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Citation
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Judgment date
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| 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 |
| June 2018 |
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Court orders the release of disputed goods to the applicant subject to indemnity for third-party claims.
Customs law – release of goods – fraudulent consignee claim – indemnity against third-party claims.
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29 June 2018 |
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Belated, speculative transfer to seek higher damages dismissed as abuse of process causing prejudice to respondent.
Civil procedure — Withdrawal and transfer of suit — Sections 18 CPA and 218 MCA — discretion of High Court — dominus litis balanced against abuse of process — balance of convenience — belated and speculative claim for increased damages — prejudice to respondent — dismissal with costs.
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25 June 2018 |
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Applicant failed to meet statutory grounds to review a four-year-old consent judgment awarding transport allowances; application dismissed with costs.
* Civil procedure – Review of judgment – Section 82 Civil Procedure Act and Order 46 r.1 CPR – grounds: new evidence, error apparent on face of record, other sufficient cause.
* Consent judgments – finality and review – delay/laches undermining review applications.
* Alleged illegality of consent order – applicant must meet statutory review threshold to obtain relief.
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22 June 2018 |
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Applicant failed to establish grounds to review a four-year-old consent judgment awarding transport allowance; application dismissed with costs.
Civil procedure — Review of judgment — section 82 Civil Procedure Act and Order 46 rule 1 CPR — grounds: new evidence, error apparent on face of record, other sufficient cause — Consent judgments — delay/laches in seeking review — legality of awards of allowances under statutory scheme.
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22 June 2018 |
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22 June 2018 |
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21 June 2018 |
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Court set aside an ex parte summary judgment, applying Shah v Mbogo and ordering the matter to be heard on its merits.
* Civil procedure – summary judgment and setting aside ex parte judgments – discretion to set aside where injustice caused by accident, inadvertence or excusable mistake – Shah v Mbogo applied.
* Civil procedure – want of prosecution – non-appearance and invocation of court’s power to strike out.
* Procedure – unauthorised supplementary filings – expunged from record.
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21 June 2018 |
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20 June 2018 |
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Judicial review dismissed where examination board gave notice and fair hearing before withholding results; each party to bear own costs.
Administrative law – Judicial review – Withholding/cancellation of examination results – Fair hearing and notice – Investigation of examination malpractices – Appropriateness of judicial review to interfere with statutory mandate.
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20 June 2018 |
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20 June 2018 |
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17 June 2018 |
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Court partially revised a taxed bill, reducing instruction fees, correcting VAT and arithmetic, allowing Shs 4,557,000.
* Advocates Act s.62 – review of taxation of costs – limited judicial interference with taxing officer’s discretion except in exceptional cases
* Taxation – instruction fees – reasonableness for an application for leave to appeal
* Taxation – copy costs – application of Sixth Schedule regulations to folios and copies
* VAT on legal costs – requirement for certificate and correct basis for computation (only on taxable fees)
* Taxation – arithmetic/clerical errors in bill of costs necessitating re-taxation
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11 June 2018 |
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Whether a judge should disturb a taxing officer’s costs assessment, including instruction fees and VAT computation.
Taxation of costs; judicial restraint in interfering with taxing officer; exception where wrong principle, manifest excess or arithmetic error; instruction fees; VAT limited to instruction fees; Sixth Schedule compliance.
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11 June 2018 |
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Court quashes public notice granting exclusive waste collection rights, mandates authorization of private collectors.
Judicial Review – Legality of public notices – Exclusive rights in waste management – Compliance with statutory provisions – Mandamus and certiorari reliefs.
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10 June 2018 |
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Compulsory retirement under non‑statutory Guidelines violated public servants' constitutional protections, meriting damages and terminal benefits.
Public service law – compulsory retirement – administrative Guidelines do not have force of law to remove public servants before statutory retirement age – Article 173 protection of tenure – Pensions Act entitlements – District Service Commission as organ of Local Government – remedies: terminal benefits, general and exemplary damages.
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6 June 2018 |
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The court granted leave to appeal after determining that applicants were denied a chance to contest an ex parte decision.
Civil Procedure – appeal – leave to appeal – grounds deserving judicial consideration – ex parte decisions – insufficient service of notice.
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1 June 2018 |
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Leave to appeal granted where consent judgment was set aside ex parte without service and counsel improperly acted as witness.
* Civil procedure – Leave to appeal – Order 44(2) CPR – grant where prima facie grounds/real prospect of success. * Consent judgments – nature as contract – setting aside and requirement for fair hearing/service. * Ex parte proceedings – effect of lack of service on fairness and right to be heard. * Professional conduct – advocate as witness and advocate – Advocates (Professional Conduct) Regulations (conflict/prohibition). * Equity – approbation and reprobation, attaining ends of justice.
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1 June 2018 |
| May 2018 |
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Applicant’s cheque-based claim dismissed; respondent awarded damages for fraud, breach of trust and illegal execution.
Civil procedure – alleged debt by cheques – credibility of parties; breach of trust – theft of cheque leaves; execution and sale – fraud and illegality; remedies – damages, restoration/value and criminal investigation.
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31 May 2018 |
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Plaintiff’s cheque claims dismissed; court found theft and fraudulent attachment, awarded damages to defendant and ordered police investigation.
* Civil procedure – misuse of court process – fraudulent attachment and sale – court empowered to restore property or award compensation where sale is riddled with fraud and illegality.
* Evidence – assessment of credibility – unsworn/uncorroborated plaintiff evidence versus consistent corroborated defence witnesses.
* Trust and fiduciary breach – theft or misuse of company cheque leafs by a person with access during another’s incapacity.
