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Citation
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Judgment date
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| December 2018 |
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Court dismissed application for judicial review due to procedural filing errors and deemed respondents' actions lawful despite applicant’s mental health issues.
Judicial Review – mental health considerations – higher education admission rules – procedural fairness – discretionary relief.
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21 December 2018 |
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Interim injunction to halt AGM refused as meeting had occurred, status quo changed and balance of convenience favoured respondent.
Interlocutory injunctions – conditions for grant (prima facie case, irreparable harm, balance of convenience) – status quo – AGM held before relief – application overtaken by events – costs in the cause.
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20 December 2018 |
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Court quashed management’s outcome-driven disciplinary decisions, ordered pay pending proper process, and awarded costs.
Administrative law – Judicial review – Illegality, irrationality and procedural impropriety – Legitimate expectation; Employment law – disciplinary procedure – reliance on systems audit as performance evidence; Joinder and affidavit sufficiency; Remedies: certiorari, reinstatement/pay, costs.
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20 December 2018 |
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Prior criminal findings established civil liability; partial special and general damages, costs and interest awarded; exemplary damages denied.
* Motor vehicle collision — civil liability established by prior criminal finding and admissions. * Special damages — must be specifically pleaded and strictly proved; cogent oral evidence and photographic/market evidence may substitute for deficient documents. * General damages — compensatory principle for inconvenience. * Exemplary damages — not awarded where prior criminal costs order provides sufficient punishment. * Interest and costs — award of interest from filing and costs to successful party.
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20 December 2018 |
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Court preserved status quo by staying sale or transfer of land pending determination of leave to appeal out of time.
Civil procedure – Stay of execution pending application for leave to appeal out of time – Criteria: prima facie likelihood of success, irreparable harm or nugatory appeal, balance of convenience, promptness – Status quo preserved on land pending determination.
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20 December 2018 |
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A non-renewal of a private university employment contract is not generally amenable to judicial review.
Judicial review — availability limited to public law matters; private employment disputes are ordinarily contractual/labour matters; chartered universities’ provision of education does not automatically render individual employment decisions reviewable; legitimate expectation and procedural fairness must have a sufficient public law element; alternative labour remedies (Labour Officer/Industrial Court) appropriate.
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20 December 2018 |
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A sale of land forming part of an intestate estate without letters of administration is void; land reverts to the estate and an administrator must be appointed.
Succession law — intestacy — letters of administration required before rights to estate property can be established; sale of estate land without administration is void. Trespass — only a person in actual or constructive possession may sue. Proof of testamentary disposition — requirements for valid will and attestation. Damages — general damages for loss of land require valuation or adequate particulars.
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20 December 2018 |
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Appellant failed to rebut authenticated payment schedule; trial finding of repayment upheld and appeal dismissed with costs.
Evidence — civil standard of proof (balance of probabilities); Documentary evidence — authenticity and forgery; Loan repayment — payment schedule as prima facie proof; Agency/receipt — responsibility where employee endorsement exists; Membership vs internal management knowledge; Appellate review of credibility findings.
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19 December 2018 |
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Failure to prove sufficient cause for non‑appearance prevents reinstatement of a dismissed appeal; litigant remains responsible despite counsel’s absence.
Civil procedure — Application under Section 98 CPA to set aside dismissal for want of prosecution — requirement to show sufficient cause — negligence of counsel not automatically excusing litigant — litigant’s duty to follow proceedings — execution already effected — discretion on costs under Section 98 CPA and Section 33 Judicature Act.
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19 December 2018 |
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Plaintiff complied with municipal approvals; defendant unjustifiably halted filling-station works and must pay damages and allow continuation.
* Municipal law – permission to develop property – reliance on municipal technical approvals and NEMA certificate.* Administrative action – unlawful halting of development where permission and technical approvals exist.* Road reserves – allegation of encroachment must be supported by timely, consistent evidence; belated surveys challenged.* Remedies – award of special and general damages, refund of payments, injunction and costs for unjustified stoppage.
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19 December 2018 |
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Earlier bona fide purchase prevailed over later council allocation claims; unproven damages set aside and costs awarded to the appellant.
