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Citation
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Judgment date
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| 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 |
| January 2017 |
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25 January 2017 |
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Default judgment did not excuse proving causation; first and second defendants liable for defamation; third defendant not vicariously liable.
Defamation – libel imputing criminal conduct actionable per se; Default/interlocutory judgment – does not relieve plaintiff of proving causation and quantum on formal proof; Pleadings and submissions are not evidence; Vicarious liability – requires proof of master‑servant/agency relationship; Unlawful dismissal/injunction claims require proof of contract of service and fair hearing.
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24 January 2017 |
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Leave to appeal refused: no arguable grounds and application amounted to abuse of process.
Election law — recounts under s.55 PEA — magistrate’s powers do not extend to staying gazetting; Revision and inherent jurisdiction — High Court may intervene where jurisdictional defects or illegal orders apparent; Orders without jurisdiction are void ab initio; Remedy for disobedience is contempt or formal set-aside; Multiplicity of proceedings — parallel applications can amount to abuse of court process.
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24 January 2017 |
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Court cannot extend the statutory 30‑day period for election petitions absent enabling provision or existing proceedings.
Parliamentary elections — Limitation of time — Section 60(3) PEA prescribes 30‑day period to file election petition — Court cannot extend statutory time by rule — Rule 19 PER enlarges time set by rules only and requires existing proceedings on record — Extension requires sufficient cause; applicant’s procedural misconduct may negate special circumstances — Recount remedy under s.63(5).
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24 January 2017 |
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Tribunal may re‑open unpleaded factual issues in merits review, but must afford fair hearing before awarding costs.
Public procurement – administrative merits review – PPDA Tribunal powers under s.91I(6) – Tribunal may stand in shoes of original decision‑maker and consider material not pleaded – distinction between merits review and judicial review – bid validity and Regulation 49(5) – Regulation 74(1)/(2) considerations – award of costs requires opportunity to be heard and reasons.
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24 January 2017 |
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23 January 2017 |
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Court set aside part of Registrar’s interim order, struck out improperly added party, and imposed tailored interim regime pending judicial review.
• Civil procedure – interlocutory orders of Registrar – appeal by motion under Order 50/Order 44 CPR – procedural irregularities may be overlooked to serve substantive justice. • Judicial review – interim relief – proper test: preserve actual status quo, consider irreparable harm and balance of convenience. • Parties – improperly added parties may be struck out; court may substitute tailored interim measures pending substantive hearing.
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19 January 2017 |
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Registration of a UK order recognizing a Tanzanian arbitral award was inappropriate; enforcement should proceed under domestic arbitration law (New York Convention).
Reciprocal Enforcement of Judgments Act – registration of foreign judgments; Arbitration and Conciliation Act – enforcement of New York Convention awards; Seat of arbitration – award treated as made in seat (Tanzania); Proper procedure for recognition and enforcement of foreign arbitral awards; Judicial discretion as to whether registration is just and convenient; Sovereignty and forum of enforcement; Requirement to disclose enforcement particulars (assets).
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17 January 2017 |
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Temporary injunction granted to beneficiaries to restrain disposition of estate land pending determination of ownership dispute.
Civil procedure – interim injunction – requirements: prima facie case, irreparable injury, balance of convenience. Succession/estate law – beneficiaries’ right to protect estate property pending administration. Property transactions – alleged fraudulent registration and protection against alienation pending trial. Ex parte proceedings where respondents fail to respond despite service.
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17 January 2017 |
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Substitution or joinder that introduces a new cause of action or substitutes a corporate plaintiff with a different natural person is disallowed.
Civil procedure – substitution of parties (Order 1 r.10(1)) – bona fide mistake vs. introduction of new claimant; Civil procedure – addition/striking out of parties (Order 1 r.10(2)) – joinder permissible only where necessary to adjudicate existing issues, not to introduce new causes of action; Amendment of pleadings (Order 6 r.19) – requisite procedure, annexure of proposed amended plaint and avoidance of prejudice to opposing party; Locus/standing – effect of incorrect or non-existent corporate plaintiff name; Prejudice and delay – substantive defence cannot be circumvented by post‑filing substitution or joinder.
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13 January 2017 |
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Central bank removal upheld; judicial review available; natural justice satisfied; immunity exception for bad faith established.
Administrative law – Judicial review of central bank supervisory action; statutory immunity under MDI Act – exception for bad faith; fit-and-proper criteria for management of microfinance institutions; natural justice – adequacy of opportunity to respond to internal audit findings; supervisory powers under sections 55, 56 and 58 and application of Second Schedule.
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13 January 2017 |
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Court consolidated two suits between the same parties over the same property due to overlapping issues.
Civil procedure – consolidation of suits – Order 11 rr 1 and 2 CPR – discretion to consolidate where same facts or questions of law arise Property law – easement agreement; disputed payments and refund claim; detinue of land titles and claim for damages Case management – requirement for joint scheduling memorandum to capture issues from consolidated suits
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13 January 2017 |
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Proceedings (judgment, taxation, execution) conducted outside the originating court after a magistrate’s transfer were nullified for lack of territorial jurisdiction.
Civil revision – territorial jurisdiction of magistrates’ courts – transfer of magistrate does not transfer court’s local jurisdiction – unsigned/undated judgment and incorrect decree date curable – taxation and execution without proof of service and outside proper venue amount to material irregularity – set aside of post‑hearing proceedings.
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10 January 2017 |