure — Distress for rent — Locus standi to apply for distress
Landlord and tenant — Existence of tenancy and proof of rent arrears — Requirement before distress issues
Evidence/Procedure — Reliance on information not before court — Procedural fairness and right to be heard
13 March 2015
Dismissal without affording the statutory and constitutional right to be heard was null and void; damages awarded.
Employment law
— Dismissal — Right to fair hearing under Constitution and Employment Act s.66 — Procedural nullity of dismissal without hearing
— Summary dismissal — Statutory requirement to explain reasons and hear representations before termination
Evidence — Document examination — Reliance on photocopied specimens insufficient to prove authorship of alleged forged documents
9 March 2015
Summary dismissal was unlawful for lack of a fair hearing; employee awarded notice pay and general damages.
Employment law — Unfair dismissal — Summary dismissal and requirement to afford a fair hearing — Necessity to disclose particulars and evidence
Remedies — Damages for unlawful dismissal — Compensation in lieu of notice, general damages for humiliation; punitive damages disallowed
9 March 2015
Claim for arson damage succeeded: negligence by military inferred, limitation not fatal, damages and costs awarded.
Tort — Negligence — Vicarious liability for acts of military personnel — Application of res ipsa loquitur where defendant fails to explain fire
Civil procedure — Limitation — Accrual of cause of action when plaintiff realises administrative compensation will not be forthcoming — Section 3 Civil Procedure Act
Contract — Frustration — Burning caused by defendant’s agents’ negligence does not establish frustration without fault
9 March 2015
Dismissal without adequate particulars or hearing violated Section 66 and constitutional fair‑hearing rights; provident contribution must be paid.
Employment law
— Termination — Right to fair hearing and procedural fairness under Employment Act s.66 and Constitution articles 42 and 44
— Provident fund and mortgage set‑off — Lawfulness of withholding employer contributions and contractual set‑off against employee entitlements
Administrative law — Natural justice and bias — Requirements for particulars, reasonable time to prepare and proof of actual or perceived bias
3 March 2015
February 2015
Court upheld garnishee debit of applicant’s account, finding execution lawful to protect children’s welfare.
Family law — Maintenance enforcement — Garnishee orders against third‑party bank accounts — Welfare of the child paramount under the Children Act
Civil procedure
— Jurisdiction and execution — Family and Children Court may execute or send decrees for execution in another magisterial area
— Garnishee compliance — Third parties obliged to obey valid court orders; bank not liable for implementing court directive
27 February 2015
Judicial review appropriate for prerogative orders, but dismissal where applicant failed to prosecute and prove unlawful removal.
Administrative law — Judicial review — Appropriateness of judicial review for prerogative orders challenging administrative removal — Judicature (Judicial Review) Rules
Employment law — Reinstatement and damages — Availability of mandamus and damages on judicial review and need for evidence and interested parties — Employment Act; Uganda Broadcasting Corporation Act
20 February 2015
State vicariously liable for hospital staff negligence causing cord prolapse, birth asphyxia and permanent brain injury; general damages awarded.
Medical negligence — Obstetric care — Artificial rupture of membranes, cord prolapse and delay in delivery — Causation of birth asphyxia and permanent brain injury
Vicarious liability — State liability for servants’ torts — Government liable for negligent acts of hospital staff committed in course of employment
Damages — Proof of special vs general damages — Special damages must be specifically pleaded and strictly proved
20 February 2015
Specific performance denied where seller lacked title; purchaser awarded refund with interest and costs.
Contract law — Specific performance — Whether specific performance is available where seller is not registered owner
Land law — Equitable interest — Acquisition of equitable interest when seller lacks title
Remedies — Restitution — Refund of purchase money and interest where sale was ineffective
19 February 2015