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Citation
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Judgment date
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| December 2016 |
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Judicial review dismissed: district origin lawfully interpreted to include parents' birthplace; verification process valid.
Administrative law – Judicial review – Amenability of verification exercise to review; Public education policy – District quota eligibility – Meaning and application of "district of origin"; Administrative fairness – Relevant and irrelevant considerations; Joinder of parties – Correct parties to verification process.
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24 December 2016 |
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A civil court will not overturn a completed criminal conviction as contempt; the proper remedy is appeal and proper parties must be sued.
Contempt of court — interim injunctions in criminal proceedings — enforceability where trial court has already delivered judgment — civil court should not review criminal conviction; remedy is appeal — corporate status of Inspector General of Government.
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23 December 2016 |
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Court reviewed omission to give reasons on costs, exercised discretion and ordered no costs in the main suit; each party to bear own costs.
Costs—discretion under Section 27(2) CPA; Review—error apparent on the face of the record for omission to give reasons; Remedy—review vs appeal; Costs not awarded where suit did not take off and costs were not prayed for.
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21 December 2016 |
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Court quashed inquiry findings against contractors for errors of fact/law and denial of a fair hearing.
* Commission of Inquiry – amenable to judicial review where acting ultra vires, irrationally, or in breach of natural justice
* Administrative law – error of fact and error of law vitiating findings
* Natural justice – audi alteram partem; right to fair hearing and meaningful opportunity to explain
* Irrationality – decisions unsupported by evidence and speculative conclusions
* Remedies – certiorari and prohibition to quash and restrain unlawful Commission findings
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21 December 2016 |
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Court found the defendant liable for the accident and awarded reduced special damages, general damages, interest and costs.
* Motor-vehicle collisions – liability – prior criminal findings and admissions as evidence of causation.
* Special damages – requirement of specific pleading and proof; oral evidence and photographs may suffice but awards may be adjusted when documentary proof is deficient.
* General damages – compensatory award for inconvenience arising from negligence.
* Exemplary damages – not awarded where prior punitive sanction considered sufficient.
* Interest and costs – interest at 20% from filing and costs awarded to plaintiffs.
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20 December 2016 |
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A dismissal under Order 17 and section 17(2)(a) is a final order and can only be set aside on appeal.
Civil procedure – Order 17 CPR – dismissal for delay – finality of dismissal under Order 17 and section 17(2)(a) Judicature Act; reinstatement – jurisdiction of trial court to reopen dismissed suits; appeal as proper remedy.
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16 December 2016 |
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15 December 2016 |
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Applicants entitled to monetary refund and damages after respondent delivered only part of contracted land.
* Contract law – sale of land – formation and breach – delivery of less land than contracted (182 ha delivered of 259 ha) leading to breach.
* Remedies – specific performance vs restitution/monetary compensation where defendant lacks available land.
* Evidence/Illiterates Protection Act – Act does not invalidate admitted written agreement; representative signing suffices for locus.
* Damages – award of special and general damages, commercial interest on monetary refund, costs follow the event.
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15 December 2016 |
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A caveat on a director’s personal land cannot secure a company’s taxed debt without first lifting the corporate veil.
* Company law – separate legal personality – director’s personal assets cannot be charged for company debts without lifting the corporate veil (s.20 Companies Act 2012).
* Civil procedure – interim relief – prerequisites for temporary injunction: substantial question, irreparable harm, balance of convenience.
* Caveat/land registration – caveat improperly placed on personal property to secure corporate liability is unlawful and cannot be preserved by injunction.
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13 December 2016 |
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Amendment to judicial review motion refused where it changed the cause of action and prejudiced the respondent's defence.
Judicial review — Amendment of motion (Rule 7 Judicial Review Rules 2009) — Amendments permitted but cannot substitute a distinct cause of action or prejudice respondent’s defences — Amendments should relate to matters arising within Rule 5 filing period.
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12 December 2016 |
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Applicant failed to prove real risk of asset dissipation or meet disclosure and undertaking requirements for pre-judgment attachment.
Civil procedure – attachment before judgment (Mareva injunction) – requirements: good arguable case; real risk of dissipation; full and frank disclosure in ex parte applications; cross-undertaking in damages; proportionality and alternative enforcement in foreign jurisdiction (reciprocal enforcement).
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10 December 2016 |
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Judicial review inappropriate for wrongful dismissal where an adequate alternative remedy (ordinary suit) exists.
