HC: Civil Division (Uganda) - 2018 April

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5 judgments

Citation	Judgment date
April 2018
Board of Governors of St Josephs Namagunga v Chevars Agro Tourism and Care Limited (REVISION CAUSE NO. 016 OF 2015) [2018] UGHCCD 105 (26 April 2018) Revision under s83 CPA confined to jurisdictional defects; evidentiary and factual rulings are appealable, not revisable. Civil Procedure Act s83 – Revision limited to jurisdictional errors; not a substitute for appeal – Competence and exclusion of witnesses – refusal to allow further evidence – late submissions expunged as abuse of process.	26 April 2018
Busingye v Attorney General (HCCS NO. 83 OF 2011) [2018] UGHCCD 32 (25 April 2018) Official letters criticizing the applicant’s conduct were held not defamatory; claim dismissed with costs. Defamation — libel — meaning and publication — contextual meaning of words 'stealth', 'incitement', 'sabotage' — reasonable person test — publication requirement — official communications concerning contractor conduct not defamatory; qualified privilege unnecessary where no defamatory meaning established.	25 April 2018
Namadowa & 6 Ors v Kawaidhanako & 3 Ors (HCCS NO. 100 OF 2012) [2018] UGHCCD 109 (24 April 2018) Beneficiaries' revocation claim partly res judicata, but action dismissed as time-barred under the Limitation Act. * Civil procedure – res judicata (Section 7 CPA) – effect of consent judgment – Explanation 6 applicability. * Limitation – actions concerning deceased persons’ estates – 12-year period under Section 20 Limitation Act; Section 19(1) trust/fraud exception inapplicable where no trust pleaded. * Pleading requirements – disability (minority) must be pleaded to suspend limitation (O.7 r.6 CPR); particulars of fraud must be pleaded (O.6 r.3 CPR). * Procedural law – preliminary points of law (limitation) may be entertained at hearing even if not pleaded, with fair notice to parties.	24 April 2018
Kyazze Tucker V Busoga College Miwri (LABOUR DISPUTE NO. 143 OF 2016) [2018] UGHCCD 145 (13 April 2018) Termination based on an unproven retirement policy without notice was procedurally unfair; employee awarded pay in lieu, repatriation and interest. * Employment law – Termination – Retirement – absence of contractual or institutional retirement policy – employer cannot rely on unproduced standing orders. * Employment law – Termination for re-organization – Section 81 Employment Act – requirement to give at least four weeks' notice or pay in lieu. * Employment law – Remedies – pay in lieu of notice, repatriation under section 39, interest; refusal of general damages and payment in lieu of unclaimed annual leave. * Procedural fairness – employer's burden to prove policy or contractual term relied upon for dismissal.	13 April 2018
Guma v Bank of Africa (U) Limited & 2 Ors (CIVIL SUIT No. 0013 OF 2008) [2018] UGHCCD 28 (9 April 2018) Bank did not owe fiduciary duties to third‑party mortgagor; counterclaim for shs.4,000,000 succeeded. * Banking law – third‑party mortgage – distinction from indemnity/guarantee; bank’s duties limited and not fiduciary absent special circumstances * Contracts – effect of signed mortgage deed; parol evidence rule; defences to binding signature (fraud, misrepresentation, duress, undue influence, non est factum) * Civil procedure – judgment on admission; exercise of court’s discretion to enter judgment on unequivocal admission * Remedies – counterclaim enforcement, general damages and post‑judgment interest at 8%	9 April 2018