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Citation
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Judgment date
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| December 2017 |
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Ex parte judgment and resultant sale set aside for lack of jurisdiction and multiple execution irregularities.
Civil procedure — setting aside ex parte decree (O.9 r.27) — sufficient cause; Jurisdiction — employment disputes referable to Labour Officer (Employment Act s.93); Execution and sale of land — compliance with Civil Procedure Act and CPR (service, deposit of duplicate certificate, advertising, bailiff duties); Special certificate of title — issuance only in exceptional, lawful circumstances; Remedies — quash ex parte judgment, cancel transfers, restore title, refunds between purchasers and vendors; costs awarded
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22 December 2017 |
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Unexplained ex parte taxation of costs prejudices the appellant; awards set aside and remitted for fresh taxation.
Taxation of costs — Duty of Taxing Officer to give adequate reasons — Ex parte taxation — Prejudice to judgment debtor — Unreasoned awards vitiate taxation — Remittal for fresh taxation inter partes
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21 December 2017 |
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Claim for compensation barred by ex turpi causa after sale and transfer were annulled for fraud involving the plaintiff.
Property law – sale and transfer annulled for fraud – ex turpi causa non oritur actio – claimant precluded from recovering losses arising from her own fraudulent transaction – costs: court orders each party to bear own costs despite defendant’s misconduct
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21 December 2017 |
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Judicial review inappropriate for an employment dispute; no cause of action against the entity that did not make the termination decision.
Administrative law – Judicial review – Appropriate remedy versus employment dispute; Cause of action – decision-maker and statutory mandate; Consultation with board does not confer liability; Employment claims requiring factual proof belong in ordinary suit
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21 December 2017 |
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Court cautioned on summoning amicus curiae and on framing additional issues late, but returned file to trial court to conclude proceedings.
Civil procedure – Amicus curiae – criteria and limits (neutrality, expertise, no fresh evidence) – Order 18 r13 (recall of witnesses) – Order 15 r3 and r5(1) (framing/amending issues) – court discretion and supervisory review
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21 December 2017 |
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Unreasoned taxation of costs set aside; fresh taxation with reasons ordered and appeal costs awarded to the appellant.
Civil procedure — Taxation of costs — Discretion of Taxing Officer — Appellate interference only in exceptional cases (wrong principle, manifest excess/deficiency, substantial prejudice) — Duty to give adequate reasons — Unreasoned taxation set aside; fresh taxation ordered
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21 December 2017 |
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Plaintiff shot by SRPS proved negligence; Attorney General vicariously liable while URA was not, damages awarded.
Tort — Negligence — Use of deadly force by law enforcement — Res ipsa loquitur; Vicarious liability — De facto control and effective command; Employer liability for acts committed in course of employment; Damages — assessment of special and general damages; Exemplary damages — requirement of aggravating conduct
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21 December 2017 |
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The High Court struck out a review for lack of jurisdiction because section 291 applies only to register rectification decisions.
Companies Act — Court’s power to review registrar’s decision — Section 291 limited to rectification of the register; Jurisdictional limits — Wrong statutory basis cannot be cured where no jurisdiction; Abuse of process — Filing review after failed appeal not necessarily abusive; Recommendation for legislative reform to provide appeal/review against Registrar under section 247
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20 December 2017 |
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Security for costs refused where respondent showed prima facie case and applicant failed to prove inability to pay.
Civil procedure — security for costs (O.26 CPR; s.284 Companies Act) — assessment of prima facie case on affidavits and pleadings — burden to prove inability to pay — discretionary relief not to fetter access to justice
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20 December 2017 |
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Whether a procurement tribunal lawfully applied a two‑year rotation policy, selective bidding and experience criteria, and whether its unreasoned orders and costs were valid.
Public procurement — selective bidding and mandatory experience criteria — Government policy on two‑year rotation not retrospective — merits review powers of PPDA Appeals Tribunal — duty to give reasons — interim measures and costs awards
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14 December 2017 |
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Revision dismissed: complaints were appellate challenges to findings, not jurisdictional defects warranting revision; lower court orders upheld.
Civil procedure — Revision under s.83 CPA — Limits of revision: jurisdictional defects vs. appellate complaints on findings of fact and law — Execution of lower court/LC judgments — Proper party/administrator in execution proceedings — Time bar and testimonial sufficiency
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14 December 2017 |
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Plaintiff awarded refund, general damages and interest for defendant’s breach of distributorship agreement.
Contract law – breach of distributorship agreement – recovery of advance payment – measure of damages for denial of use of funds – remoteness (Hadley v
Baxendale) – burden of proof on plaintiff despite defendant’s default – interest as compensation for delayed repayment
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14 December 2017 |
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Appeal against a manifestly excessive taxed bill of one-day costs; court reduced award from UGX 9,307,000/= to UGX 800,000/=.
