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Citation
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Judgment date
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| July 2018 |
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Urgency certificate refused where affidavit lacked evidential sources and claim was brought against a non-existent District Service Commission.
Judicature – Certificate of urgency – test for urgency and prohibition of self-created urgency; affidavits on information – duty to disclose sources; procedural standing – District Service Commission lacks separate legal personality and cannot be sued.
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23 July 2018 |
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17 July 2018 |
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The applicants were granted leave to appeal out of time due to lack of judgment notice and lawyer's absence.
Civil Procedure - Application for leave to appeal out of time - Lack of judgment notice - Lawyer's unavailability.
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17 July 2018 |
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Electoral Commission validly denominated candidate where academic papers bore different names and lawful change of name was not proved.
Electoral law – nomination validity – discrepancy between name on national register/ID and academic documents – requirement to prove lawful change of name; locus standi – political parties can lodge complaints with the Electoral Commission; procedural validity – Commission decision communicated by Chairman competent; gazetting of unopposed candidate lawful and revocable.
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13 July 2018 |
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Applicant failed to disclose a bona fide triable issue; summary judgment for UGX 154,000,000 entered with costs.
Civil procedure – Summary judgment (Order 36 r.3(1); s.101 Civil Procedure Act) – Defendant must show by affidavit a bona fide triable issue; evidence cannot be introduced from the bar or by counsel’s oral submissions in place of sworn averments; failure to disclose triable issue attracts dismissal and entry of judgment for claimant.
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13 July 2018 |
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13 July 2018 |
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13 July 2018 |
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Applicants failed to prove the university's admission-cancellation was unlawful; applicants bear responsibility for accurate online application submissions.
* Administrative law – Judicial review – Grounds: illegality, irrationality (Wednesbury unreasonableness), procedural impropriety and natural justice.
* Admissions law – University admissions – burden on applicants to ensure accuracy of online applications and to attach certified transcripts.
* Procedural fairness – Right to fair hearing – departmental and ad hoc committee processes reviewed.
* Evidence – Applicant’s unsupported allegation of a flawed online system and unnamed agent insufficient to rebut documentary CGPA evidence.
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13 July 2018 |
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Applicants’ admissions lawfully cancelled for misrepresentation; judicial review dismissed; each party to bear own costs.
Administrative law – Judicial review – scope limited to decision-making process; onus on applicants to ensure accuracy of admission applications; manifest unreasonableness standard; procedural fairness in academic disciplinary/admissions proceedings; adequacy of advertisement and notice of entry requirements.
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13 July 2018 |
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Court dismissed application challenging admissions cancellation for lack of proof of unreasonableness or procedural unfairness.
Judicial Review – University admissions – Legality of admissions cancellation – Eligibility and procedural fairness – Online application system flaws.
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13 July 2018 |
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Vacant possession granted after execution sale; committal declined to avoid double punishment; deposited proceeds released to respondent.
Civil procedure – execution and vacant possession – entitlement to possession following judgment and execution sale; committal to civil prison for obstructing possession; release of court-deposited sale proceeds; costs of execution proceedings.
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12 July 2018 |
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Electoral Commission erred by upholding refusal to nominate for lack of original academic documents; photocopies/verification suffice.
Parliamentary Elections Act – verification of academic qualifications – requirement of originals not prescribed – Electoral Commission responsibility to verify qualifications (timing for by-elections) – photocopies/UNEB verification acceptable – remedy: order to nominate and costs.
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11 July 2018 |
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Stay of execution denied where applicants showed no substantial loss, unreasonably delayed appeal filing and provided no security.
Stay of execution – Order 43 Rule 4 CPR – requirements: substantial loss, no unreasonable delay, security for due performance; Section 79 CPA – appeals to be filed within 30 days; delay and lack of security defeat stay application; immovable property considerations.
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11 July 2018 |
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Court reduces excessive instruction fees awarded in a taxation review application for contempt of court.
Review of taxation – instruction fees – assessment of reasonable fees – discretion of taxing officer – judicial review of taxation award
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11 July 2018 |
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11 July 2018 |
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Habeas corpus cannot be used to challenge ongoing military criminal proceedings once the applicant has been produced in court.
Habeas corpus – scope limited to legality of arrest, imprisonment and production; not a vehicle to challenge ongoing criminal prosecutions or trial court jurisdiction; Court Martial jurisdictional objections to be determined by appropriate criminal or constitutional processes.
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9 July 2018 |
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Court dismissed a habeas corpus application challenging a civilian's trial in a military court, citing lawful detention procedures.
Constitutional and criminal law – habeas corpus – legality of detention – jurisdiction of military courts over civilians.
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9 July 2018 |
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Applicants granted extension and leave to appeal against contempt ruling due to incomplete ruling delivery.
Civil Procedure - Application for extension of time - Leave to appeal - Contempt of court implications on appeal rights.
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9 July 2018 |
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2nd respondent found in contempt of court for ignoring judicial order recognizing applicant's leadership role.
Contempt of Court – Recognition of Court Orders – Compliance by governmental bodies and third parties – Accountability and authority in contempt proceedings.
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9 July 2018 |
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Court allowed joinder of Attorney General & Uganda Investment Authority for complete settlement of environmental policy dispute.
Civil Procedure - Joinder of defendants - necessity for complete settlement - introduction of new parties permissible.
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6 July 2018 |
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High Court granted conditional stay of execution pending appeal, requiring deposit of Shs.20,000,000 as security for costs.
Stay of execution pending appeal; Order 43 CPR – conditions (substantial loss, no unreasonable delay, security); High Court jurisdiction to stay despite possible defect in notice of appeal; security for costs as discretionary condition; preservation of status quo to prevent appeal being rendered nugatory.
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6 July 2018 |
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Application to set aside ex parte judgment dismissed as res judicata and abuse of court process.
Civil Procedure - Ex parte judgment - Res judicata - Abuse of court process - Setting aside judgment
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2 July 2018 |
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Court ordered a meeting for share allocation after one shareholder's liquidation left a single shareholder unable to conduct it.
Companies Act – Liquidation – Impracticability to convene company meeting – Court ordered meeting to transfer shares
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2 July 2018 |