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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 |