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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 |