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Citation
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Judgment date
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| December 2019 |
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Part-payment and admission fixed recoverable debt; uncorroborated accounts insufficient to prove larger claim.
Debt recovery; burden of proof on plaintiff; effect of admissions under Evidence Act s.22; inadmissibility/unreliability of uncorroborated financial statements; award of contractual/common-law interest and costs.
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20 December 2019 |
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Unlawful arrest, incommunicado torture by police and compensatory/punitive damages with shared State and perpetrators’ liability.
Constitutional rights — unlawful arrest and detention (Art.23); prohibition of torture and cruel, inhuman or degrading treatment (Arts.24,44); redress and compensation for constitutional rights violations (Art.50); state vicarious liability and personal liability of public officers; assessment of damages for torture, incommunicado detention and permanent incapacity.
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20 December 2019 |
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The applicant was unlawfully arrested, tortured in custody and awarded constitutional damages against the State and officers.
Constitutional law — unlawful arrest and detention — right to be informed of reasons and prompt presentation to court (Art.23); Prohibition of torture — absolute non‑derogable right (Arts.24,44) and Anti‑Torture Act; State vicarious liability for acts of police and personal liability of public officers under Human Rights (Enforcement) Act; Assessment and award of constitutional damages, interest and costs.
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20 December 2019 |
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Unlawful arrest and incommunicado torture entitled the plaintiff to declaratory relief, compensatory and punitive damages, and apportioned state and officers' liability.
Constitutional law – personal liberty and arrest procedures (Art.23); absolute prohibition of torture (Art.24/Art.44); remedy and compensation for human rights violations (Art.50(1)); vicarious and personal liability of State and public officers; assessment and apportionment of damages for unlawful detention and torture.
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20 December 2019 |
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Tenant’s failure to pay agreed rent and implied waiver allowed landlord’s re‑entry; tenant liable for arrears, damages, interest and costs.
* Contract/Tenancy – condition precedent – payment of rent as precondition to landlord vacating premises. * Waiver – tenant’s continued occupation and trading without paying rent constitutes implied waiver of right to complain. * Re-entry – landlord’s right to re-enter for rent arrears and to seek compensation. * Pleadings – late objection to a counterclaim is improper where the counterclaim has been met and responded to.
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20 December 2019 |
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Applicant failed to prove sufficient cause for non-appearance; reinstatement application dismissed with costs.
Civil procedure – summary suit – application to reinstate dismissed application – sufficiency of cause for non-appearance; procedural route to set aside dismissal (Order 9 Rule 23) vs Order 36 Rule 11; requirement for evidence of illness/accident (medical/accident reports).
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20 December 2019 |
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Defendant held liable for collision; plaintiffs awarded reduced special damages, general damages, costs and 20% interest.
Motor vehicle collision — causation — reliance on findings in related criminal proceedings; special damages — requirement to plead and strictly prove but oral evidence may suffice; assessment and reduction of claimed repair costs; award of paint and hire charges; general damages for inconvenience; exemplary damages refused where prior criminal costs awarded; interest and costs.
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20 December 2019 |
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20 December 2019 |
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Taxing master’s large instruction fee award set aside where no formal application for higher fee was made; fees reduced to prescribed scale.
Advocates’ costs – Taxation – Instruction fees – Applicability of 6th Schedule – Requirement of formal application/certificate for higher fee where matter is complex – Taxing master’s discretion limited by procedural requirements.
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20 December 2019 |
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Attorney General liable to pay quantum meruit compensation and damages for firefighting services solicited by police.
Limitation law – exception for mistake (Section 6(1)(c)) – quantum meruit – implied obligation to pay for emergency services solicited and accepted by police – authority of police officers to procure assistance – vicarious liability of the Attorney General for police acts – awards of compensation, general damages and interest.
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20 December 2019 |
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Emergency firefighting services solicited by police give rise to a quantum meruit claim against the state; limitation exception applied.
Limitation law – s.6(1)(c) (mistake exception) – limitation period begins on discovery of mistake; Res judicata – requirement of same parties and identical issue; Quantum meruit – emergency services solicited and accepted by police create obligation to pay; State liability – acts of police officers with ostensible authority may bind the State; Remedies – award of compensation, general damages, interest and costs.
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20 December 2019 |
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State liable on quantum meruit for firefighting services solicited and accepted by police; claim not time-barred.
* Limitation – discovery exception (Section 6(1)(c)) – time runs from discovery of mistake, not original incident; * Res judicata – requirements for application include same matter and same parties; * Quantum meruit – implied promise to pay where services solicited and accepted in emergency; * State liability – vicarious/state bound where police officer with ostensible authority solicits and accepts services; * Remedies – award of compensation, general damages, interest and costs.
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20 December 2019 |
Civil procedure—malicious prosecution—tort arising from civil proceedings—plaint struck out—no reasonable or probable cause—lack of malice—public policy—application allowed.
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20 December 2019 |
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Court granted mandamus compelling the land board to decide a conversion application within 60 days due to undue delay.
* Administrative law – Judicial review – Focus on legality of decision-making process rather than merits.
* Mandamus – compelling performance of public duties – remedy for unreasonable delay.
* Delay – failure to decide within reasonable time amounts to abuse of authority.
* Land law – conversion of customary tenure to freehold – role of District Land Board and Registrar of Titles.
* Third‑party clearance – Civil Aviation Authority objections where land abuts airport buffer zone.
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20 December 2019 |
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Malicious newspaper publications defamed a public figure; court awarded damages, apology, injunction and costs.