* Administrative law – Judicial review vs ordinary suit – wrongful dismissal typically remedied by ordinary action where alternative remedy exists
* Prerogative orders – certiorari, prohibition, injunction – discretionary and sparingly granted
* Natural justice – summoned employee’s non-attendance relevant to merits but does not necessarily convert dispute into judicial review
* Requirement to show absence or ineffectiveness of alternative remedies before granting prerogative relief
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9 December 2016 |
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Failure to appeal a cooperative arbitral award within statutory time renders it final and enforceable as a court judgment.
* Cooperative Societies Act s73 – disputes between society and member subject to Arbitration; appeals to the Board within 60 days; unappealed awards final and enforceable as court judgments.
* Civil Procedure Act s83 – revision of Magistrates' Court proceedings does not extend to reviewing arbitral awards under s73.
* Procedure – proof of service and failure to set aside or appeal arbitral award bars collateral attack during enforcement.
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9 December 2016 |
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An applicant must show prima facie success and irreparable harm to restrain a mortgagee’s sale; delay alone is insufficient.
* Mortgage law – interlocutory injunction – applicant must show prima facie case and irreparable harm to restrain mortgagee sale.
* Interpretation of Mortgage Rules 2012, Regulation 13(1) – applies to adjournment of sale, not a general deposit requirement for injunctions.
* Procedural compliance – question whether statutory notices were given considered but primary dispute was method of sale (private treaty v public auction).
* Abuse of process – using injunction to buy time to find a private buyer is impermissible.
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8 December 2016 |
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Applicant's challenge to revoked promotion fails: flawed selection justified rescission; application dismissed with costs.
Administrative law – judicial review – promotions in public service – requirement for transparent, merit‑based selection procedures – supervisory role of Public Service Commission; Duty to act fairly in administrative decisions (distinct from full audi alteram partem); Certiorari/prohibition/injunction not available where flawed process justified rescission and no evidence of unfair/punitive posting.
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8 December 2016 |
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Applicant granted leave to defend disputed supply claims, but judgment entered for admitted UGX 29,478,100 against the applicant.
* Civil procedure – Order 36 r 4 – leave to appear and defend – requirement of a triable issue as to fact or law.
* Civil procedure – Order 13 r 6 – judgment on admission – admission must be clear, unequivocal and unconditional.
* Evidence Act s.57 – court’s discretion to require proof of admitted facts; not exercised where admission is categorical.
* Contract/supply disputes – triable issues as to delivery, volume and valuation of goods.
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8 December 2016 |
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Defendant breached the contract; plaintiff awarded adjusted unpaid sums, general damages, interest and costs after unchallenged ex parte hearing.
Contract law – Breach of contract for non‑payment; ex parte proceedings where defendant failed to appear; reliance on unchallenged plaintiff evidence and independent engineer’s report to quantify sums due; awards of unpaid contract sums, adjusted amounts for defects/unfinished work, general damages, interest and costs.
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7 December 2016 |
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Applicant’s diploma cancellation quashed: decision found procedurally unfair, unlawful and beyond the respondent’s statutory power.
Administrative law — Judicial review — Grounds: illegality, procedural impropriety, irrationality — Fair hearing/audi alteram partem — Power to revoke academic awards — Ultra vires cancellation of conferred diploma — Remedies: declarations, certiorari, prohibition, costs; mandamus and general damages declined.
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5 December 2016 |
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Cancellation of a conferred diploma quashed for irrationality and denial of fair hearing; injunction and prohibition granted.
Administrative law – Judicial review – Grounds: illegality, irrationality and procedural impropriety; revocation of academic awards – require proof of recipient’s personal fraud/misconduct; natural justice – right to fair hearing and disclosure of adverse forensic evidence; admissibility of supplementary affidavits – liberal approach in judicial review.
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5 December 2016 |
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Diploma cancellation quashed for irrationality and breach of natural justice; fair hearing ordered.
* Judicial review – administrative decision to cancel an academic diploma – grounds: irrationality and procedural impropriety (natural justice, adequate notice, right to cross-examine). * Evidence – affidavits must be based on personal knowledge; material filed without leave may be struck out. * Remedies – certiorari to quash unlawful decision, mandamus to compel a fair hearing, injunction to restrain acting on the impugned decision; prohibition and damages discretionary.
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5 December 2016 |
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A trial in a court lacking territorial jurisdiction is a nullity; appeal allowed and proceedings set aside.
Magistrates’ courts — territorial jurisdiction — creation of new magisterial area by statutory instrument; jurisdiction as creature of statute; proceedings in a court without territorial jurisdiction are a nullity; objection to place of suing may be entertained on appeal where illegality or failure of justice is shown.
