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Citation
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Judgment date
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| 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 |
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Unjustified police impoundment and vandalism constituted trespass and conversion; State held vicariously liable and damages awarded.
Tort – Trespass to goods and conversion: wrongful police impoundment and removal of vehicle parts; burden on State to justify seizure; failure to explain seizure amounts to trespass. Vicarious liability – State liable for torts of police acting in course of employment under Government Proceedings Act. Damages – special damages require strict proof; general and exemplary damages and interest appropriate where seizure was arbitrary and oppressive.
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12 October 2017 |
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Plaintiff failed to prove fraudulent transfer; defendant held legal title and suit dismissed with costs and eviction order.
* Land law – Allegation of fraudulent transfer of title – heightened civil standard of proof for fraud; credibility and documentary evidence determinative. * Property – Bona fide purchaser for value without notice – requires proof of pre-existing equitable interest; absence of such interest renders claim redundant. * Evidence – burden and standard of proof in civil fraud allegations; contradictions by claimant fatal to claim.
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11 October 2017 |
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A High Court cannot hold another court in contempt; subsequent prosecutions on different charges after excluded torture evidence are not disobedience.
* Contempt of court – whether a superior court can hold another court/court martial in contempt – no authority to do so
* Civil contempt – disobedience to court orders; criminal contempt – impeding administration of justice
* Evidence – suppression of confession obtained by torture; effect on subsequent prosecutions
* Prosecutorial discretion – DPP may prefer different charges notwithstanding prior suppression
* Jurisdiction – competence of General Court Martial to try charges distinct from those declared null
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6 October 2017 |
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Award set aside where school not party to loans and lacked board authorization, execution stayed.
Arbitration – setting aside arbitral award – illegality and lack of party nexus; Corporate capacity of statutory school bodies – necessity of board resolution to bind school; Execution of awards – limits where award seeks to bind non-party; Guarantor liability – right to pursue guarantors notwithstanding set aside.
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2 October 2017 |