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Citation
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Judgment date
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| December 2020 |
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The respondent-bank may recover outstanding debt, damages and interest after foreclosure sale despite deductions from sale proceeds.
Banking law – recovery of outstanding loan after foreclosure sale; application of sale proceeds and deduction of foreclosure expenses; unchallenged witness evidence in default proceedings; award of decretal sum, general damages and post-judgment interest; costs follow the event.
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18 December 2020 |
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Deemed dismissal for desertion bars terminal benefits; eviction ordered though rent counterclaim dismissed.
Employment law – study leave cancelled; absence without leave/desertion – deemed dismissal under employer's staff rules – dismissal forfeits entitlement to pension/gratuity; limitation issues; landlord/tenant counterclaim for rent and eviction.
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18 December 2020 |
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Court extended time and set aside a premature statutory demand where consent order lacked endorsement and execution not attempted.
Insolvency law – statutory demand – Section 5 Insolvency Act and Reg.6 – extension of time under s.5(3) and s.96 CPA – requirement of execution/return of execution before insolvency proceedings – premature statutory demand – insolvency remedies not to be used for debt collection – sufficient cause (illness supported by medical evidence).
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15 December 2020 |
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Applicant's request for default judgment refused; court validated respondent's late-served defence and ordered inter partes hearing.
Civil Procedure – Filing of defence – WSD filing completed by court record placement, Registrar's seal and service on opposite party within 15 days – late service renders filing technically incomplete but court may validate in interests of justice. Civil Procedure – Mediation – Court-accredited mediator as "official referee" under Order 11A Rule 1(4)(e) – effect on abatement. Civil Procedure – Default judgment – distinction between default judgment for liquidated claims and proceeding as if defence filed for other claims; appropriate remedy is inter partes hearing, not automatic default judgment.
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11 December 2020 |
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Plaintiff entitled to modest quantum meruit award; title to be handed over upon full payment; other defendants dismissed.
* Quantum meruit – entitlement to reasonable remuneration where services rendered without fixed price – requirement to prove amount; * Proof of disbursements – documentary evidence for expenses; * Corporate personality – society (registered trustees) distinct from individual members; * Delivery of title conditioned on full payment; * Costs – unsuccessful joinder of improper parties results in no costs award to plaintiff.
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10 December 2020 |
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Court held registered leases valid; Registration of Titles Act prevails over conflicting trust statute; suit dismissed with costs.
* Trust property – Nakivubo War Memorial Stadium Trust Act s.8(e) – prohibition against dealing with scheduled property; * Statutory interpretation – literal versus purposive/contextual approaches; * Registered land – Registration of Titles Act (Cap. 230) prevails over inconsistent statutes; s.59 certificate of title conclusive; s.101 recognizes leases; * Validity of registered leases – absence of fraud or challenge; * Public–private partnership and redevelopment of trust property.
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4 December 2020 |
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Failure to meet statutory nomination requirements meant the Electoral Commission lawfully upheld refusal to nominate the petitioner.
* Electoral law – candidate nominations – compliance with documentary requirements and statutory resignation timelines for nomination.
* Administrative law – limits on Electoral Commission powers – inability to permit nominations after gazetted dates absent court order.
* Procedural law – competency of petitions by persons aggrieved by Electoral Commission decisions; non-joinder of parties affects relief but not competency.
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1 December 2020 |
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Challenge to nomination dismissed as inappropriate after a candidate was declared and gazetted; remedy is an election petition.
Electoral law — Appeal from Electoral Commission — Locus to appeal under Art.64 and s.15(2) — Declared and gazetted winner ceases to be a candidate — Remedy after gazetting is an election petition under ss.60–61 — Natural justice requires joining the declared winner — Court cannot create law to nullify gazetted result in an appeal.
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1 December 2020 |
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Applicant's nomination challenge dismissed as inappropriate after a winner was gazetted; election petition required to challenge declaration.