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5 December 2016 |
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A challenge to a taxed bill is governed by the Advocates Act and is time-barred if not appealed within 30 days.
Advocates Act s.62(1) – Taxation appeals/references within 30 days; Advocates (Remuneration and Taxation of Costs) Regulations govern taxation procedure; Civil Procedure Rules not applicable to taxation appeals; Revision under s.83 limited by lapse-of-time clause (no serious hardship).
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2 December 2016 |
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A dismissed appeal was reinstated: counsel’s absence and jurat defects were curable; appeal has arguable grounds.
* Civil procedure – reinstatement of dismissed appeal – Order 43 r16 – sufficient cause required for reinstatement. * Evidence – affidavits – supplementary affidavit filed out of time may be admitted in interests of justice. * Jurat defects – omission of Commissioner for Oaths' name curable where confirmed; substantive justice over technicalities. * Legal representation – negligence or mistake of counsel not usually visited on litigant. * Costs – appellate interference only where taxing officer misdirected or assessment manifestly wrong.
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2 December 2016 |
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An ex‑parte judgment was set aside where the applicant’s absence resulted from counsel’s negligence, not the applicant’s fault.
* Civil procedure – Setting aside ex‑parte judgment – mistake or negligence of counsel – whether client should suffer for advocate’s omission. * Civil procedure – Service on advocate – presumption of notice vs. evidentiary burden to prove communication to client. * Burden of proof – party asserting notice must prove advocate informed client. * Binding precedent – lower courts bound to follow higher‑court authorities on mistakes of counsel.
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1 December 2016 |
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Court granted administration ad litem and substituted the applicant as legal representative to defend the deceased’s interest, allowing amendment of the defence.
* Succession Act s.222 – letters of administration ad litem – limited grants to represent deceased in pending suits where cause of action survives and urgency prevents full grant. * Civil Procedure Rules Order 24 r.1 & r.4 – death of defendant does not abate suit; substitution of legal representative. * Civil Procedure Rules Order 6 r.19 – leave to amend pleadings to reflect substituted legal representative. * Administration ad litem may be granted without advertisement where urgency shown.
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1 December 2016 |
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A conditional/ equivocal pleading did not justify judgment on admission; only the borrower (first defendant) was held liable; others lacked consideration.
Civil procedure – Judgment on admission (Order 13 r.6) – admission must be clear, unequivocal and unconditional; inherent jurisdiction to correct error; Contract – non est factum defence – high threshold, not available for mere negligence; Consideration – gratuitous family promises unenforceable; Damages – measure for late repayment of money is interest.
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1 December 2016 |
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Claims against public officers for slander and unlawful arrest were time-barred; vicarious liability does not absolve agents of direct liability.
Civil procedure – Pleading sufficiency for slander, false imprisonment and malicious prosecution; vicarious liability – principals and agents as joint and several tortfeasors; Limitation – actions against public officers under s.4 Civil Procedure and Limitation (Miscellaneous Provisions) Act, Cap 72; Time-barred claims and requirement to plead disability or date of termination of prosecution.
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1 December 2016 |
| November 2016 |
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Late affidavit admitted but founding affidavit struck off for lack of deponent’s authority; injunction application dismissed.
Civil Procedure – interlocutory injunction – Order 41 CPR – requirement for notice and supporting affidavit; Order 12 r.3(2) – timelines directory not mandatory; affidavit evidence – deponent’s authority – Sections 101,103,106 Evidence Act – burden shifts when prima facie evidence disproves status; chamber summons unsupported by valid affidavit is incurably defective and struck off.
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24 November 2016 |
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Court granted extension to file a late appeal due to registry delay and public‑interest land law issues.
Civil procedure – extension of time to appeal – delay attributable to court registry in preparing/issuing certified record – applicants’ counsel partly at fault – exercise of discretion in interests of justice – public interest issues concerning customary urban land and local government ownership of public land.
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23 November 2016 |
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Court upheld a court‑authorised extraordinary meeting and the lawful election of new directors; interim injunctions vacated.
* Company law – validity of extraordinary general meeting – court-authorised meetings – sufficiency of notice and publicity.
* Company law – internal management – majority rule, Foss v Harbottle, and Article 80(2) Table A – power of general meeting to appoint or remove directors.
* Civil procedure – interim orders – jurisdiction to vary or vacate interim injunctions issued by another judicial officer.
