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Citation
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Judgment date
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| 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 |