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Citation
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Judgment date
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| December 2017 |
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Ex parte decree and consequent sale void for lack of jurisdiction and serious execution irregularities; title restored to appellant.
Civil procedure – joinder of parties under s.98 CPA – parties with proprietary interest must be heard; Setting aside ex parte decree – O.9 r.27 CPR – summons not duly served and mistake/negligence of counsel/clerk can be sufficient cause; Jurisdiction – employment disputes fall within Employment Act procedures (s.93) – not properly heard as summary suit; Execution and sale of immovable property – CPA s.48 and CPR Order 22 (service, deposit of duplicate certificate, advertising, public auction, remittance of proceeds) – failure renders sale void ab initio; Registrar of Titles – issuance/cancellation of special certificate where court procedures not followed; Remedies – quashing of void judgment and restoration of title; restitution between purchasers and judgment creditor.
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22 December 2017 |
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Failure to give adequate reasons for taxation of costs renders awards invalid and mandates re-taxation inter partes.
Costs – Taxation of costs – Duty of Taxing Officer to give intelligible reasons – Taxation conducted without adequate explanation or certification – Prejudice to judgment debtor – Awards set aside and remit for fresh taxation inter partes.
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21 December 2017 |
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Claim for compensation barred by ex turpi causa where underlying sale and transfer were annulled for fraud.
* Property law – foreclosure sale annulled for fraud – transfer cancelled where purchaser and bank implicated in dishonest transaction
* Civil liability – ex turpi causa non oritur actio – claim barred when cause of action arises from illegal or immoral transaction
* Remedies – inability to recover purchase price, renovation costs or consequential losses when claim depends on tainted transaction
* Costs – where both parties guilty of misconduct, court may order each to bear own costs
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21 December 2017 |
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Judicial review inappropriate for employment termination; Minister was the decision‑maker, CAA not liable; application struck out.
Judicial review — Appropriate forum — Employment dispute vs administrative decision — Cause of action — Ministerial decision under s.146(6) Civil Aviation Authority Act — Civil Aviation Authority not liable for Minister’s termination decision — Remedies for alleged breach of employment contract require ordinary suit.
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21 December 2017 |
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A trial court may amend issues before decree and summon an amicus only within strict neutral, non-evidentiary limits.
Civil procedure – role and limits of amicus curiae; recall of witnesses (Order 18 r.13) – cannot call witnesses who have not testified; framing and amendment of issues (Order 15 r.3 and r.5(1)) – court may add issues before decree but must afford parties opportunity and allow fresh evidence if necessary; trial court discretion and supervisory jurisdiction.
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21 December 2017 |
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An unexplained taxation award of costs is unlawful and must be set aside for fresh taxation with reasons.
* Taxation of costs – discretion of Taxing Officer – appellate interference only in exceptional cases where wrong principle or manifest excess/deficiency. * Duty to give reasons – Taxing Officer must provide sufficient reasons to enable scrutiny and appeal. * Unreasoned taxation rulings may be set aside where they cause substantial prejudice.
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21 December 2017 |
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SRPS officer’s negligent shooting established; Attorney General vicariously liable, URA not liable; damages awarded.
* Tort — Negligence by law enforcement — use of deadly force; Res ipsa loquitur applies where instrument under officer’s control causes harm. * Vicarious liability — superior-subordinate effective control test; state liable for SRPS acts, URA not liable. * Damages — proof and assessment of special and general damages; exemplary damages require aggravating conduct.
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21 December 2017 |
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Section 291 allows review only of registrar decisions on rectification of the register; absent that, the High Court lacked jurisdiction.
* Companies Act 2012 s291 – court review limited to decisions concerning rectification of the register of companies; * Registrar of Companies s247 – limits and lack of express appeal/remedy; * Jurisdiction – High Court cannot review Registrar decisions under s291 where matter is not direct rectification; * Abuse of court process – filing a review after an unsuccessful appeal is not necessarily abusive.
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20 December 2017 |
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Application for security for costs dismissed where respondent showed a prima facie case and inability to pay was not established.
Security for costs – O.26 CPR and Companies Act s.284 – discretionary relief – requires prima facie assessment on pleadings and affidavits – mere lack of knowledge of plaintiff's assets insufficient – prior non‑compliance with court orders relevant to discretion.
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20 December 2017 |
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Tribunal erred by applying parking-operator rotation policy retrospectively and failing to give adequate reasons; PPDA decision restored.