* Land law – ownership disputes – equitable interest; first-in-time principle; allocations by local council; credibility and inconsistency of evidence; unpleaded and unproven damages; costs follow the event.
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19 December 2018 |
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High Court refused to withdraw a subordinate suit for joint trial, finding the matters involve different land parcels and issues.
Civil Procedure Act s.18(1)(b) – withdrawal of subordinate court proceedings – scope does not mandate consolidation; consolidation/transfer – requires same subject matter and similar issues; land law – specific performance v. administration/possession claims; refusal to withdraw for joint trial where causes differ.
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19 December 2018 |
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GCM has jurisdiction where a police officer is alleged to possess war materials (tortoise grenades); application dismissed.
Constitutional jurisdiction—article 50; military jurisdiction—UPDF Act s.119(1)(h); General Court Martial jurisdiction where civilian or police possess war materials (grenades); High Court enforcement of fundamental rights.
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18 December 2018 |
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Failure to register a partnership barred the applicants’ accounting claim; applicants liable for unlawful arrest and ordered to pay UGX 20,000,000.
Partnership law – requirement to register business names under the Business Names Registration Act; failure to register precludes partnership claims; Partnership Act accounting claim; unlawful arrest and detention – constitutional remedy under Article 50; damages for wrongful arrest; possession disputes and exercise of court’s discretion under Civil Procedure Act s.98.
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18 December 2018 |
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Certificate of Title is conclusive ownership evidence; general damages upheld; mesne profits disallowed without pleaded loss.
Land law – Certificate of Title conclusive under Registration of Titles Act ss.59,64,176 – cancellation only for fraud; Civil procedure – appeals – generalised grounds struck out (Order 43 r.1(2)); Jurisdiction – LC1 lacks jurisdiction over titled land; Damages – general damages discretionary and may be upheld for mental anguish; Mesne profits – must be pleaded and particularised (business loss).
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18 December 2018 |
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Defamatory public accusation of theft held actionable per se; defendant failed to prove truth or privilege, plaintiff awarded damages.
Defamation — survival on death of defendant — defamation abates on defendant’s death; Slander — imputing criminal conduct actionable per se; Burden of proof — defendant must prove justification (truth) to succeed; Qualified privilege — requires reciprocal duty and absence of malice; Malice — lack of inquiry and reckless publication defeats privilege; Remedies — general damages, interest and costs.
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13 December 2018 |
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Court ordered defendant to limit noise to 55 dB by day and 45 dB by night to protect the right to a clean environment.
* Environmental law – Noise pollution – Application of National Environment (Noise Standards and Control) Regulations, 2003; permissible decibel limits for mixed-use areas (general environment). * Constitutional right to a clean and healthy environment (Article 39) – enforcement against excessive noise. * Remedies – Court order to abate noise (55 dB day / 45 dB night); costs each party to bear own.
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12 December 2018 |
Environmental law—noise pollution—right to a clean and healthy environment—public nuisance—regulatory compliance—permissible noise levels—mixed-use zones—injunctive relief—costs
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12 December 2018 |
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Court held transfers to the respondent were repayable advances and awarded repayment, damages, interest and costs.
* Civil law – money had and received – proof of payment to respondent and onus to prove monies not repayable; friendly/ informal loans.* Evidence – credibility and contradictions – inconsistencies do not invariably defeat a claim where the recipient fails to account for transfers.* Remedies – restitution, general damages, interest and costs.
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7 December 2018 |
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Non‑publication of LC1 results did not breach the Local Government Act; gazetting requirement applies to higher council elections only.
* Judicial review – prerogative orders – illegality, irrationality, procedural impropriety. * Electoral law – Local Government Act – distinction between Local Government Council elections (Part X) and lower administrative unit (LC1) elections. * Statutory interpretation – literal rule, use of headings and context to reconcile sections 137, 163 and 168. * Publication of results – whether section 137 requires Gazette publication of LC1 results. * Election petitions – jurisdiction for village/parish/LC1 petitions in Magistrate Grade I courts.
