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Citation
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Judgment date
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| September 2018 |
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Court quashed NAADS's decision for excluding applicants from Tea Development MoUs as illegal, unconsulted policy change.
Administrative Law - Judicial Review - Illegality and procedural impropriety - Change in government policy without consultation - Certiorari and Prohibition orders granted.
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4 September 2018 |
| August 2018 |
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High Court reviews procedural irregularity, orders consolidation of suits for fair hearing.
Civil Procedure - Revision - Material irregularity in jurisdiction - Consolidation of cases - Right to be heard.
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31 August 2018 |
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Court ordered an EGM under Companies Act s142 to allow share transmission or allotment where quorum was lacking after a shareholder’s death.
Companies Act s142 – court-ordered meetings where impracticable to convene; corporate deadlock due to deceased shareholder; transmission and allotment of shares; Judicature Act s33 remedial powers; costs payable by company.
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31 August 2018 |
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Court dismisses fraudulent attempt to reopen employment claim settled by consent judgment and final award.
Employment law – employee claims – settlement agreement – abuse of process in attempting to reopen settled claims
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30 August 2018 |
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Plaintiff entitled to in-house retirement benefits; awarded damages, interest and costs for prolonged denial.
* Pension/In-house retirement scheme – interim awards as stop-gap measures – recipients entitled to final benefits under new scheme.
* Interim award – not a final settlement – does not bar subsequent claim for full retirement benefits.
* Remedies – award of general damages for prolonged denial of pension, interest, and costs.
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30 August 2018 |
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Blanket ministerial ban on fishing‑gear imports was unlawful and breached fair hearing, but prerogative orders were declined as ban lapsed.
Judicial review – Illegality and ultra vires acts – Minister lacking jurisdiction where specific Fish Act governs; Procedural fairness – legitimate expectation and right to be heard; Irrationality/Wednesbury unreasonableness; Remedies – discretionary refusal of prerogative orders where decision has lapsed; Declaratory relief and damages; Proper joinder of implementing agency (URA).
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28 August 2018 |
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Review of state authority's discretion under anti-terrorism laws to freeze assets without prior notice to account holders.
Judicial review – Anti-Terrorism Act – Freezing of bank accounts – Discretionary powers – Natural justice.
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27 August 2018 |
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Minister acted ultra vires and denied procedural fairness in barring an association’s nominated board representative.
Administrative law – judicial review; ultra vires action by Minister; natural justice – right to fair hearing; mandamus to compel appointment; refusal of unproven damages.
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24 August 2018 |
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Minister acted ultra vires and denied fair hearing when rejecting an association’s nominated board representative; decision quashed and mandamus issued.
* Administrative law – judicial review – limits of ministerial discretion in appointments – ultra vires acts
* Administrative law – natural justice – duty to afford hearing where adverse findings underpin a decision
* Statutory interpretation – National Drug Policy and Authority Act – composition of NDA and source of membership
* Remedies – certiorari to quash decision and mandamus to compel ministerial act; damages denied for lack of proof
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24 August 2018 |
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A consent judgment entered without jurisdiction or administrator capacity may be set aside; civil imprisonment for non-monetary decrees is unlawful.
* Succession law – jurisdiction over caveat removal and administration causes – Chief Magistrate’s jurisdiction versus High Court. * Consent judgments – validity, common mistake, illegality, and capacity to bind parties in estate matters. * Execution – civil imprisonment for non-monetary decrees/specific performance requires proof of willful refusal and means; re-arrest under same decree prohibited. * Limitation and laches – applicability when illegality alleged and decree still enforceable.
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24 August 2018 |
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Employee continued by conduct; termination was wrongful, arrest and prosecution unlawful and malicious, substantial damages awarded.
Employment law contract by conduct unlawful termination; Constitutional and tort liability unlawful arrest, false imprisonment and malicious prosecution; Remedies general, exemplary damages and interest; costs.
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23 August 2018 |
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Review dismissed: alleged error was not self‑evident; misconstruction or discretionary decisions are matters for appeal.