* Remedies – damages, costs and criminal investigation where civil acts are linked to alleged fraud.
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31 May 2018 |
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31 May 2018 |
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Interlocutory mandatory injunction to seize disputed gaming machines denied where ownership and licensing were contested and balance of convenience favoured respondent.
Civil procedure — Interlocutory mandatory injunction — High threshold of proof; balance of convenience; preservation of assets; adequacy of damages — Licensing under Lotteries and Gaming Act relevant to ownership/possession dispute.
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29 May 2018 |
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High Court lacks original jurisdiction to hear judicial review of electoral complaints under Articles 61, 64 and s.15 ECA.
* Constitutional and electoral law – jurisdiction of High Court – Article 61(1)(f) and Article 64(1)–(4) – complaints and appeals against Electoral Commission decisions.
* Administrative law – judicial review vs statutory appeal – propriety of remedy where statute prescribes appeal procedure (s.15 Electoral Commission Act).
* Civil procedure – preliminary objection – incompetence for failure to follow prescribed constitutional/statutory process.
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28 May 2018 |
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Plaintiffs awarded repayment, loss-of-income compensation and general damages for breach/fraud arising from an oral vehicle supply agreement.
Contract — oral agreement to purchase buses — breach where plaintiffs paid but were deprived of value due to defendants' actions; Remedies — repayment of sums paid, compensation for loss of income, general damages, interest and costs; Fraud — false representation/omission found sufficient to justify restitution and damages.
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28 May 2018 |
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28 May 2018 |
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An appeal cannot be premised on inherent jurisdiction; appellate rights must have statutory basis.
Civil procedure – Appeals – Appellate jurisdiction is statutory; no inherent appellate jurisdiction – Reliance on Section 98 Civil Procedure Act does not create a right of appeal – Appeal incompetent and dismissed with costs.
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25 May 2018 |
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A Magistrate Grade One lacked pecuniary jurisdiction because the land dispute exceeded its monetary limit.
Civil procedure – Revision under s.83 CPA – Jurisdictional limits of Magistrate Grade One (s.207 MCA) – Distinction between trespass and recovery of land – Requirement to state value of subject matter in plaint for pecuniary jurisdiction – Territorial jurisdiction of magistrates' courts.
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25 May 2018 |
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25 May 2018 |
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Alleged phone hacking raised a triable privacy issue but insufficient evidence and public interest defeated interim injunctions.
Interlocutory injunctions — requirements (serious issue to be tried; irreparable harm; balance of convenience); Privacy — alleged unauthorised access to mobile communications; Hearsay inadmissible — media reports not proof of ongoing conduct; Regulatory relief — licence renewal not shown to be nexus to private privacy complaint; Public interest and prejudice to third parties in balance of convenience.
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25 May 2018 |
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Whether only employees employed on 15 May 1995 are entitled to reserved shares’ proceeds and related interest.
* Contract interpretation – written share subscription and shareholders agreement – parol evidence rule (Evidence Act ss.91–92) and effect of extrinsic variation by unilateral management decision.
* Third-party beneficiary/privity – entitlement of intended beneficiaries to enforce contractual benefits.
* Entitlement to proceeds from sale of reserved employee shares – employees employed at date of agreement (15 May 1995) only.
* Dividends/payments – treatment of amounts paid into Provident Fund vs proceeds payable to beneficiaries.
* Remedies – award of principal sum with interest (8% p.a.), refusal of exemplary damages and additional currency-depreciation interest.
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22 May 2018 |
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Court denies injunction request due to lack of ongoing rights violation and favors respondents on balance of convenience.
Civil Procedure - Temporary injunction - Privacy and telecommunication - Risk of irreparable harm - License renewal of telecommunication company
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21 May 2018 |
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Appellate court upheld dismissal under O.17 r.4 for failure to prosecute; alleged illness unproven and appeal dismissed.
* Civil Procedure — Order 17 Rule 4 — dismissal for failure to produce evidence; judicial discretion to decide suit immediately when a party fails to adduce evidence. * Leave to appeal — O.44/Civil Procedure — where leave previously granted, separate leave not required in same court. * Sufficient cause — alleged illness or counsel negligence will not excuse non-prosecution where illness is unproved and litigant remains passive. * Appellate review — first appellate court may re-appreciate evidence and assess exercise of trial discretion.
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11 May 2018 |
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High Court refuses revision: magistrate acted within jurisdiction; ex parte judgment lawful; applicant failed to prove wrong party.
Civil Procedure – Revision under section 83 CPA – scope limited to jurisdiction, illegality or material irregularity; ex parte proceedings lawful where party or counsel absent without valid reason; lis pendens under section 6 CPA; severance of false portions of affidavits; late submissions expunged.
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10 May 2018 |
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3 May 2018 |
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3 May 2018 |
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2 May 2018 |
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Applicant’s special certificate of title procured by implied fraud; title cancelled, counterclaimant awarded damages and costs.
Land law – Registration of Titles Act (ss.70–72) – special certificate of title – issuance only where original/duplicate is lost or destroyed – alleged fraudulent procurement of special certificate; Evidence – burden and standard to prove fraud – fraud may be inferred from illegality and unexplained documentary inconsistencies; Succession – estate rights and letters of administration as defense to post-death transfers; Remedies – cancellation of tainted title, declaratory relief, damages, costs and interest.
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2 May 2018 |
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A student may inspect his exam scripts to verify results; court ordered disclosure under its inherent powers.
Examination law – Access to examination scripts – Candidate’s right to inspect handwritten scripts to verify results; Constitutional right to education (Art.30); Civil Procedure Act s.98 – inherent powers to order disclosure; Administrative fairness in examination processes.
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2 May 2018 |