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7 December 2018 |
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Whether the market-management contract was breached or frustrated; court found breach and awarded damages, interest and costs.
Contract law – breach v frustration – market-management contract prematurely terminated; ownership change and government intervention do not automatically frustrate statutory market-management obligations; proof and quantification of special and general damages; interest and costs awarded.
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7 December 2018 |
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Employer held vicariously liable for bus driver's negligence; plaintiff awarded special and general damages, interest and costs.
* Tort — Negligence: driver restarted vehicle while passenger was disembarking; breach of duty and causation established.
* Vicarious liability — vehicle branded and used in employer's business; employer liable for servant's torts committed in the course of employment.
* Contributory negligence — defendant failed to prove any contributory fault; plea not sustained.
* Damages — special damages limited to pleaded and proved items; general damages for pain, suffering and loss of amenities; interest and costs awarded.
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7 December 2018 |
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The respondent maliciously burned the applicant's tractor; court awarded special, general, punitive damages, interest and costs.
Tort - Malicious damage to property (arson) - proof of liability by victim; recovery of special damages by invoice and receipts; award of general and punitive damages; interest and costs where defendant defaults.
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7 December 2018 |
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Applicant’s failure to follow-up hearing dates and serve pleadings justified dismissal and denial of reinstatement.
Civil procedure — Dismissal for want of prosecution — Application to set aside/ reinstate — Inherent powers (s.14) and s.33 Judicature Act — Duty to collect pleadings and serve/respond to hearing dates — Hearing lists on court noticeboard and law society mailing list — Diligence and abuse of process — Consideration of merits when deciding reinstatement — Costs awarded.
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7 December 2018 |
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Second employer wrongly held liable for deductions; unproven general damages set aside on appeal.
* Employment / Administrative deductions – unlawful salary deductions – liability of employer making deductions versus receiving employer – evidentiary proof required to establish liability.
* Damages – general damages require proof of actual or presumed intangible harm; absent evidence only nominal damages appropriate.
* Appellate review – rehearing and re-appraisal of evidence; interference with discretion only if error shown.
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6 December 2018 |
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Failure to gazette Local Council 1 election results was not illegal under the Local Governments Act provisions.
Judicial Review - Electoral Law - Gazetting election results - Local Council 1 elections - Publication in the national gazette not required
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2 December 2018 |
| November 2018 |
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Court held the Electoral Commission must release its decision on the applicant's electoral petition despite a pending election.
Judicial Review – Authority of the Electoral Commission – Withholding of decision due to court orders – Jurisdiction on concluded elections.
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30 November 2018 |
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Claim for unpaid terminal benefits was timely but dismissed for lack of evidence proving transfer of employer liability.
Limitation period – accrual of cause of action on termination date; Contractual liability – assignment/novation required to transfer employer obligations; Privity of contract – liabilities do not pass between distinct companies absent agreement; Employment Act s.18(3) (change of employer) requires evidence to establish joint liability.
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30 November 2018 |
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Former counsel’s negligence can constitute sufficient reason to set aside default judgment and permit pleadings out of time.
Civil procedure – setting aside default judgment; Order 9 Rule 12 CPR and Section 98 CPA; sufficient cause – negligence of former counsel; extension of time to file and serve pleadings; directions for pleadings and costs.
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30 November 2018 |
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Ministerial validation of appointment dates upheld; applicant held to have served two statutory five-year terms; review dismissed.
Administrative law – judicial review – challenge to appointment instrument dates – ministerial retrospective regularisation – compliance with statutory five‑year term (s.5(4) National Planning Authority Act) – delay and propriety of relief.
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28 November 2018 |
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Appellant failed to prove negligence or ownership of the dog; appeal dismissed for lack of evidence.
* Animals — scienter (strict liability) versus negligence — scienter not applicable where negligence and vicarious liability are pleaded.* Civil liability — negligence — elements of duty, breach and causation must be established on evidence.* Vicarious liability — requirement to prove employment/connection before imposing liability for another's acts.* Evidence — proof of ownership and identity of an animal; effect of widespread stray animals on attribution of ownership.* Civil appeals — appellate court may reassess facts where trial evaluation was defective.