Civil procedure – Review – Error apparent on the face of the record – Jurisdiction of a Judge other than the one who made the order – Distinction between review and appeal; misapplication of law or discretionary errors are matters for appeal, not review.
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23 August 2018 |
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Wrongful utility disconnection and erroneous billing constituted breach of contract and trespass, awarding damages to the plaintiff.
Utility law — unlawful disconnection and breach of supply contract; trespass ab initio where lawful access is abused; pleading rule for special damages; bad-debt write-off as evidence of non-liability; remedies — special and general damages, costs and interest; punitive damages not awarded without particulars.
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22 August 2018 |
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Court ordered removal of caveat: guarantor status and failure to prove forgery defeated claimed family/matrimonial interest.
Land law – caveat – removal of caveat where guarantor status implies consent; Family land/matrimonial property – Section 38A (Land Act) – definition and effect on disposal; Evidence – burden to prove forgery under Sections 101 and 102 of the Evidence Act; Civil procedure – interim protection by caveat versus proof of equitable interest.
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22 August 2018 |
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Dismissal of a stay application in a public procurement dispute due to executed contract and lack of status quo.
Public Procurement - Stay of Execution - Contract Execution - Balance of Convenience
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20 August 2018 |
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Court granted stay of execution pending appeal where appeal was pending, execution risk existed and respondent did not reply.
Civil procedure — Stay of execution pending appeal — Conditions for grant: substantive appeal with prospects of success; risk execution will render appeal nugatory; promptness — Respondent's failure to reply treated as concession; Order granted under s.98 Civil Procedure Act and Order 22 r.23 CPR.
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20 August 2018 |
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Applicant failed to exhaust university appeals and the judicial review application was moot; suspension lawfully imposed.
* Judicial review – exhaustion of internal remedies – university disciplinary appeals; * Mootness – remedies discretionary where events overtaken by implementation; * Administrative law – review grounds: illegality, irrationality, procedural impropriety; * Natural justice – right to be heard does not necessarily include right to counsel in university disciplinary proceedings.
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17 August 2018 |
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Application for extension of time to appeal dismissed for unexplained two-year delay and lack of sufficient cause.
* Civil procedure – extension of time to file appeal – requirement to show sufficient cause related to inability to take necessary steps within prescribed time. * Evidence – supplementary affidavit filed without leave – struck off; parties must seek leave to file additional affidavits. * Appeals – requirement under Order 43 to present a Memorandum of Appeal; filing notice or letter is insufficient.
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17 August 2018 |
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Application to challenge appointment of Chairperson of National Drug Authority dismissed due to lack of public interest litigation grounds.
Constitutional law – enforcement of rights – public interest litigation – appointment of statutory authority officials – conflict of interest considerations.
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17 August 2018 |
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A constitutional enforcement action challenging a regulator’s appointment was incompetent and dismissed; no unlawful appointment or conflict proved.
Administrative law – judicial review v constitutional enforcement under Article 50; appointment of public officials – ministerial discretion and its limits; licensing and professional regulation – effect of licence renewal grace period; conflict of interest – standards for disqualification of regulatory chairpersons.
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17 August 2018 |
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Applicant’s Article 50 challenge was incompetent; ministerial appointment lawful and application dismissed with costs.
Constitutional procedure — Article 50 enforcement vs judicial review — competence to challenge administrative appointments; Administrative law — scope and limits of ministerial discretion in appointments; Professional licensing — effect of delayed licence renewal and routine grace periods; Conflict of interest — speculative allegations insufficient to disqualify public officeholders.
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17 August 2018 |
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Application for extension of time to appeal dismissed due to lack of sufficient cause and unexplained delay.
Civil Procedure - Extension of Time - Filing an Appeal - Sufficient Cause - Supplementary Affidavit
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17 August 2018 |
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Applicant failed to show sufficient cause for extension of time to file an appeal; application dismissed with costs.
Extension of time – sufficiency of cause – delay of over two years unexplained; supplementary affidavit filed without leave struck off – Order 52 r.3; appeal procedure – requirement to present Memorandum of Appeal – Order 43; dilatory conduct or wrong tactical decision by counsel not sufficient cause.
