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Citation
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Judgment date
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| July 2019 |
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A plaint alleging witchcraft‑based defamation was dismissed for failing to disclose a cause of action as statements were made in good faith.
Defamation — elements (publication, identification, defamatory meaning); libel (written/permanent form); defences — justification and fair comment; plaint must disclose cause of action; dismissal where statements made in good faith at community meeting.
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17 July 2019 |
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Court granted inter-country adoption, waiving one-year residence/foster requirement as being in the child’s best interests.
* Adoption — Inter-country adoption — waiver of one-year continuous residence and fostering requirement in exceptional circumstances; constructive fostering accepted.
* Children Act (Cap 59) — best interest of the child paramount; parental consent and suitability assessments required.
* Evidence — criminal clearances, home study, probation and social welfare recommendations and bonding with child as proof of fitness.
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13 July 2019 |
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Court granted extension and leave to appeal where prima facie grounds and injustice were shown.
Civil procedure - Leave to appeal and extension of time - Prima facie grounds/real prospect of success test - Equity and attainment of justice - Relief granted where applicant denied amount admitted by respondent.
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12 July 2019 |
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Court granted extension and leave to appeal where prima facie grounds and justice required hearing of the appeal.
Civil procedure – leave to appeal – extension of time – whether prima facie grounds and real prospect of success exist – equitable consideration to protect right of appeal – Swain v Hillman / Sango Bay principles applied.
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12 July 2019 |
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Mayor's statutory power to revoke executive appointments was exercised within the Local Governments Act and not subject to judicial overturn.
Local Government law – appointment and revocation of executive committee members – sections 18 and 20 Local Governments Act; Judicial review – focus on decision-making process (illegality, irrationality, procedural impropriety); No statutory requirement for pre-revocation hearing or reasons; Political exercise of statutory discretion not automatically justiciable.
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12 July 2019 |
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Revocation of municipal executive appointments under the Local Governments Act, absent statutory duty to hear, is not reviewable on merits.
Local government law – appointment and revocation of executive committee members – Local Governments Act ss.18, 20; Interpretation Act – power to remove – Judicial review – focus on decision-making process; illegality, irrationality, procedural impropriety – no statutory duty to afford hearing before revocation – political decisions within statutory discretion not reviewable on merits.
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12 July 2019 |
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Mayor’s statutory revocation of municipal executive appointments lawful; no pre-revocation hearing required; application dismissed.
Local Government law – appointment and revocation of municipal executive members – sections 18 and 20 Local Governments Act; Judicial review – focus on decision-making process (illegality, irrationality, procedural impropriety); No statutory right to a pre-revocation hearing in executive appointment removals; Political/discretionary public appointments not generally subject to judicial interference where exercised within statutory authority.
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12 July 2019 |
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Court ordered an extra general meeting under Companies Act s142 where a co‑shareholder’s death prevented quorum.
Companies Act s.142 – court-ordered meeting where impracticable to convene by ordinary means; Judicature Act s.33 – remedial powers to grant equitable relief; company re‑organisation where death of co‑shareholder prevents quorum; costs awarded to be met by company.
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12 July 2019 |
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Court authorised an Extra General Meeting under s.142 to resolve a quorum deadlock caused by a shareholder's death; company to pay costs.
* Companies Act, s.142 – court-ordered meetings where it is impracticable to call company meetings due to quorum failure
* High Court remedial power – Judicature Act, s.33 – authority to grant relief to resolve governance deadlocks
* Corporate governance – re-organisation following death of director/shareholder
* Costs – application costs to be borne by the company
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12 July 2019 |
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Interim stay granted to preserve status quo and prevent land registration under a consent judgment pending review.
Interim relief — stay of implementation/registration of consent judgment pending review — preservation of status quo in land succession disputes — bona fide purchaser claim vs prior decree.
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12 July 2019 |
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Court dismissed applicant’s challenge, finding Kkobe clan leadership dispute non‑justiciable and for traditional resolution.
Cultural/customary law — Justiciability of clan leadership and succession disputes; Article 37 and 246 Constitution — protection of cultural institutions; Judicature Act s.15 — application of customary law; Institution of Traditional or Cultural Leaders Act 2011 s.16 — resolution of intra‑community disputes; Courts should defer to traditional dispute‑resolution mechanisms where applicable.