Advocates' costs — Taxation of costs — Appeal under Section 62 Advocates Act — Manifestly excessive taxed bill — Reasonableness of travel, advocate hourly rates, clerk and witness allowances — Court’s power to disregard prolix submissions (Civil Procedure Act s98; Judicature Act s33)
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13 December 2017 |
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Applicant proved respondent’s incapacity and was appointed manager of his estate with bond, restrictions and inventory filing requirements.
Administration of Estates of Persons of Unsound Mind – standard for ‘unsound mind’ and incapacity – medical evidence required – appointment of relative as manager – bond and restrictions on manager’s dealings – dispensing personal service when respondent appears
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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 place of residence, or be rejected.
Defamation — requirement to plead the exact words complained of; annexures insufficient to substitute verbatim pleading; Order 7 Rule 1(b) — plaintiff's place of residence mandatory; failure to plead material particulars — plaint liable to be rejected
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6 December 2017 |
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Court allowed retrospective extension to appeal taxing officer's awards where applicants were not notified of taxation proceedings.
Taxation of costs – Appeal under Advocates Act s.62 – Extension of statutory time – Inherent jurisdiction to enlarge time – Sufficient cause: lack of notice and advocate negligence – Access to justice v. 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: applicant failed to prove substantial loss and children's welfare prevailed; application dismissed with costs.
Civil Procedure — Stay of execution pending appeal — Order 43 Rule 4(3); requirements: prima facie appeal, substantial/irreparable loss, no unreasonable delay, security — Notice of appeal not alone sufficient — Welfare of children paramount in family property disputes — Caveat as protection of property interest
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30 November 2017 |
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A beneficiary can sue without letters of administration, but a recovery claim can be time-barred despite standing.
Succession law – locus standi of beneficiaries without letters of administration; Section 191 Succession Act procedural scope; Limitation Act s.5 – recovery of land; distinction between trespass (possessory) and recovery (proprietary) actions; Local Council courts' jurisdiction and nullity; continuous tort and limitation
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30 November 2017 |
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Appeal on land ownership: whether sale agreement and locus findings establish title and how NEMA-managed wetlands affect ownership.
Land law – purchase and sale agreement – ownership dispute; appellate re-evaluation of evidence; locus in quo – scope and effect; wetlands management – NEMA control and use versus ownership; improper reliance on extraneous matters in judgment
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30 November 2017 |
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Employment transmitted to new district; indefinite unpaid suspension amounted to constructive dismissal, damages awarded.
Employment law — transmission of public service contracts on creation of a new local government — administrative suspension, failure to interdict and disciplinary process — constructive dismissal — remedy: damages not reinstatement where continued relationship intolerable
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30 November 2017 |
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Defendants' prolonged seven‑year inactivity amounted to abuse of process; magistrate properly closed defence and High Court dismissed revision and stay.
Civil procedure – revision of magistrate's decision – closure of defence under Order 17 r.4 CPR; constitutional right to a hearing within reasonable time; delay, abuse of process, 'warehousing' of litigation; stay of execution refused; dismissal for disproportionate delay
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27 November 2017 |
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Applicants proved constructive possession as estate beneficiaries by collecting rents, so the attachment and sale order was set aside.
Civil procedure – Attachment and sale – Objector application under Order 22 – Key issue is possession (actual or constructive) at time of attachment – Beneficial interest of estate and rent collection as constructive possession – Objector proceedings determine possession not title – Costs discretionary under s.27(2) CPA
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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 for seeking representative relief without court permission.
Judicial review – limitation period – Rule 5 Judicature (Judicial Review) Rules; time runs from final administrative/appeal decision; extension requires good reason
Civil procedure – representative proceedings – O.1 r.8 CPR mandatory for actions on behalf of unnamed persons. Certiorari/mandamus claims dismissed on procedural grounds
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22 November 2017 |
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Splitting an omnibus bill for separate taxation was proper; adjournment cost order set aside due to delay in supplying written ruling.
Advocates Act — Taxation of costs — Omnibus bill of costs covering proceedings in different courts — Proper to split for separate taxation; adjournment costs set aside where delay in furnishing ruling
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22 November 2017 |
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Challenges to sales in execution must be first determined by the executing magistrate’s court under section 34(1) CPA.
Civil procedure – Execution – Section 34(1) Civil Procedure Act – executing court’s exclusive first-instance jurisdiction to determine execution-related questions – High Court supervisory powers do not displace executing court jurisdiction – application to set aside sale in execution dismissed
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22 November 2017 |
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Leave to re-present a bankruptcy petition refused where petitioner failed to prosecute and abused court process.
Insolvency/Bankruptcy – leave to file fresh petition – dismissal for want of prosecution – procedural remedy to set aside dismissal – abuse of court process arising from prolonged inaction and non-appearance
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21 November 2017 |
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Employer held vicariously liable for employee driver’s negligence; special and general damages awarded, exemplary damages refused.