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17 August 2018 |
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Judicial review dismissed: school lawfully excluded student for unpaid prior-term fees; no legitimate expectation or procedural unfairness established.
Administrative law – judicial review – amenability of school decisions to review; procedural fairness and natural justice; legitimate expectation; contractual and rule-based obligation to pay school fees; reliefs of certiorari, declaration and mandamus; affidavit admissibility and preliminary objections.
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16 August 2018 |
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Court found serious regulatory and governance failings and declared a ministerial import ban illegal but refused prerogative remedies as moot.
Administrative law – Judicial review – Illegality, irrationality and procedural impropriety as grounds for review; discretion in granting prerogative remedies where impugned decision has expired; Regulation of collecting societies – statutory duties of registrar, requirement for audits, provident fund, proper meetings and transparent governance; Right to a hearing before revocation of licences.
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16 August 2018 |
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Court held the ban on fishing gear importation was illegal and awarded damages to the applicant for procedural unfairness.
Administrative law - Judicial review - Illegality, irrationality, and procedural impropriety in banning importation - Ultra vires actions by a Minister.
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16 August 2018 |
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Court orders mandamus compelling restoration of wrongly re-surveyed land by commissioner under statutory duty.
Judicial review – Mandamus – Restoration of deed plan – Statutory duty under Registration of Titles Act – Enforcement of meeting resolutions.
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16 August 2018 |
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High Court affirms jurisdiction of magistrate in small claims, despite applicant's limitation argument.
Civil Procedure - Revision - jurisdiction and limitation in small claims - informal evidence rules - awarding of costs
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16 August 2018 |
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Court ordered issuance of pharmacy license per 2017 guidelines, citing illegality and irrationality in decision made.
Judicial Review – Pharmacy licensing – Legitimacy of decision-making process – Applicability of guidelines – Legitimate expectation.
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16 August 2018 |
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Applicant had legitimate expectation to a 2017 pharmacy licence; respondent’s retroactive application of 2018 guidelines was unlawful and unreasonable.
Administrative law – Judicial review – Legitimate expectation – Representation by public authority to apply under 2017 Guidelines – Retrospective application of 2018 Guidelines – Irrationality/unreasonableness of decision – Remedies: certiorari, mandamus, damages and costs.
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16 August 2018 |
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Applicant failed to exhaust the statutory appeal route; acting appointment did not create legitimate expectation of substantive promotion.
Administrative law – Judicial review – requirement to exhaust statutory alternative remedies (University Staff Tribunal) before High Court review; Public employment – recruitment procedures and composition of appointments board; Legitimate expectation – acting appointment does not automatically create substantive promotion expectation where HR policy mandates external advertisement; Judicial discretion – refusal of certiorari where decision affects innocent third party who has assumed office.
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16 August 2018 |
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Seller's failure to effect transfer and provide title documents after full payment justified specific performance and dismissal of the appeal.
Land law – Contract of sale of land – Seller’s duty to facilitate subdivision and to sign/produce transfer and mutation forms and title; Specific performance where buyer has paid and seller delays beyond reasonable time; Possession and equitable ownership vis-à-vis unregistered title; Role of locus in quo and credibility findings; Distinguishability of precedent.
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16 August 2018 |
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Disconnection of a customer's electricity without regulatory basis or a hearing is unlawful; appeal dismissed with costs.
* Electricity law – unlawful disconnection – bulk metering – necessity of regulatory approval and lawful grounds under Electricity (Quality of Service Code) Regulations 2003; * Administrative law – procedural fairness – right to be heard; * Contract/memorandum – third parties not bound by agreement between licensee and association.
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16 August 2018 |
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Judicial review dismissed as alternative remedies were not exhausted, and no breach of procedure or legitimate expectation for promotion was found.
Judicial Review – Exhaustion of Alternative Remedies – Legitimate Expectation for Promotion – Procedural Impropriety in Appointment Processes.
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15 August 2018 |
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15 August 2018 |
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15 August 2018 |
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15 August 2018 |
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14 August 2018 |
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13 August 2018 |
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3 August 2018 |
| 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 |