* Voting procedure – show of hands vs. poll – not a fatal irregularity where meeting properly convened and majority decisions prevail.
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16 November 2016 |
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Temporary injunction denied where applicant failed to show prima facie success or irreparable harm; procurement balance favoured proceeding.
* Administrative law – interim relief – test for temporary injunction: prima facie case, irreparable harm, balance of convenience.
* Procurement law – PPDA statutory mandate – injunctions may not be granted where they unduly impede regulatory investigations and national procurement projects.
* Procedural fairness – alleged breaches of fair hearing may be atoned by damages; not every procedural breach warrants interlocutory relief.
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15 November 2016 |
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Temporary injunction granted to preserve status quo where applicant showed prima facie case, irreparable harm, and balance of convenience.
Interlocutory injunctions – prima facie case; irreparable injury; balance of convenience; status quo preservation; res judicata not a bar to interlocutory relief; purchaser takes subject to existing equitable interests (s.64 RTA).
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14 November 2016 |
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Applicant granted leave to appeal against conditional leave to defend requiring a security deposit; application found timely with triable issues.
Civil procedure – Order 44 CPR – leave to appeal where no appeal as of right; Time bar – s.220(4) MCA inapplicable to O.44 applications; Extraction of decree – good practice not mandatory; Standard for leave – Sango Bay Estates (prima facie triable issues/substantial questions of law); Judicial discretion – reviewability of conditional security deposit as condition to defend.
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11 November 2016 |
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Consent taxation order upheld because applicants’ advocate had authority and no fraud or collusion was proved.
Civil procedure – taxation – consent Certificate of Taxation – setting aside consent – requires proof of fraud or collusion; Agency/advocate’s acts bind client (O.3 r.1 CPR); presence of party and counsel at taxation; consent upheld where no evidence of impropriety.
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11 November 2016 |
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Suspension pending investigation is lawful and does not require a pre-suspension hearing; judicial review was premature.
Judicial review – prerogative orders (certiorari, prohibition) – suspension/interdiction in public service – natural justice – whether pre-suspension hearing required – premature challenge pending investigation.
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10 November 2016 |
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Court reduced a manifestly excessive instruction fee, finding the taxing officer had erred in principle and mischaracterised the appeal.
* Taxation of costs – instruction fees – limits on interference with taxing officer’s discretion – error of principle or manifestly excessive award justify appellate intervention.
* Costs law – balancing fair remuneration and access to justice; assessing complexity, novelty and volume of documentation.
* Advocates (Remuneration and Taxation) – relevance of Regulation 56(1) when substantial parts of a bill are disallowed.
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10 November 2016 |
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Court set aside divorce decrees and appellate property order due to absence of sworn evidence, remitting matter for de novo hearing.
* Civil procedure – inherent jurisdiction (s.98 Civil Procedure Act) – correction of errors apparent on the face of the record; * Divorce procedure – requirement that evidence be given on oath or affirmation; * Evidence law – probative value of unsworn statements; * Appellate jurisdiction – limits where first instance proceedings are a nullity; * Remedy – setting aside decrees and remitting for de novo hearing.
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10 November 2016 |
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Application to sell impounded trailer to recoup insurer-paid taxes dismissed for lack of any enabling statutory authority.
Customs law – disposal of impounded imported goods – no statutory basis found to permit sale to recoup taxes paid by insurer; incorrect reliance on non-existent subsection of EAC Customs Management Act 2004; procedural provisions (Judicature Act, Civil Procedure Act, O.52 CPR) do not supply substantive authority for disposal.
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8 November 2016 |
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Insurer failed to prove misrepresentation, connivance or exclusion; ambiguous policy construed against insurer, appeal dismissed.
Insurance law – coverage for theft – alleged non‑disclosure/misrepresentation and connivance – burden of proof – interpretation of ambiguous exclusion clauses – uberrimae fidei applies to both parties.
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8 November 2016 |
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Stay denied where supporting affidavit was incurably defective and the time‑bound procurement bid had expired, negating status quo.
* Civil procedure – stay of execution pending appeal – requirements: notice of appeal, likelihood of success, absence of delay, and risk of substantial loss; balance of convenience and preservation of status quo.
* Evidence – affidavits – jurat formalities – omission of commissioner/magistrate identification, signature and seal can render affidavit incurably defective.
* Procurement – time‑bound bids – expiry of tender may render stay nugatory and affect balance of convenience.
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8 November 2016 |
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Extension of time refused where applicant failed to explain delay and had previously withdrawn a similar application.