Defamation – defamatory meaning and test of right-thinking members of society – malice and context of publication – remedies: general and exemplary damages, interest, apology, permanent injunction and costs.
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20 December 2019 |
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Failure to prove that whistleblower information directly caused tax recovery defeats entitlement to the statutory 10% reward.
* Tax law – Whistleblower reward – Section 8, Finance Act 2014 – requirement to prove information led to tax recovery; evidentiary standard on causation and proof.
* Evidence – Acknowledgement of receipt (TIF) is not conclusive proof of reliance; burden of proof lies on informer to show direct causal link to recovery.
* Customs/agency liability – Section 147 EAC Customs Management Act imposes agent liability for duties but does not, without pleading and proof, establish fraud or active participation in evasion.
* Civil procedure – Fraud allegations must be specifically pleaded with particulars and strictly proven.
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20 December 2019 |
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Court upheld presidential power to appoint/second UPDF officers into police posts and found LDU recruitment lawful; application dismissed.
Constitutional and administrative law – presidential power of appointment (Art.172) – delegation and Police Act s.13; secondment of UPDF officers to Police – lawfulness of assigning police rank; UPDF Act – reserve/auxiliary forces and lawfulness of Local Defence Unit (LDU); procedural discretion to admit late affidavit (Civil Procedure Act s.96); discretionary nature of prerogative remedies.
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20 December 2019 |
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Court upheld Presidential power to appoint/second UPDF officers to police and found LDU recruitment lawful.
Judicial review — Legality of Presidential appointments and secondments of serving military officers to police; Article 172 Constitution; Police Act delegation; UPDF Act — Secondment and reserve forces; Legality of Local Defence Units (LDU); Admissibility of late affidavit/enlargement of time.
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20 December 2019 |
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Cancellation of a registered land title was unlawful for being ultra vires and for denying the applicant a fair hearing.
Land law; judicial review – illegality, ultra vires and functus officio; procedural impropriety – denial of audi alteram partem; cancellation of registered title; remedies: certiorari, prohibition and injunction.
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20 December 2019 |
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Arrest lawful absent proof of malice; logbook misplaced; plaintiff failed to prove purchase; claim dismissed and defendants awarded damages.
Criminal procedure – lawful arrest and detention – reasonable and probable cause – Police Act s.23; Malicious arrest – requirement to prove malice. Property/vehicle transfer – log book/transfer forms misplaced – URA duplicate and validation process. Civil evidence – onus of proof in purchase disputes – agency/proxy and contribution. Remedies – dismissal of claimant’s claim; award of damages and costs to defendants.
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20 December 2019 |
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Lessee (operator) held vicariously liable for negligent driver; lessor bank absolved under finance lease.
Tort — negligence — vicarious liability of employer for employee’s driving; finance lease — registered owner vs lessee liability; proof and assessment of general and special damages; effect of driver’s non‑appearance on adverse inference.
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20 December 2019 |
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Application for judicial review dismissed: regulator afforded fair process and private telecom not amenable to judicial review.
* Administrative law – judicial review – remedy focused on decision-making process and observance of natural justice.
* Fair hearing – public notice and public hearing satisfy audi alteram partem where complainant fails to attend.
* Sub judice – pending commercial proceedings can preclude administrative investigation.
* Bias – public pronouncements alone do not invalidate administrative action absent an improper decision thereafter.
* Public vs private – judicial review applies to public bodies; private corporations are not liable to public-law review for private-law disputes.
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20 December 2019 |
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Prisoners’ rights against torture breached; State vicariously liable and awarded damages split between State and officers.
Constitutional law – freedom from torture (Art.24, Art.44(a)) – Prevention and Prohibition of Torture Act; Evidence – plaintiff’s burden and corroboration by medical report; Vicarious liability – State/Attorney General liable for prison officers’ torts; Remedies – assessment and apportionment of compensatory and exemplary damages; Prisoners’ rights – enforceability and protection by courts.
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20 December 2019 |
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Appeal allowed: unpaid purchase balance and surveyor’s report established respondent’s trespass, eviction, payment with interest, damages and costs.
Land law – sale of land – alleged payment of balance and transfer – effect of unpaid balance on ownership; Civil procedure – appellate re-appraisal of evidence and use of independent surveyor; Evidence – handwriting expert opinion not given fair opportunity for cross-examination; Boundary disputes – locus visit and professional surveyor’s report; Remedies – eviction, payment of unpaid purchase balance with interest, general damages and costs.
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19 December 2019 |
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An LC-mediated oral agreement was binding; the applicant was estopped from reclaiming the sold land; appeal dismissed.
Property law – Sale of land – Subsequent oral/LC-mediated agreement superseding prior arrangements; Specific performance – impossibility where purchaser has occupied and used land (Contracts Act s64(2)(a)); Estoppel – seller barred from reclaiming sold land (Evidence Act s114); Appeal – re-appraisal of evidence on first appeal.
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19 December 2019 |
Constitutional law – fundamental rights and freedoms – freedom of movement (no-fly list) – right to dignity (degrading treatment) – non-derogable rights – judicial review – police powers (passport confiscation) – acts of infringement – injunction – damages
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16 December 2019 |
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Contempt application dismissed because the suspension was revoked before the contempt claim, leaving no live dispute.
Contempt of court — injunction — elements: existence of order, knowledge, non‑compliance; overtaken by events/mootness — revocation of suspension prior to contempt filing — no live dispute; costs.
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13 December 2019 |