* Electoral law – jurisdiction of the Electoral Commission under the Constitution to hear election complaints. * Competency and timeliness of appeals from Commission decisions to the High Court. * Proper remedy once a candidate has been declared and gazetted – election petition under Parliamentary Elections Act (secs.60–68). * Natural justice – cannot nullify rights of a gazetted winner who is not a party. * Limits on judicially creating remedies outside statutory electoral scheme.
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1 December 2020 |
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Petition dismissed as inappropriate after a winner was gazetted; challenge must be by election petition, not this appeal.
Electoral law — jurisdiction of Electoral Commission versus Returning Officer at nomination — competence of appeals to High Court — effect of declaration and gazetting of winner — appropriate remedy is an election petition under Parliamentary Elections Act — protecting audi alteram partem where a declared winner is not a party.
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1 December 2020 |
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A candidate cannot validly stand for multiple elective positions simultaneously; Commission lawfully denied dual nomination and petition dismissed.
Electoral law – nomination and dual candidacy – Electoral Commission jurisdiction over nomination complaints – limitation on remedies once a candidate has been declared and gazetted – proper forum for challenging a declared winner is an election petition under Parliamentary Elections Act.
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1 December 2020 |
| November 2020 |
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A taxation reference filed three years late, without leave or satisfactory explanation, was dismissed for inordinate delay.
* Advocates Act s.62(1) – appeal from taxing officer – 30-day time limit for filing reference.
* Delay and condonation – unexplained inordinate delay requires satisfactory explanation or leave to file out of time.
* Judicature Act s.17(2)(a) and s.33 – court’s powers to prevent abuse of process and dismiss delayed proceedings.
* Procedural preliminary objections – timeliness may dispose of other objections and merits.
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16 November 2020 |
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A purchaser who registers property despite vendor’s defective title cannot obtain a protectable interest to defeat attachment.
Attachment before judgment – Order 40 Rule 8 and Order 22 Rules 55–58 CPR – claimant must show legal interest and legal possession at date of attachment; nemo dat – defective vendor title defeats purchaser’s claim; alleged fraudulent transfer/bad faith relevant.
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9 November 2020 |
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Ex parte attachment set aside for lack of valid service and insufficient evidence of intent to dispose of the disputed vehicle.
* Civil Procedure – Attachment before judgment (Order 40 CPR) – requirement of satisfactory evidence that defendant intends to dispose or remove property to defeat execution – necessity of full and frank disclosure.
* Civil Procedure – Service of process – personal service under O.5 r.10 – proof of service must identify person served.
* Commercial law – Bill of lading and registration as indicia of ownership; allegations of fraud are subject to proof.
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6 November 2020 |
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Court granted interim injunction preserving disputed leasehold land pending judicial review.
Judicial review – exercise of public power – non-renewal and reallocation of leasehold land; Interim/temporary injunction – preservation of status quo; prima facie case, irreparable harm and balance of convenience; Section 64(c) Civil Procedure Act; land possession vs registered allocation.
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3 November 2020 |
| October 2020 |
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28 October 2020 |
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Challenge to party name change and leadership dismissed as time‑barred and procedurally improper.
Political parties — challenge to party name change and internal elections — remedies for administrative action — judicial review procedure — Judicature (Judicial Review) Rules 2009 Rule 5(1) (three-month time limit) — laches and abuse of process — inherent powers and joinder of parties.
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21 October 2020 |
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Applicant failed to use internal party remedies and application was overtaken by events; injunction and judicial review dismissed.
Judicial review – exhaustion of internal remedies – party National Election Tribunal – requirement to lodge complaint before approaching court; Temporary injunction – purpose to preserve status quo – injunction inappropriate where endorsement/sponsorship already occurred; Party constitutions – internal dispute resolution mandatory where available.
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15 October 2020 |
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A valid notice of appeal and evidence of imminent execution justify a stay pending appeal if no unreasonable delay.
Civil procedure – Stay of execution pending appeal – requirements: notice of appeal and request for certified record; imminent threat of execution; substantial loss; no unreasonable delay. Affidavit formalities – affidavit not commissioned by Commissioner for Oaths, lacking signature/seal/date is incompetent and struck off record.