Tort — Negligence — Motor vehicle accident — Vicarious liability of employer for employee driver — Proof of special damages by oral evidence — Contributory negligence — Exemplary damages not awarded for ordinary negligence
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16 November 2017 |
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IGG may give interim directives during investigation; the board’s rescission and probation extensions were lawful, application dismissed.
Judicial review — prerogative orders (certiorari, mandamus, injunction) — Inspectorate of Government powers under Article 230(2)/s.14(6) — interim directives during investigation — board’s appointment/termination powers — rescission and extension of probation lawful where directives issued during ongoing systemic investigation
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16 November 2017 |
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Licensee's failure to maintain overhead lines caused a fire; plaintiffs awarded damages and costs; no contributory negligence found.
Electricity Act – licensee's statutory duty to maintain and repair supply lines – negligence where loose overhead conductors cause sparks and fire – contributory negligence not proved – awards for restoration, lost rent, equipment, improvements, general damages and costs
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15 November 2017 |
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Valid tenancy found, but claim for rebuilding dismissed due to probable arson and prior acceptance of compensation.
Tenancy agreement – existence and duration; Implied tenant obligations – maintenance and habitability; Fire damage – probable arson and causation; Acceptance of compensation/waiver; Relief refused; Suit dismissed with costs
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14 November 2017 |
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Appellate court upheld written sale agreement under the parol evidence rule, dismissing appellant's loan claim.
Evidence Act ss.91–92; parol evidence rule; contract interpretation — written sale agreement conclusive; characterization of transaction (sale v. loan); consent settlement as admission
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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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Licensed schools are subject to judicial review; indefinite suspension without a fair hearing was quashed and reinstatement ordered.
Judicial review – Education Act licensed schools – amenability to judicial review; procedural impropriety and natural justice – failure to afford fair hearing – quashing of indefinite suspension; mandamus to reinstate; prohibition against harassment
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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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King's suspension of Tooro Constitution for review and appointment of Prime Minister upheld; Tooro Constitution subordinate to national Constitution.
Constitutional law – Traditional leaders – Suspension/amendment of kingdom constitutions – Interaction of kingdom constitutions with the national Constitution (Art.246) – Validity of royal appointments absent domestic constitutional procedure
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31 October 2017 |
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Contract Law
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31 October 2017 |
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One-month delay into a ten-year lease was not repudiatory; plaintiff recovered advance rent only by defendant’s clear admission.
Contract law – Tenancy agreement – parol evidence rule and implied terms – whether commencement date implies possession date – time of essence – repudiatory breach – reasonable time – premature suit – judgment on admission for refund of advance rent
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30 October 2017 |
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Applicant awarded costs (80%); no disentitling misconduct proved, but late compromise warranted 20% reduction.
Civil Procedure Act s.27(1) – costs follow the event unless special/disentitling conduct is proved – misconduct must relate to litigation or cause of action – late compromise may justify discount on costs
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27 October 2017 |
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High Court set aside a Magistrate Grade One judgment for lack of pecuniary jurisdiction and for proceeding against a deceased defendant.
Civil procedure – Revision under section 83 CPA – Magistrate’s pecuniary jurisdiction; Succession law – suit against a deceased person – material irregularity; Locus standi – beneficiary’s right to protect estate without letters of administration; Court’s discretion to admit late affidavit in the interests of justice
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27 October 2017 |
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Law Council acted irrationally by barring UAOTI‑accredited law graduates from pre-entry Bar exams; NCHE regulates undergraduate accreditation.
Administrative law — Judicial review of regulatory decision — Law Council’s authority over legal education — UAOTI Act v
Advocates Act on accreditation — NCHE statutory accreditation in consultation with regulatory bodies — Irrational and arbitrary exclusion from professional qualifying exams — Remedies: certiorari, injunction, damages
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26 October 2017 |
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Temporary injunction refused where construction was complete, status quo retained the obstruction and damages were an adequate remedy.
Civil procedure – temporary injunction – status quo – irreparable injury – balance of convenience – prima facie case – access road / trespass
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24 October 2017 |
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A revenue authority maliciously prosecuted its cashier without probable cause; plaintiff awarded damages, interest and costs.
Malicious prosecution — elements: termination in plaintiff’s favour; complainant's role in initiating state prosecution; absence of reasonable and probable cause; failure to investigate valuer, assessment officer, bank and taxpayer; malice inferred — remedies: general and exemplary damages, interest and costs.
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16 October 2017 |
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Remedy for breach of murram-excavation contracts: specific performance ordered, alternative damages fixed if defendant fails to restore land.
Contract law — excavation of murram — breach for failure to backfill and level land — specific performance vs damages — measure of damages (cost of reinstatement v diminution in value) — mitigation — evidential value of post-trial valuation
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12 October 2017 |