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Citation
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Judgment date
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| February 2017 |
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Whether post-expiry tenancy existed and whether special damages were specifically pleaded and proved.
* Landlord and tenant – existence of tenancy after written agreement expiry – tenancy by estoppel and tenancy at will.
* Contract breach – tenant’s prohibited activities as breach of tenancy terms.
* Damages – requirement that special damages be specifically pleaded and proved; assessment of general damages in breach of contract.
* Appellate review – re-evaluation of evidence and limits of interfering with trial court findings.
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28 February 2017 |
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A plaintiff may not bring a fresh suit after dismissal under Order 9 rule 22 unless the dismissal is set aside.
* Civil procedure – Order 9 r22/r23 – effect of dismissal for non-appearance and bar on bringing a fresh suit in respect of same cause of action.
* Civil procedure – Preliminary objection – raising points of law under Order 6 r28; Mukisa Biscuits principles.
* Abuse of court process – repetition of dismissed cause of action leads to dismissal with costs.
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23 February 2017 |
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Whether the 2007 market management policy and limits on customising standard bidding documents were properly applied in procurement review.
Public procurement — Government policy prioritising market vendor associations for market management — effect on choice of bidding method (Restricted vs Open); Customisation of Standard Bidding Documents — limits of Regulation 48 and requirement for prior authorisation; Scope of administrative merits review by PPDA Tribunal — power to consider material not pleaded provided natural justice observed; Natural justice — duty to give notice when tribunal raises issues proprio motu; Costs — requirement for reasons and opportunity to be heard before awarding costs.
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23 February 2017 |
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A merits tribunal may raise unpleaded procurement defects but must afford notice; costs award set aside for lack of reasons.
* Administrative law – external merits review – scope of PPDA Tribunal’s powers to stand in the shoes of the original decision-maker and to consider issues not pleaded. * Procurement law – customisation of Standard Bidding Documents – Regulation 48 limited to minor changes; material deviation requires prior written approval. * Evidence – judicial notice of related tribunal findings in the same procurement process. * Natural justice – audi alteram partem must be observed when tribunal raises new issues. * Costs – tribunal must give reasons and opportunity to be heard before awarding costs.
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23 February 2017 |
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Tribunal validly found unauthorised overhaul of standard bid document void; costs award set aside for lack of hearing and reasons.
* Administrative law – external administrative merits review – Tribunal’s power to stand in the shoes of the primary decision-maker and to consider matters of mixed fact and law raised by the material before it.
* Public procurement – Standard Bidding Documents – Regulation 48(1) permits only minor/cosmetic customisation; extensive alteration requires formal deviation and written authorisation (Regs 5, 10, 61).
* Procurement law – application of parking SBD to market management without authorisation constitutes unlawful deviation and may render process void ab initio.
* Remedies – entitlement to refund administrative review fee where the decision annuls original decision even if on grounds other than those advanced; limits on Tribunal’s costs awards – need for reasons and opportunity to be heard.
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23 February 2017 |
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Applicant in possession facing eviction satisfied injunction requirements: prima facie case, irreparable harm, status quo and balance of convenience.
* Civil procedure – Temporary injunction – Requirements: prima facie case, irreparable injury, preservation of status quo, balance of convenience. * Land law – Possession as factor in interlocutory relief – Allegations of fraud and illegality in title disputes raise serious issues to be tried.
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23 February 2017 |
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The appellant is vicariously liable for police officers’ torts closely connected to their official duties.
Tort — Vicarious liability of the State for police officers’ wrongful acts; scope and connection to official duty; causation; Auto Garage test for cause of action; PPDA Act inapplicable where no procurement issue.
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22 February 2017 |
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Police investigations into payments under court orders and actions by non‑administrators were held ultra vires and restrained.
Administrative law – judicial review – police investigations into execution of court orders – ultra vires and interference with judicial independence; Succession law – Letters of Administration – exclusive authority of grantee; Remedies – declaration, prohibition and injunction; Separation of powers – protection of judicial orders.
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20 February 2017 |
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Police investigation of payments made under subsisting court orders is ultra vires and unlawfully interferes with judicial execution.
Judicial review – police investigations into payments under court orders – ultra vires interference with execution of court orders – protection of judicial independence – Succession Act – invalidity of Power of Attorney where letters of administration subsist.
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20 February 2017 |
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Repeated republication of the plaintiff’s photo implying traffic offences was defamatory; damages and costs awarded.
Defamation – innuendo and natural meaning of words; burden shifts to defendant to prove truth; fair comment defence unavailable where private individual’s photograph is reused without justification; repeated republication increases harm; assessment of general damages.
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20 February 2017 |
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Failure to implement a staff tribunal's promotion orders constituted contempt, warranting mandamus, declaration and compensation.
* Administrative law – Judicial review – supervisory jurisdiction over tribunals’ and administrative bodies’ decisions – focus on lawfulness, procedural propriety and natural justice.