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8 October 2020 |
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Parliamentary committee conduct is reviewable, but a premature challenge to an ongoing inquiry was dismissed for lack of evidence.
* Administrative law — Judicial review — parliamentary committees amenable to review; * Justiciability — premature challenges to ongoing parliamentary inquiries discouraged; * Grounds of review — burden to prove illegality, irrationality or procedural impropriety; * Separation of powers — courts should exercise restraint and not pre-empt parliamentary oversight functions; * Sub-judice rule — inapplicable where court action commenced after parliamentary inquiry began.
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7 October 2020 |
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Applicant granted mandamus compelling accounting officer to pay an outstanding court-ordered decretal sum within the financial year.
Judicial review – Mandamus – enforcement of unappealed court judgment – duty of accounting officer under section 50 Land Act to effect payment or budget for court-ordered debts – requirements for Mandamus (clear legal right, demand and refusal, lack of alternative) – unopposed application.
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2 October 2020 |
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Temporary injunction refused where facts disputed and an indispensable third party was not joined.
* Administrative law – interim relief – temporary injunction in judicial review – preservation of status quo, prima facie case, irreparable injury, balance of convenience.
* Civil procedure – non-joinder/indispensable third party – court will not make orders prejudicing non-parties without hearing them.
* Environmental law – ESIA approval – public consultations, lead agency input and COVID-19 restrictions on public hearings.
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2 October 2020 |
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Court granted temporary injunction restraining respondent from auctioning applicant’s vehicle pending trial, finding prima facie case and irreparable harm.
Interlocutory injunction – preservation of status quo – prima facie case and probability of success – irreparable injury not compensable by damages – balance of convenience – statutory forfeiture under EACCMA does not automatically oust court jurisdiction to review alleged unlawful or negligent conduct by public body.
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1 October 2020 |
| September 2020 |
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Court refused interlocutory injunction in defamation suit, finding possible defences and enforceability concerns precluded prior restraint.
* Defamation – interlocutory injunctions – extraordinary remedy granted only in the clearest of cases where statements are unarguably libelous and no defence could possibly apply. * Defamation – defences – justification/truth and documentary evidence may preclude pre-trial restraints. * Civil procedure – discretion to grant injunction – requirement to show irreparable harm and intention to repeat publication. * Jurisdiction/enforceability – limitations on enforcing foreign libel orders in the United States (SPEECH Act) relevant to practical relief.
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28 September 2020 |
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Occupier liable for visitor’s injury caused by uncovered manhole; proved medical expenses and modest general damages awarded.
Occupiers’ liability – duty of care to lawful visitors – liability for injuries from uncovered manhole, inadequate lighting and absence of warnings; proof of special damages must be specific and strictly proved.
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28 September 2020 |
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A Minister’s statutory instrument was quashed for failing to consult stakeholders and exceeding delegated powers under the Electricity Act.
* Administrative law – delegated legislation – judicial review of statutory instruments for illegality, irrationality and procedural impropriety. * Public participation – statutory and legitimate expectation to consult under s.62 Electricity Act and Article 8A/Principle X. * Ultra vires – inconsistency with parent Act and approved Rural Electrification Strategy and Plan. * Procedure – failure to follow Cabinet/ Public Service Standing Orders when making statutory instrument. * Governance – board composition, accountability and Public Finance Management implications.
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25 September 2020 |
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23 September 2020 |
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Employees failed to prove entitlement to additional termination benefits; suit dismissed with no order as to costs.
Employment law – employer-employee relationship; termination benefits and severance; entitlement to accrued leave; conditional salary increments under collective agreement; workwear and payment in lieu; workers' compensation procedure and proof; NSSF contribution enforcement.
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18 September 2020 |
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Applicants failed to prove entitlement to additional retirement-related benefits; suit dismissed for lack of proof.
