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Citation
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Judgment date
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| 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 |