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28 November 2018 |
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Prescribing methotrexate without following clinical guidelines and contraception advice was negligent; employer held vicariously liable.
Medical negligence – Prescription of methotrexate without adherence to clinical guidelines and without adequate contraception advice – causation of miscarriage; Vicarious liability of employer for employee's negligent treatment; Claim of employer's failure to verify qualifications not proved.
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27 November 2018 |
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Respondents liable for death due to negligent fueling; deceased contributorily negligent (30%); damages and interest awarded.
* Tort — Negligence — Duty of care of fuel station/pump attendant when dispensing petrol; fueling with engine running.
* Causation — Role of accelerant (petrol) vs. ignition source (faulty spark plug) in petrol-related fires.
* Contributory negligence — Apportionment where victim failed to switch off engine while fueling (30%).
* Remedies — Assessment of special and general damages, interest and costs; no exemplary damages awarded.
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23 November 2018 |
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Interim injunction granted to prevent property disposal pending main application hearing.
Property Law – interim injunction – status quo – preservation of property pending substantive suit – imminent threat of property disposal.
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22 November 2018 |
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Court grants a temporary injunction against a travel ban, citing a prima facie case and potential irreparable harm.
Temporary injunctions; prima facie case; irreparable injury; balance of convenience; res judicata; travel ban legality.
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22 November 2018 |
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A court will not restrain the DPP from prosecutorial action absent clear abuse of process or unfairness.
Constitutional law – Article 120 – Director of Public Prosecutions’ mandate to direct investigations and institute criminal proceedings; Judicial review – limits on courts interfering with prosecutorial discretion; Abuse of process – requirement for clear demonstration before injunctive relief; Prematurity – interlocutory relief inappropriate while competent criminal court proceedings pending.
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15 November 2018 |
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Application to extend time and set aside statutory demand dismissed; guarantors liable upon principal default.
Insolvency — statutory demand — service by registered mail at known postal address; Guarantor liability — arises on principal debtor default; Pending suit by principal debtor does not automatically bar action against guarantors; Extension of time — requires sufficient cause and proof of non‑service; Section 5(4) Insolvency Act — substantial dispute threshold.
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14 November 2018 |
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Court grants interim stay of execution in disciplinary case, pending appeal decision to protect applicant's livelihood.
Civil procedure – Interim order – Stay of execution pending appeal – Advocate disciplinary proceedings – Arguable appeal and risk to livelihood.
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1 November 2018 |
| October 2018 |
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Guidelines made by the Authority's Secretariat without statutory mandate were ultra vires; decisions based on them quashed and licence ordered.
* Administrative law – Judicial review – Ultra vires – subsidiary guidance must be made by authorized body; Secretariat/Secretary exceeded statutory authority. * Delegation principle – delegatus non potest delegare – core powers to make professional/regulatory instruments not delegated to secretariat absent express authority. * Procedural objection – locus standi preliminary objection dismissed where premised on assumed facts. * Remedies – quashing of ultra vires guidelines, mandamus to compel licence, damages for misfeasance in public office.
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31 October 2018 |
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Whether a workers’ compensation cause of action accrues at the accident date or at later medical assessment; claim held time-barred.
Limitation of actions – accrual of cause of action in workers’ compensation claims – whether cause of action accrues at date of accident or at date of final medical assessment of permanent disability – effect of absence of continuous treatment or employer notification – strict application of Limitation Act for personal injury claims.
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26 October 2018 |
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Court quashed respondent’s termination of the applicant’s appointment for illegality, bad faith and procedural impropriety.
Judicial review – Administrative justice – Natural justice and fair hearing – Procedural impropriety – Abuse of discretion and mala fides in rescinding long‑standing appointment – Retrospective application of service rules – Remedies: certiorari, damages and costs.
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26 October 2018 |
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A willfully absent appellant cannot complain of denial of fair hearing; ex parte judgment upheld and appeal dismissed.
