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Citation
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Judgment date
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| April 2017 |
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Revision inappropriate; damages were within the magistrate’s pecuniary jurisdiction and taxation/procedure issues require appeal or review.
* Civil procedure – Revision under section 83 CPA – Scope limited to jurisdictional excess, failure to exercise jurisdiction, illegality or material irregularity.
* Pecuniary jurisdiction – Determination excludes interest and taxed costs; damages alone determine threshold.
* Taxation and procedural complaints under O.17 r.4 CPR – Remedy by appeal or review, not revision.
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24 April 2017 |
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Email termination satisfied 14‑day written‑notice requirement; plaintiff failed to prove large special damages, awarded UGX 2,544,000 plus interest.
Franchise agreement – termination – clause permitting termination on 14 days’ written notice; Electronic Transactions Act – electronic communications valid as written notice; proof of damages – special damages must be specifically pleaded and strictly proved; award of general damages and interest; costs—each party to bear own costs.
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20 April 2017 |
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Excessive delay by the Law Council in deciding an enrolment application was unreasonable; court ordered mandamus to compel a decision within 14 days.
Administrative law — Judicial review of inaction/delay — Excessive delay may amount to reviewable unlawful inaction — Mandamus appropriate to compel statutory decision — Declarations, certiorari or prohibition require a final decision; damages not awarded absent separate cause of action.
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20 April 2017 |
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University’s withholding of graduates’ certificates was unlawful; selected plaintiffs awarded UGX 50,000,000 each plus costs.
* Administrative law / education – unlawful retention of academic certificates and transcripts – entitlement to declaration and return of academic documents; * Civil damages – assessment of general damages for loss of opportunity, humiliation and frustration of legitimate expectations; * Civil procedure – costs follow the event.
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20 April 2017 |
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A fresh mandamus application is barred by res judicata where an earlier unvaried mandamus order exists; enforcement, not re-litigation, is required.
* Administrative law – Prerogative writs – Mandamus – Whether a fresh mandamus application is barred where an earlier mandamus order exists (res judicata).
* Civil procedure – Res judicata – Finality of judgments – Enforcement of existing orders vs re-litigation.
* Execution – Certificate of order against Secretary to the Treasury – Effect of not being varied or set aside leads to enforcement remedy.
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20 April 2017 |
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Acquittal on appeal supports a malicious prosecution claim; respondents ordered to return property and pay damages.
Malicious prosecution – elements: institution/instigation of proceedings, lack of reasonable/probable cause, malice, and favourable termination (Mbowa v East Mengo Admn; Pike v Waldrum); appellate duty to re-evaluate evidence; remedy: return of property and damages for malicious prosecution, assault and defamation.
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19 April 2017 |
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Whether omission to install gutters constituted actionable nuisance and how liability should be apportioned between neighbours.
Nuisance – private nuisance arising from use of adjoining land; causation and proximate cause; apportionment of liability between neighbouring landowners; procedural omission of locus visit notes does not automatically vitiate determination where oral evidence suffices.
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13 April 2017 |
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GCM lacked jurisdiction to try the applicant where the charge sheet failed to allege aiding-and-abetting under section 119(1)(g).
* Constitutional law – Right to a fair trial (article 28(1)) – competency of tribunal – High Court jurisdiction to enforce constitutional rights (article 50).
* Military jurisdiction – General Court Martial – jurisdiction over civilians for service offences subject to section 119(1)(g) UPDF Act.
* Criminal procedure – Charge sheet particulars – requirement to disclose aiding and abetting of persons subject to military law to confer GCM jurisdiction.
* Remedies – permanent injunction, immediate release, and compensation for unlawful deprivation of liberty.
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13 April 2017 |
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GCM lacks jurisdiction where the charge sheet fails to disclose aiding or abetting of military personnel, violating Article 28(1).
* Constitutional law – Article 50(1) enforcement – High Court jurisdiction to enforce Article 28(1). * Military law – General Court Martial jurisdiction over civilians for service offences contingent on section 119(1)(g) UPDF Act. * Criminal procedure – jurisdiction is determined from the face of the charge sheet; particulars must disclose aiding/abetting of persons subject to military law. * Remedies – declaration, permanent injunction, release, general damages where military prosecution is incompetent.
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13 April 2017 |
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Whether a registered cultural institution has capacity to sue and whether government recognition of its leader was procured by fraud.
Cultural institutions – capacity to sue – Institution of Traditional or Cultural Leaders Act 2011 – corporation sole; leadership disputes – validity of government gazettement; fraud allegations – higher civil standard of proof; counterclaims – cause of action and locus standi.
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12 April 2017 |
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A consent judgment stands unless vitiated by proven fraud, lack of counsel authority, mistake, or material irregularity.