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12 July 2019 |
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Plaintiff proved malicious prosecution and was awarded UGX50,000,000 general damages, interest and costs; special damages denied.
Malicious prosecution – elements: institution of prosecution; lack of reasonable and probable cause; malice; termination in favour of plaintiff; Objective test for reasonable and probable cause; Inference of malice from failure to investigate; Special damages – must be strictly pleaded and proved; General damages – discretionary award; Interest and costs follow judgment.
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12 July 2019 |
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Application to restrain newly instructed advocates dismissed; plaintiffs may revoke prior powers and choose counsel.
* Advocates' conduct – requirement of client instructions – valid revocation of prior instructions and change of advocate.
* Civil procedure – verification of parties – irregular joinder and possible 'ghost' plaintiffs; police/defendant verification recommended.
* Champerty – alleged champertous agreements unlawful and cannot be enforced to restrain change of counsel.
* Abuse of court process – injunction application dismissed as misuse of judicial process.
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12 July 2019 |
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Review application dismissed; court held contract's two‑year call‑off provision was discretionary and no prima facie case shown.
Civil procedure — Review under Section 82 and Order 46 CPR — Grounds for review (new evidence, apparent error, other sufficient cause). Procurement law — Framework contract terms — Call-off orders and whether a stated two-year period creates a mandatory term or is discretionary. Interim relief — Prima facie case, irreparable harm, and balance of convenience considerations.
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11 July 2019 |
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Court extended administration 90 days to permit restructuring talks, directing the administrator to file a progress report.
* Insolvency Act s167 – Court’s power to vary, confirm or cancel variations to an administration deed; court supervision of administration deeds
* Insolvency Regulations r155(2) – progress report by administrator: advisory value but non‑attachment not automatically fatal
* Administration extension – discretion to extend administration to facilitate restructuring negotiations benefiting creditors
* Secured creditor opposition – self‑interest does not automatically defeat collective creditors’ interests
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9 July 2019 |
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Leave to appeal refused; court ordered DNA testing of deceased alleged father to finally determine paternity.
Family law – paternity determination – interlocutory order for DNA testing of deceased alleged father; sibling DNA comparison insufficient; leave to appeal refused; section 33 Judicature Act supports finality and avoidance of multiplicity of proceedings.
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9 July 2019 |
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Applicants awarded general and exemplary damages after fraudulent transfer of their registered land; public officer and private actor held liable.
* Administrative law – Judicial review – challenge to land registration decisions – certiorari, mandamus and prohibition available where titles transferred without hearing. * Land registration – fraudulent court decree and forged instruments – investigation and verification by Land Division. * Liability – public officers and private actors can be made liable for wrongful administrative acts despite official status. * Damages – award of general and exemplary damages in judicial review for oppressive misuse of public process; interest and costs.
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5 July 2019 |
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Applicant not entitled to damages where consent settlement resolved claims and respondent acted within statutory powers.
* Administrative law – Judicial review – Damages – Judicial review courts do not routinely award damages; damages available for misfeasance in public office or breach of statutory duty giving rise to damages.
* Civil procedure – Consent order – Effect on residual claims and claimant’s burden to prove any remaining claims.
* Revenue/Customs – Registration and release of imported goods – Role of consignee, payment of taxes and lawful release.
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5 July 2019 |
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An appeal initiated improperly and filed out of time cannot be reinstated absent sufficient cause shown by the applicant.
Civil procedure – reinstatement of appeal – competency of appeal – appeal from magistrates' court must be by memorandum of appeal (Order 43) – notice of appeal not competent – time limits for filing memorandum (30 days) – extension of time requires sufficient cause – mistake or wrong strategy by counsel not sufficient.
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5 July 2019 |
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4 July 2019 |
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Applicant succeeded on contempt for disobedience of interim status‑quo order; judicial review of procurement was dismissed.
Procurement law – Alleged deviation from bid evaluation methodology; Judicial review – illegality, procedural impropriety, and exhaustion of statutory remedies; Administrative law – role of PPDA in investigating procurement irregularities; Civil contempt – existence of lawful order, knowledge and disobedience; Remedies – damages for contempt.
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3 July 2019 |