* Civil procedure – Ex parte proceedings – Where summons or notice of hearing is duly served the court may proceed ex parte under Order 9 r.20(1)(a). * Civil procedure – Setting aside ex parte judgment – Requires satisfactory explanation and disclosure of defence to justify reopening. * Constitutional/fair hearing – A party who wilfully and voluntarily absents cannot later claim denial of the right to be heard.
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25 October 2018 |
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Respondents' land recovery claim was time-barred and extinguished by prescription for failure to plead disability.
Limitation — actions to recover land based on title governed by Limitation Act s.5 and s.6; extinctive prescription and adverse possession; requirement to plead disability (Order 18 r.13) to toll limitation; locus in quo inspections — limited scope and cannot fill gaps in evidence; improper admission of evidence requires demonstration of miscarriage of justice (Evidence Act s.166; Civil Procedure Act s.70); appellate re-hearing standard on conflicting evidence.
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25 October 2018 |
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Individuals who instituted proceedings in an unincorporated association’s name without authority must personally pay the resulting costs.
Civil procedure – review of Registrar’s order – error on face of record; Unincorporated associations – capacity to sue – lack of legal personality; Costs against non-parties – inherent jurisdiction where non-party is the real/substantial litigant; Abuse of process – instituting suit without authority justifies personal costs.
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25 October 2018 |
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Court set aside excessive taxation award where Taxing Officer applied compensatory rationale instead of indemnity principle.
Costs and taxation – Assessments by Taxing Officer – Scope of judicial interference – Exceptional cases where wrong principle applied; Instruction fees – party-and-party costs guided by indemnity, not compensation; Disbursements – must be supported by probative evidence; Advocates Remuneration Rules – applicability to ascertainable subject matter and complexity.
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25 October 2018 |
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High Court set aside LC I and LC II land judgments as nullities for lack of lawful constitution and required quorum.
* Local Council Courts – jurisdiction – LC I and LC II lacked lawful constitution in 2012 where national LC I/II elections had not been conducted; therefore no jurisdiction to adjudicate. * Quorum – statutory requirement for female representation (s.4(3) LGA); absence renders proceedings irregular. * Revision – High Court’s powers under s.83 CPA and O.52 r.1 CPR to set aside nullities in lower-court proceedings. * Remedy – declaration of nullity, setting aside of judgments and restoration of parties to original positions.
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25 October 2018 |
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Revision dismissed where applicant failed to prove misrepresentation of LCII judgment and unduly delayed challenging execution.
* Civil Procedure – Revision under s.83 – confined to material procedural irregularity or illegality, not errors of fact or law. * Evidence – Use of extrinsic evidence to interpret or supplement a judgment: admissible only where the judgment is ambiguous or silent. * Execution – Delay in challenging verification and execution undermines relief; finality of litigation and s.70 prevent setting aside decrees absent miscarriage of justice. * Appropriate remedy – distinction between revision and other statutory remedies for challenging execution.
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25 October 2018 |
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Prior equitable purchase preceded appellant’s part-payment and, with notice, defeated her claim; appeal dismissed with costs.
* Civil procedure – res judicata – applicability where earlier decision was preliminary versus decided on merits; * Property law – double sale of immovable property – priority of equities: earlier equitable interest prevails unless displaced by a bona fide purchaser for value without notice; * Evidence – locus in quo inspection and additional witness evidence admissibility and effect; * Purchaser in good faith – actual and constructive notice and duty to inquire.
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25 October 2018 |
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Applicant failed to prove excessive execution; eviction application dismissed for lack of particulars and return of execution.
Execution — Alleged excessive execution — Applicant must produce pleadings, decree and return of execution (Order 22 r.22(1) CPR) to prove eviction beyond decree; Court’s powers under s.34 CPA limited by available evidence.
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25 October 2018 |
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A claimant must prove clearly any gift of communal customary land; traditional leaders cannot alienate communal land without community approval.
Customary land – communal ownership and use – usufructuary rights v. exclusive ownership – burden of proof for gifts of communal land – trustee role of traditional leader (Rwot) – admissibility and effect of locus in quo evidence.
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25 October 2018 |