Public procurement — selective bidding and qualification requirements; policy on rotation of park operators — prospective application only; experience requirement — bidder’s onus to prove at technical evaluation; administrative review tribunal — duty to give adequate reasons; interim measures during review — permissible where not unlawful; costs in merits review — ordinarily not awarded without reasons and opportunity to be heard.
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14 December 2017 |
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Revision dismissed: High Court holds revisional power limited to jurisdictional irregularities; factual or legal errors require appeal.
Revision – scope of High Court revisional powers under s.83 Civil Procedure Act; not a substitute for appeal where complaints concern conclusions of fact or law – Jurisdiction of LC I over land matters pre‑2006 – Procedural defects in inferior court records (unsigned/undated/stamped) and execution procedural irregularities.
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14 December 2017 |
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Plaintiff entitled to refund and interest-based general damages for defendant's failure to supply goods or repay funds.
* Contract law – breach of distributorship agreement – entitlement to repayment of funds where goods not supplied.
* Damages – restitutio in integrum; measure of general damages for delayed repayment assessed by profit/interest on withheld funds.
* Remoteness – Hadley v. Baxendale tests for recoverable losses.
* Procedure – plaintiff retains burden of proof even where defendant does not file a defence.
* Interest – courts may award just and reasonable post-judgment interest to protect against inflation and currency depreciation.
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14 December 2017 |
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Court reduced a manifestly excessive one‑day taxed advocates' costs from UGX 9,307,000 to UGX 800,000.
Advocates' costs – taxation – manifestly excessive award – appellate review under s.62 Advocates Act – improper inclusion of air ticket, inflated hourly rates, clerk and witness allowances – courts may disregard prolix submissions and correct taxation errors.
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13 December 2017 |
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Court appoints applicant as manager after finding respondent of unsound mind and incapable of managing his affairs.
Mental capacity – person of unsound mind – test: incapable of managing himself and his affairs (Whysall; Re Cathcart) – burden on applicant to prove on balance of probabilities – appointment of manager of estate under Administration of Estates of Persons of Unsound Mind Act – requirement of medical evidence and procedural rules – bond and restrictions on manager – inventory and reporting obligations.
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7 December 2017 |
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A defamation plaint must plead the exact words complained of and state the plaintiff’s residence; failure to do so led to rejection.
Defamation — Pleading requirements — Exact words complained of must be pleaded verbatim; annexures do not cure omission — Civil Procedure Rules Order 7 rule 1(b) — requirement to state plaintiff’s place of residence and address for service — plaint rejected.
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6 December 2017 |
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Court validated an out-of-time appeal against Taxing Officer awards where parties were not notified and sufficient cause existed.
Civil procedure – extension of time to appeal – Appeal from Taxing Officer under s.62 Advocates Act – statutory thirty-day limit – inherent jurisdiction to extend time – sufficient cause where parties not notified of taxation – advocate negligence as potential sufficient cause – balancing access to justice and finality.
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1 December 2017 |
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1 December 2017 |
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1 December 2017 |
| November 2017 |
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Stay of execution denied where applicant failed to show substantial loss and children’s welfare prevailed.
Civil procedure – Stay of execution pending appeal – Order 43 Rule 4(3) CPR; requirement to show substantial loss, no unreasonable delay, and security; welfare of children paramount in family property disputes; notice of appeal not automatically sufficient to stay execution.
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30 November 2017 |
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Beneficiaries can sue without letters of administration, but recovery claims for land remain subject to limitation and possession rules.
• Succession and locus standi – Beneficiary of intestate estate may sue to protect estate interests without prior letters of administration; section 191 procedural not absolute bar.
• Limitation – Recovery of land claims subject to 12‑year period; trespass is possessory and may be continuous but does not revive extinguished proprietary claims.
• Pleading – Trespass requires pleading actual possession; failure to plead possession defeats a trespass cause of action.
• Jurisdiction – Proceedings of a court without jurisdiction (L.C.III acting as court of first instance) are nullities and cannot toll limitation.
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30 November 2017 |
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Appellant’s proved purchase established ownership; trial court’s contrary finding was set aside and costs awarded.
Land – acquisition by purchase – validity of sale agreement and corroborating oral evidence – re‑evaluation of evidence on appeal – locus in quo and sketch map – misdirection by trial court – wetlands management by NEMA and effect on private rights.
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30 November 2017 |
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Whether employment transmitted to new district and prolonged suspension without procedure constituted constructive dismissal.
Employment law – transmission of public service contracts on creation of new local government; constructive dismissal – prolonged administrative suspension without interdiction or prompt disciplinary process; jurisdiction – High Court may hear complex employment disputes; remedies – reinstatement vs damages; employer’s duty to act fairly in suspension procedures.