* Contempt – Failure of an administrative body to implement its internal tribunal’s orders – constitutes contempt and illegality.
* Remedies – Declaratory relief, mandamus to compel implementation of tribunal directions, compensatory award for contempt, and payment of taxed costs.
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20 February 2017 |
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Judicial review dismissed because employment dispute requiring evidential determination must be brought under the Employment Act.
* Judicial review – inappropriate where disputes require contested factual evidence – employment disputes (wrongful dismissal, damages, salary arrears) not suited to judicial review procedure. * Civil procedure – forum conveniens – employment claims to be pursued under the Employment Act by ordinary plaint. * Remedies – certiorari/prohibition/mandamus unsuitable for resolving substantive employment entitlements.
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20 February 2017 |
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The plaintiff, held to be an unlicensed money-lender, had a statute-barred and illegal claim and the suit was dismissed with costs.
* Money Lenders Act – definition of Money Lender (s.1(h)) – holding out as a lender. * Limitation – s.19(1) Money Lenders Act – 12-month limitation for recovery of loans. * Civil Procedure – Order 7 r.6 – requirement to plead exemption from statutory limitation. * Illegality – unlicensed money lending (s.2(4)(b)) renders agreement unenforceable. * Security and interest clauses indicate commercial money-lending, not a "friendly" loan.
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15 February 2017 |
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Payment and acceptance of rent established tenancy; landlord's self-help locking was unlawful and nominal damages were reduced.
Tenancy – proof by conduct and documents – payment and acceptance of rent as evidence of continuing tenancy and estoppel; Self-help by landlord – unlawful locking of rented premises; Counterclaim – inadmissible where claimant caused loss by locking premises; Damages – general damages presumed from loss of possession; nominal damages must be modest and reflect subject matter value.
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15 February 2017 |
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Challenge to 2016 licensing circular held moot after new 2017 guidelines and licences removed any live controversy.
Administrative law – Judicial review – Mootness doctrine – Challenge to regulatory guidelines and circular rendered academic by subsequent valid guidelines and issuance of licences – Court declines to grant relief – Costs: each party to bear own costs.
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15 February 2017 |
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Appeal dismissed except interest: oral sale and damages affirmed, 35% interest set aside and replaced by 6% with appropriate running dates.
Civil procedure – Appeal – re-evaluation of evidence by first appellate court – oral contract of sale – proof and breach; Special damages – must be pleaded and proved but may be established by cogent oral evidence; General damages – discretion in assessment; Interest – discretionary under CPA ss.26(2), 27(3) – appellate correction of excessive commercial interest; Interest periods – special damages from filing, general damages and costs from judgment.
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10 February 2017 |
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Hearsay of an informal 'appointment' cannot ground certiorari or mandamus; judicial review examines decision-making process, not merits.
Administrative law — Judicial review — Remedies of certiorari and mandamus — Applicant’s burden to show illegality, irrationality or procedural impropriety; hearsay evidence inadmissible under Evidence Act s.59; judicial review examines process not merits; University Appointments Board decisions subject to University Council (Universities and Other Tertiary Institutions Act s.50); mandamus requires clear legal right.
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9 February 2017 |
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Application to regularize an arbitration award dismissed as premature pending statutory appeal to the Cooperatives Board.
Cooperative Societies Act – arbitration award – statutory appeal to Uganda Cooperative Alliance Board under Section 73 – requirement to exhaust Board appeal before High Court; premature proceedings; abuse of process.
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3 February 2017 |
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Summary dismissal for unexplained cash shortages upheld; disciplinary process and natural justice found complied with; damages set aside.
Employment law – summary dismissal for gross misconduct; staff regulations 4.01 – investigatory powers and dismissal without benefits; natural justice – adequacy of opportunity to explain; effect of later acquittal on disciplinary action; malicious prosecution – threshold for DPP-led prosecutions.
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3 February 2017 |
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Review application dismissed for failing to demonstrate new evidence or an error on the face of the record.
Judicial review – High Court jurisdiction to review its own orders – Grounds for review: new evidence, error on face of record, or sufficient cause – Previous review and finality; abuse of process – Inherent powers of court; statutory review under Section 82 CPA and Order 46 CPR.
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2 February 2017 |
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Mandamus to execute an interlocutory ex parte taxation award denied where substantive petition and application to set aside are pending.
* Judicial review – prerogative remedy – mandamus – requirement of certificate of order under Government Proceedings Act s.19 – compliance noted.
* Execution of awards – interlocutory/ex parte taxation – courts will not enforce interlocutory awards while substantive proceedings and applications to set aside remain pending to avoid unjust enrichment and abuse of process.
* Procedure – applicants must prosecute substantive petition to conclusion before seeking mandamus to enforce taxed costs.
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1 February 2017 |