* Civil procedure – Extension of time – Court’s wide discretion to extend time – requires satisfactory explanation for delay and absence of excessive/dilatory conduct.
* Delay – unexplained or excessive delay and prior withdrawal of similar application are grounds for refusing extension.
* Finality of litigation – successful parties entitled to enjoy fruit of their success where delays are not justified.
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7 November 2016 |
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Request to halt disciplinary proceedings pending judicial review denied; balance of convenience and post‑process remedies favored continuation.
* Judicial review — interlocutory relief — Rule 9(1) permits temporary injunctions
* Administrative law — Commission of Inquiry findings — not automatically decisions amenable to judicial review
* Civil procedure — interim injunction tests: likelihood of success, irreparable harm, balance of convenience
* Sub judice rule vs statutory disciplinary processes — continuation of discipline where post‑process judicial remedies exist
* Remedy — certiorari available following completion of disciplinary/investigative process
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4 November 2016 |
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Appellant failed to prove medical negligence or causation; trial court’s evaluation upheld and appeal dismissed.
Medical negligence – duty of care; breach and causation – requirement to prove negligence on balance of probabilities; Expert evidence – application of Bolam/Bolitho standards for professional opinion; Novus actus interveniens – caretaker conduct and delayed referral as breaking causal chain; Appellate review – reappraisal of evidence and upholding trial findings.
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4 November 2016 |
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UGX 100,000,000 instruction fee award upheld despite procedural error on certificate of complexity; transport claim partially allowed.
Costs and taxation – instruction fees – award of UGX 100,000,000 for consolidated judicial review applications; Taxing Master’s discretion and principles for assessing quantum; requirement for judge’s certificate of complexity under Schedule 6 item 1(a)(ix); cross-appeal on disallowed transport claim – allowance of UGX 1,000,000.
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4 November 2016 |
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Governing Council acted ultra vires and breached audi alteram partem in removing principal; certiorari granted, damages dismissed.
* Administrative law – Judicial review – duty to act fairly (audi alteram partem) where administrative decisions affect employment rights. * Ultra vires – Governing Council exceeded statutory powers in removing/replacing Principal. * Statutory appointment/posting – Principal must be appointed/posted by Education Service Commission/Permanent Secretary; posting instruction required. * Remedies – certiorari available to quash unlawful administrative acts; damages require separate cause/particulars of loss.
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3 November 2016 |
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Application for temporary injunction dismissed; applicants lacked proof of irreparable harm and status quo had already changed.
* Civil procedure – Temporary injunction – Requirements: prima facie case, irreparable harm, balance of convenience – Status quo must be preserved as at relevant time. * Possession and payment of consideration weigh on balance of convenience. * Affidavit evidence – omnibus/hearsay statements reduce probative value on irreparable harm. * Interim restraint limited to prohibition of permanent constructions altering status quo until final determination.
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2 November 2016 |
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Applicants failed to show irreparable harm or favorable balance of convenience; injunction refused but permanent construction stayed pending trial.
Interlocutory injunctions — preservation of status quo — prima facie case, irreparable harm, balance of convenience — competence of affidavits (omnibus/hearsay) — possession and prior payments — section 98 Civil Procedure Act restraint on permanent works pending trial.
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2 November 2016 |
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Applicant granted mandamus to compel respondent to comply with a served court decree after unjustified non‑compliance.
Administrative law – prerogative writs – mandamus – availability where public authority fails to comply with a valid court decree – grounds: illegality, irrationality, procedural impropriety; Judicial Review Rules – promptness and three‑month limitation.
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1 November 2016 |
| October 2016 |
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The respondent’s report to police did not make her liable for false imprisonment once detention was justified and settled.
Tort — False imprisonment; cause of action requires proof of detention; once detention is proved, defendant must show justification; complainant’s report to police does not automatically render complainant liable for police arrests; appellate reappraisal of evidence where lower court’s factual findings are challenged.
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28 October 2016 |
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Defendant vicariously liable for bus driver’s negligence; proved medical and general damages awarded, exemplary damages disallowed.
* Tort – Negligence – Road traffic accident – vicarious liability of vehicle owner for driver’s negligence – res ipsa loquitur applied due to absence of defence.
* Damages – Special damages must be specifically pleaded and strictly proved; only proved medical bills and police report fee allowed; lump sum awarded for transport/accommodation.
* Damages – General damages awarded for pain, suffering and reduced earning capacity; future earnings not proved.
* Exemplary/aggravated damages – disallowed for lack of evidence of wanton or deliberate conduct.
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28 October 2016 |