Employment law – employer–employee relationship – statutory severance and terminal benefits under Employment Act 2006; leave and leave pay – proof of application and employer denial; repatriation provisions; workers’ compensation – necessity of medical proof and statutory procedure; NSSF remittance disputes – for NSSF to pursue.
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18 September 2020 |
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Whether a written MOU was varied by conduct and whether the plaintiff proved unpaid entitlements; suit dismissed.
* Contract variation – written MOU varied by subsequent conduct, emails and payment vouchers – validity under section 67 Contracts Act.
* Parol evidence rule – limits on extrinsic evidence to add, vary or contradict a written instrument and its exceptions.
* Standard of proof on civil balance of probabilities when evaluating contract variation and allegations of breach.
* Proof of statutory remittances (PAYE/NSSF) and evidential weight of account-holder’s conduct and documents.
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18 September 2020 |
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Cancellation of the applicant’s advertising licence without a hearing breached contract and legitimate expectation; respondent liable, damages awarded.
Contract/licence – permission to advertise on public service vehicles; Administrative law – revocation of licence, legitimate expectation and fair hearing; Vicarious liability of the State for acts of licensing authority and police; Remedies – special and general damages, interest, costs; Injunction refused where no subsisting licence.
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18 September 2020 |
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Court dismissed employment and malicious prosecution claims, finding procedural fairness, reasonable suspicion, and no malice; costs to defendants.
Employment law – jurisdiction between Labour Officer and High Court; unfair dismissal – procedural fairness and reasonable suspicion based on police investigation; limitation – Labour Officer time limits not automatically binding on High Court proceedings; tort – malicious prosecution requires absence of reasonable cause and presence of malice; withdrawal of prosecution may constitute termination in favour of accused.
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18 September 2020 |
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Employees entitled to unpaid overtime and unpaid weekly rest day; other leave claims not proved; lost documents and res judicata not fatal.
Employment law – unpaid overtime and shift work – entitlement where hours exceed statutory limits; Employment law – weekly rest day – pay entitlement where rest day withheld despite salary-like payment; Discovery procedure – failure to formally tender documents and retain duplicates does not automatically vitiate trial; Res judicata – prior labour officer award limited to specific issues does not bar fresh suit on other employment claims; Evidence – burden to prove payment or entitlement lies on party asserting it; Leave claims – requirement for documentary proof (leave applications, medical certificates) to succeed.
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18 September 2020 |
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Disconnection unlawful without proof of meter tampering; respondent failed to justify claimed bill; applicant awarded general damages.
Electricity supply — unlawful disconnection — absence of evidence of meter tampering where meter and keys were under supplier control; Billing — estimation of unregistered consumption — supplier must explain computation; Damages — special damages require precise proof; general damages for loss of use; interest and costs awarded.
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18 September 2020 |
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Review application against order freezing and reallocating account funds dismissed for lack of aggrieved status and insufficient grounds.
• Civil procedure – Review under s.82 Civil Procedure Act and O.46 r.1 CPR – requirements: person aggrieved, new evidence, error apparent on face of record or other sufficient reason.
• Definition of "person aggrieved" – legal grievance required; wrongful deprivation or affectation of title.
• Evidence and interlocutory findings – memorandum of understanding and prior rulings establishing affiliation to Ponzi scheme justify freezing of accounts and compensation orders.
• Company law – lifting corporate veil where shareholder affiliation to fraudulent scheme is shown.
• Anti‑Money Laundering Act – accountable persons’ due diligence and tracing suspicious transactions.
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18 September 2020 |
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Applicant’s judicial review dismissed: NEC lawfully halted and re‑ran grassroots party elections; internal remedies not exhausted.
Administrative law – judicial review of internal party decisions; exhaustion of internal remedies under Rule 7A; party NEC powers to supervise and take over grassroots elections; procedural fairness and COVID‑19 related filing delays.
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18 September 2020 |
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An applicant seeking to restrain police investigations must show a prima facie case; courts avoid injunctions against public authorities.