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30 November 2017 |
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Closure of defence was proper where defendants’ inordinate delay and abuse of process frustrated a fair, speedy civil trial.
Civil procedure — Closure of defence under Order 17 r.4 CPR; fair and speedy trial — article 28(1) Constitution; abuse of process/warehousing of litigation; presumptive two‑year ceiling for timely civil trials; revision jurisdiction under s.83 Civil Procedure Act; stay of execution pending revision.
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27 November 2017 |
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Attachment set aside where objectors proved constructive possession and beneficial interest in the disputed land.
* Civil procedure – Objector proceedings (Order 22, Order 52) – focus on possession not title – tests for setting aside attachment.
* Execution – Attachment and sale of land – co-ownership and attachment for a co-owner’s debt.
* Possession – constructive possession by rent collection and eviction sufficient to defeat attachment.
* Civil Procedure Act s.44 (property liable to attachment) and s.27(2) (costs discretion).
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27 November 2017 |
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23 November 2017 |
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Application for judicial review dismissed as time‑barred and defective for seeking representative relief without court permission.
* Judicial review – time limit – Rule 5 Judicature (Judicial Review) Rules – three months and court’s discretion to extend time.
* Representative proceedings – Order 1 r.8 CPR – permission and notice required before suing on behalf of unnamed persons.
* Administrative law – certiorari and mandamus – procedural compliance necessary for remedies against public bodies.
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22 November 2017 |
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Whether splitting an omnibus bill of costs and an order for adjournment costs was lawful given a delayed written ruling.
* Civil procedure – taxation of costs – propriety of omnibus bill of costs – splitting bill so each court taxes costs relating to its proceedings.* Civil procedure – costs – order for costs for adjournment – impact of delayed written ruling on fairness of costs order.* Advocates Act s.62 and Advocates (Taxation of Costs) (Appeals and References) Regulations – appeals from Registrar’s taxation directions.
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22 November 2017 |
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High Court lacked jurisdiction to set aside a sale in execution; executing court must determine execution-related disputes.
Execution proceedings – Section 34(1) Civil Procedure Act – questions relating to execution, discharge or satisfaction of a decree to be determined by executing court; High Court supervisory powers not a basis to usurp executing court’s jurisdiction; res judicata raised but not decided.
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22 November 2017 |
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Leave to file a fresh bankruptcy petition refused after applicant’s inaction and failure to set aside earlier dismissal amounted to abuse of process.
Bankruptcy — leave to file fresh petition — dismissal for want of prosecution — sufficiency of cause for non-appearance — failure to apply to set aside dismissal — abuse of court process.
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21 November 2017 |
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Employer vicariously liable for employee’s negligent driving; special and general damages awarded, exemplary damages refused.
Tort — Motor accidents — Negligence by bus driver — Vicarious liability of employer for acts of employee in course of employment; Contributory negligence — passenger not liable where not in control of motorcycle; Special damages — oral evidence may suffice where receipts are lacking; Exemplary damages — not available absent malicious or grossly reckless conduct.
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16 November 2017 |
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IGG directives during investigation justified the respondent board’s rescission and lawful extension of the managing director’s probation.
Administrative law – judicial review – prerogative orders (certiorari, mandamus, injunction); Inspectorate of Government – power to issue directions during investigations (Article 230(2); s.14(6) Inspectorate of Government Act); corporate governance – board’s statutory power to appoint/discipline staff (s.7(d) Uganda Printing & Publishing Corporation Act); contract law – effectivity of termination and lawful extension of probationary terms.
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16 November 2017 |
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A licensed distributor's failure to maintain overhead lines caused a fire; defendant liable and plaintiffs awarded damages.
Electricity/distribution — statutory duty of licensed distributor to maintain overhead lines — negligent maintenance causing fire — causation and foreseeability — contributory negligence burden on defendant — assessment and reduction of claimed losses.
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15 November 2017 |
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The applicant accepted the respondent’s part-payment; court found probable arson and dismissed further damages claim.
Tenancy – existence and duration of tenancy agreement; Implied tenant obligations – duty to keep premises in tenantable condition; Fire damage – causation and liability where initial investigations indicate arson; Settlement and waiver – acceptance of part-payment as discharge of further claims; Remedies – dismissal where defendant not shown to be liable.
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14 November 2017 |
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Appellate court upholds written sale agreement over conflicting oral testimony, dismissing appeal and awarding costs to respondent.