* Civil procedure – consent judgment – binding contractual effect – can only be set aside for fraud, mistake, misapprehension or contravention of court policy. * Advocate’s authority – apparent authority to settle and sign consent judgments unless client withdraws instructions or proves advocate’s fraud. * Forgery allegations – require cogent evidence; forensic report unexplained/rebutted fatal to challenge. * Formal irregularities – inadvertent use of wrong court seal is not fatal where judicial officer had capacity.
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12 April 2017 |
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Appeal dismissed: trial court correctly found claimant's sale evidence proved and mortgage claim unproven; heir may sue without letters.
Land law – proof of ownership – sale versus mortgage – admissibility of unsigned agreements; Evidence – corroboration and weight of oral testimony; Succession – beneficiary’s locus standi to sue without letters of administration; Appeal – re-evaluation of evidence and absence of miscarriage of justice.
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10 April 2017 |
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Mandamus will not compel promotion where ministerial clearance and wage availability for the post are not lawfully in place.
Administrative law – Mandamus – requirement that applicant demonstrate a legal right to compel performance; Public Service/Establishment Notice – mandatory ministerial clearance and wage-availability before recruitment or confirmation; Illegality – courts will not compel unlawful administrative action; Budgetary constraints – absence of funds precludes compelled recruitment.
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7 April 2017 |
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Manufacturer held liable for defective beverage with foreign particles; damages reduced and unpleaded business-loss claim rejected.
* Product liability – manufacturer’s duty of care – Donoghue v Stevenson – liability for supplying defective beverage containing foreign particles.
* Evidence – corroboration by server, police and government analyst – burden to prove defect and manufacturer’s opportunity to rebut.
* Damages – assessment reduced where injury primarily psychological; awards for business loss require pleading and proof.
* Civil procedure – failure to call quality-control witnesses or adduce protocols weakens defendant’s defence.
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6 April 2017 |
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Employment Act vests employment dispute jurisdiction in Labour Officers/Industrial Court; magistrate's self-reversal was irregular; case transferred.
Employment law – Jurisdiction of Labour Officers and Industrial Court v magistrates’ courts; statutory transfer of jurisdiction under Employment Act 2006; review and functus officio; High Court revision powers under section 83 CPA; transitional provision section 99(2).
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6 April 2017 |
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A landlord may lawfully obtain distress against a tenant despite a vague interim order affecting a goodwill owner.
* Landlord and tenancy law – distress for rent – registered proprietor entitled to apply for certificate to levy distress against defaulting tenant.
* Interim relief – purpose to preserve status quo – vague orders ("stop" vs "restrain") may be ineffective.
* Goodwill/sub-tenancy – lack of direct landlord relationship limits ability to prevent landlord’s distress; remedy lies in damages against substantive tenant.
* Professional conduct – advocate entitled to rely on legal status of parties; no misconduct found.
* Revision jurisdiction – no material irregularity or unlawful exercise of jurisdiction found by magistrate.
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4 April 2017 |
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Administrative decision halting deployment without budgetary due diligence or fair procedure was unlawful; deployment and damages ordered.
Administrative law – Judicial review – timeliness of application; Public Service Commission Regulations – Regulation 26(1) (vacancy/budget) and Regulation 29(1) (appointment letter within one month) – illegality for advertising without funds and failing to issue appointment; Wednesbury irrationality – halting deployment sine die while others deployed; Procedural impropriety – failure to afford fair hearing or written reasons; Remedies – certiorari, mandamus and damages.
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4 April 2017 |
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Amended plaint filed late and introducing time‑barred personal injury claims was disallowed for limitation and pleading defects.
* Civil procedure – Amendment of pleadings – Order 6 rules 19–22 – Leave required for late amendments – Opposing party may apply to disallow under Order 6 r 22. * Limitation – Introduction of personal injury claims – three-year limitation under Limitation Act – late amendment that adds time‑barred causes of action may be disallowed. * Pleadings – Order 6 r 1 – pleadings must state brief material facts, not detailed evidence; pleadings framed as evidence may be struck out.
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4 April 2017 |
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Application to set aside executed consent judgment dismissed for lack of merit, privity and failure to obtain representative order.
* Civil procedure – Review of consent judgments – Consent may be set aside only for fraud, collusion or reasons that vitiate the agreement.
* Civil procedure – Competency and enforceability – Where a consent judgment has been executed and beneficiaries paid are not parties to the review, orders may be unenforceable and the application academic.
* Contract/privity – A party not privy to a consent agreement cannot be bound by or sued under it.
* Civil procedure – Representative suits – Requirement of Order 1 rule 8 for representative orders is mandatory; power of attorney insufficient.
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3 April 2017 |
| 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 |
| 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 |