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Citation
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Judgment date
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| March 2017 |
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A defamation plaint must reproduce the exact words complained of and state the plaintiff's place of residence; failure warrants rejection.
Civil procedure – Pleadings – requirement to plead material facts; a plaint must state all material facts relied on
Defamation – Pleading – the exact words complained of are material facts and must be reproduced in the plaint; annexing the article does not cure the omission. Civil Procedure Rules (Order 7 r.1(b)) – mandatory requirement to state plaintiff's name, description and place of residence in the plaint. Preliminary objections – failure to plead the words complained of and place of residence can justify rejection of the plaint with costs
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30 March 2017 |
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Applicant's guild removal quashed for procedural unfairness; certiorari granted, successor declaration void, damages awarded.
Administrative law – Judicial review of university student-guild decisions – Effectiveness of internal remedies – Natural justice and right to be heard – Procedural irregularity (misleading agenda item) – Relief: certiorari, damages, costs.
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30 March 2017 |
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Application to set aside dismissal for want of prosecution denied due to applicant's unexplained negligence; dismissed with costs.
Civil procedure – dismissal for want of prosecution – application to set aside dismissal – duty of plaintiff to prosecute – negligence of counsel – when counsel’s mistake will not be imputed to client – reinstatement and costs.
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30 March 2017 |
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Appeal allowed: affidavit of service deficient; appellants entitled to opportunity to apply for leave to defend.
Civil procedure – summary suit – default judgment – setting aside default judgment – service of summons – affidavit of service – Order 5 Rule 16 – insufficiency of proof of service – leave to appear and defend – abuse of process/res judicata.
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30 March 2017 |
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A jurat/address discrepancy is a technical defect; a defendant showing a prima facie triable issue should obtain leave to defend and decree was set aside.
Civil procedure – Summary suit — leave to appear and defend — affidavit jurat — discrepancy between place sworn and Commissioner’s postal address not incurable; technicality rectifiable. Order 36 (formerly 33) r.4 — defendant required to show bona fide prima facie triable issue, not full defence. Judicial discretion — power to order re‑swearing or rectification of jurat
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30 March 2017 |
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Court set aside a consent order as void ab initio because it sought to enforce a declaratory judgment without consequential orders.
Civil procedure – Consent judgments – generally binding but subject to setting aside for fraud, collusion, mistake or contravention of court policy; consent extracted from an unenforceable declaratory judgment may be void ab initio
Judgment – Declaratory relief – a declaration of rights is not itself an executable order; consequential orders are required to effect distribution. Matrimonial property – distribution/subdivision of matrimonial property should follow matrimonial proceedings. Inherent jurisdiction – High Court may set aside illegal orders to prevent abuse of process (s.98 CPA)
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30 March 2017 |
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Registrar lacked jurisdiction to determine civil contempt; his order dismissing contempt and awarding costs was set aside.
Civil procedure — Review of registrar’s decision — Registrar’s jurisdiction auxiliary under Order 50 CPR — Contempt of court: distinction between contempt in the face of the court (summary power) and civil contempt (enforcement) — Registrar lacks jurisdiction to adjudicate civil contempt — Error apparent on face of record — Order set aside.
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29 March 2017 |
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Court found an ex-parte hearing irregular where there was no proof of service of the hearing notice; remedies under civil procedure rules apply.
Civil procedure – Ex parte judgment – Ineffective or absent service of hearing notice – Order 19 r.12/r.27 CPR – Setting aside judgment and execution – Sections 98 Civil Procedure Act and 333 Judicature Act – Wasted costs and counsel’s conduct (Ridehalgh v Horsefield; Allen v Unigate Dairies).
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29 March 2017 |
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Statutory PSC privilege bars production of PSC communications absent Chairperson’s consent; Solicitor General must produce Minister’s June 16, 2016 letter.
Administrative law – Discovery – Relevance to pending judicial review – Statutory privilege under section 19 Public Service Commission Act bars compelled disclosure of PSC communications without Chairperson’s written consent – Letter from Minister to Solicitor General not privileged and must be produced.
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29 March 2017 |
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Appellant proved supply and non‑payment of cotton; trial judgment set aside and full amount awarded to appellant.
Civil claim for goods supplied – burden of proof under Section 102 Evidence Act – where delivery established, burden shifts to defendant to prove payment. Documentary and oral evidence – receipts/notes retained where unpaid; tearing on payment corroborative. Appellate re‑evaluation of credibility – material inconsistencies justify rejection of respondent’s evidence. Trial magistrate’s mis-evaluation of evidence warrants setting aside judgment
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23 March 2017 |
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Court upheld consolidation but allowed appeal on premature substantive ruling and unjustified costs awarded against the applicant.
Civil procedure – consolidation of applications under Order 11 CPR; discretion to consolidate; right to be heard – effect of failure to oppose consolidation; interlocutory rulings – prohibition on premature determination of substantive irregularity before trial; corporate personality – signature and capacity to bind company; costs – need for reasons when awarding costs against an individual in corporate matters.