Evidence Act, ss.91–92 – written contract prevails; oral evidence inadmissible to vary written terms – signature and corroboration – sale vs. loan – judicial evaluation of documentary evidence and consent settlement.
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14 November 2017 |
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10 November 2017 |
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Civil Procedure
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9 November 2017 |
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Civil Procedure
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8 November 2017 |
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A licensed school’s disciplinary suspension without informing or hearing the student breached the right to a fair hearing and was quashed.
* Administrative law – Judicial review – School disciplinary decisions by licensed school management committees are amenable to judicial review under the Education Act. * Natural justice – Fair hearing – Suspension without being informed of allegations or given an opportunity to be heard breaches Article 28(3). * Evidence – Unsigned/unworn hearsay insufficient to support disciplinary sanctions. * Remedies – Certiorari/mandamus/prohibition appropriate; general damages discretionary.
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7 November 2017 |
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Administrative Law|Constitutional Law|Human Rights|Substantive rights
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7 November 2017 |
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Civil Procedure
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1 November 2017 |
| October 2017 |
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Contract Law
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31 October 2017 |
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The applicant's challenge to the traditional leader's suspension of the Tooro Constitution and appointment of a prime minister was dismissed.
Constitutional law – traditional/cultural institutions – authority of traditional leader to suspend or review sub-national constitutions; Relationship between national Constitution (Art. 246) and customary/kingdom constitutions; Validity of appointments by traditional leaders and role of approving assembly; Remedies and costs in disputes involving cultural institutions.
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31 October 2017 |
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Contract Law
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31 October 2017 |
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Plaintiff’s premature rescission failed; written lease barred oral occupation date, but defendant’s clear admission warranted recovery of the advance rent.
Tenancy law – written lease silent on date of possession – parol evidence inadmissible to add term – implication of terms only if necessary to give business efficacy – time not of the essence absent express term or clear surrounding circumstances – reasonable time and notice required before making time of essence – suit premature; judgment on clear admission to refund advance payment.
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30 October 2017 |
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Successful plaintiff awarded costs but reduced by 20% due to late compromise; no disentitling misconduct proved.
Civil Procedure Act s27 — costs follow the event; discretion to depart where special circumstances or misconduct proved; late compromise may justify reduction of costs; relevance of pre- or post-litigation conduct to costs.
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27 October 2017 |
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A Grade One Magistrate exceeded pecuniary jurisdiction and proceeded against a deceased defendant, rendering the judgment a nullity.
Civil procedure – Revision under S.83 CPA – Magistrate exercising jurisdiction not vested (pecuniary limit) – Judgment nullity. Succession law – Suit against deceased defendant – necessity to strike out or substitute – suit as nullity. Locus standi – lineal descendant/beneficiary may protect estate interests without letters of administration. Court discretion – admitting affidavit in reply filed out of time in interests of justice.
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27 October 2017 |
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Law Council unlawfully barred graduates from accredited universities from sitting pre-entry Bar exams; UAOTI/NCHE regulates undergraduate law programmes.
* Administrative law – judicial review – illegality, procedural impropriety and irrationality – law council’s decision quashed for being arbitrary.
* Education law – accreditation – undergraduate law programmes regulated by UAOTI Act/NCHE; Law Council’s role is consultative for accreditation and supervisory for professional legal education.
* Professional legal education – Advocates Act governs professional requirements and Bar Course examinations but cannot negate valid NCHE accreditation.
* Remedies – certiorari, permanent injunction, framework for consultation, and general damages awarded to affected graduates.
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26 October 2017 |
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Hospital liable for negligent intra‑operative management causing brain death; damages awarded to dependants.
* Medical negligence – breach of duty where vital signs not monitored and pulse oximeter not attached before incision; failed intubation mismanaged. * Causation – intra‑operative negligence causing hypoxia and brain death held an operating and substantial cause of death. * Informed consent – generic consent form did not establish specific informed consent to the risk that materialised. * Damages – assessment of loss of dependency, multiplier and apportionment among dependants; award of special damages, interest and costs.
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26 October 2017 |
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Temporary injunction improper where obstructing wall was already completed and damages were an adequate remedy.
Civil procedure – Temporary injunctions: requirements of irreparable injury, prima facie case and balance of convenience; preservation of status quo; adequacy of damages where obstructing structure already erected; access to property.
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24 October 2017 |
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Specific performance ordered to require restoration of land after murram excavation; alternatively Shs. 12,000,000 damages.
Contract law – breach of excavation/restoration clause – specific performance vs damages – assessment of reasonable cost of reinstatement – evidentiary weight of unsworn valuation.
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12 October 2017 |