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23 March 2017 |
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Appeal dismissed because the applicant raised new grounds without leave and failed to file lower court proceedings and decree.
Family law – Divorce – ground of cruelty established at trial; property division claim dismissed as parties had previously shared jointly acquired property. Civil procedure – Appeal – memorandum of appeal must set out grounds concisely; party may not raise new grounds on appeal without leave (Order 6 r.7; Order 43 r.1(2)). Civil procedure – Appeal competency – certified lower court proceedings and decree must accompany an appeal; absence renders appeal incompetent
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23 March 2017 |
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District Service Commission appointments void where statutory procedure and eligibility requirements were not complied with.
Local Government Act – appointment of District Service Commission members – statutory requirements for DEC recommendation, council approval, 7 clear days’ notice, urban authority and disability representation, and gender quota – eligibility and disqualification of appointees – judicial review for procedural illegality and irrationality.
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23 March 2017 |
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Registrar’s prior taxation ruling bars counterclaim as res judicata under sections 7 and 34 CPA.
Civil procedure – Res judicata (s.7 CPA) – Execution matters (s.34(1) CPA) – Registrar’s taxation ruling as final determination of execution issues – Pleadings must allege new matter to avoid res judicata – Counterclaim dismissed with costs.
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23 March 2017 |
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Whether a family member may sue in negligence for a deceased person’s claim without letters of administration.
Succession Act s.191 – requirement of letters of administration to establish rights in intestate property Law Reform (Miscellaneous Provisions) Act s.6 – family member’s capacity to sue in negligence on behalf of deceased without letters of administration Capacity to sue – beneficiary/family member v. administrator/executor Civil Procedure Act s.98 – court’s inherent power to allow amendment for proper proof of relationship Proof of relationship – requirement to attach birth certificate or credible evidence to plaint
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23 March 2017 |
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15 March 2017 |
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The appeal was dismissed for failure to prosecute after the appellant failed to file submissions or appear.
Civil procedure — Appeal — Dismissal for want of prosecution — Failure to file submissions or appear after case scheduling — Abandonment of grounds and award of costs.
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15 March 2017 |
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A prior Execution Division application did not bar the present suit by res judicata because parties and substantive issues differed.
Res judicata; scope and meaning of "suit" under section 2(x) Civil Procedure Act; identity of parties requirement; whether earlier execution/applicant proceedings decide same matter; locus standi and finality of Execution Division orders.
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13 March 2017 |
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Applicant failed to satisfy legal requirements for stay of execution: no substantial loss shown, appeal unproven, no security provided.
Civil procedure – Stay of execution – Order 43 Rule 4 and Order 22 Rule 26 – Requirements: substantial loss, no undue delay, and security – Burden to prove existence and timeliness of appeal – Taxation of costs does not automatically render appeal nugatory.
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13 March 2017 |
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A permanent injunction granted alongside an order for retrial is an apparent error and was set aside.
Civil procedure – Review for error apparent on the face of the record; Order 46 CPR; retrial (trial de novo) after appeal; incompatibility of a permanent injunction with a full remittal for retrial; requirements for interim injunctions (prima facie case, balance of convenience, irreparable harm).
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10 March 2017 |
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Application to summon creditors under section 234 dismissed for inadequate disclosure and failure to attach proposed compromise and creditors' list.
Companies Act 2012, s.234 - power to order meetings for compromise or arrangement; requirement to attach proposed compromise. Disclosure requirements - list of creditors, addresses, amounts and nature of claims necessary to determine affected class and quorum. Ex parte applications - higher standard of disclosure and verification required for creditor compromise meetings
Procedure - court to set conditions for summons, quorum and chair; recommendation for rules under s.294(1)
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6 March 2017 |
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Court expunged an unnotified valuation report and set aside taxation for valuation costs for violating parties’ right to be heard.
Civil procedure – enforcement of decree – court-appointed valuer – duty to act judicially and observe natural justice – parties entitled to notice and to be heard during valuation process. Constitutional law – right to fair hearing (Art 28(1)) – extends until final execution of decree
Costs – taxation – Taxing Officer may not tax costs not awarded by decree; taxation set aside where error in principle
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2 March 2017 |
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Advocate failed to prove valid retainer or full remittances; ordered to pay UGX 3,376,050,000 with interest.
Civil recovery of client funds; fiduciary accounting by advocate; admissibility and formalities of retainer agreements (Advocates Act s.51); evidential burden and secondary evidence; calculation of decretal sum and interest.
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2 March 2017 |
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Judicial review refused for alleged non-implementation of Leadership Code absent a final decision or statutory timeline.
Judicial review — inaction vs final decision — access to information under Leadership Code Act — mandamus to compel prescription of statutory form — absence of statutory timelines; reform process via amendment bill; prerogative relief inappropriate where no final agency decision or emergency.
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2 March 2017 |