* Civil procedure – Temporary injunctions – Applicant must show prima facie case, balance of convenience and probability of success; courts cautious about injunctions against public authorities. * Constitutional law – Police investigatory functions under Article 212 – public interest in prevention and detection of crime. * Evidence – Affidavit must disclose material facts and evidence to justify interim relief.
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14 September 2020 |
| August 2020 |
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31 August 2020 |
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31 August 2020 |
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Court granted limited interim travel permission for studies despite ongoing interdiction, finding irreparable harm and favorable balance of convenience.
Administrative law – Interim relief; interdiction and travel ban – Criteria for interim injunction: prima facie case, irreparable harm, balance of convenience – Limited permission to travel for studies while preserving interdiction and ongoing investigations.
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28 August 2020 |
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Interim injunction to halt electoral nominations denied for lack of prima facie case and due to public interest in ongoing elections.
Interim injunction — electoral process — prima facie case, balance of convenience, irreparable harm; public interest in ongoing elections; Electoral Commission’s constitutional mandate; delimitation of constituencies raises constitutional issues for the Constitutional Court.
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28 August 2020 |
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19 August 2020 |
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Revocation of a private tax ruling without hearing affected persons breaches natural justice and may be quashed by judicial review.
Judicial review – administrative action – revocation of private tax ruling – duty to act fairly and afford hearing – locus standi of affected persons – prematurity and exhaustion of remedies – discretionary relief of certiorari.
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17 August 2020 |
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Court granted leave under Companies Act s142 to hold a listed company’s AGM electronically due to COVID-19, subject to regulatory conditions.
Companies Act s142 – Court power to order meetings conducted in manner it thinks fit where impracticable; COVID-19 public health restrictions as justification for virtual AGMs; requirement to obtain securities exchange no-objection and comply with listing rules and statutory notices; obiter urging amendment of articles and law to permit virtual/hybrid meetings.
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17 August 2020 |
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Statutory adjudicative power exists but IRA’s CEO-led decision was quashed for procedural unfairness and lack of independent adjudicative structure.
Insurance law – statutory adjudication of insurance complaints; interpretation of "arbitrate" in Insurance Act; natural justice – nemo judex in causa sua; procedural fairness and right to a hearing under Article 28; mandamus to establish independent adjudicative body; certiorari to quash procedurally flawed decision.
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14 August 2020 |
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Specific performance ordered to recover project vehicle and audit records; court permits piercing corporate veil where abuse is shown.
Contract – sub-award agreements – breach for failure to return project assets and render accountability; Specific performance granted under s.33 Judicature Act; Service by registered post and email effective under s.274 Companies Act and practice directions; Corporate veil may be pierced where company used to frustrate legal obligations or cloak fraud; Costs awarded.
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10 August 2020 |
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Ministerial renewal of employment was ultra vires; the Board lawfully advertised the post and the applicant’s judicial review claims fail.
Administrative law – Judicial review – Ultra vires acts – Statutory allocation of appointment powers under Animal Breeding Act 2001 s.24 – Minister’s lack of authority to renew staff contracts in absence of Board – Advertisement lawful – Affidavit in rejoinder struck out for lack of leave.
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7 August 2020 |
| July 2020 |
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A regulator exceeded authority, denying the applicant employment; the respondent bank was not liable for discrimination.
* Equal Opportunities Commission – jurisdiction to determine discrimination complaints and grant monetary remedies under section 14(4).
* Administrative law – coram and quorum: three-member panel valid; majority decisions permissible.
* Banking regulation – scope of Bank of Uganda’s authority under the Financial Institutions Act; regulator exceeded mandate by requiring approval for Internal Audit Manager.
* Evidence – admissibility of res gestae/hearsay in context and re-evaluation on appeal.
* Remedies – limits of the Commission’s awards; distinction between discrimination remedies and contractual/labour claims (special damages, NSSF).
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22 July 2020 |
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Court authorised the applicant to hold its AGM electronically under s.142 due to COVID‑19, subject to USE approval.
Companies Act s.142 – Court-ordered meetings – electronic Annual General Meeting; Judicature Act s.33 – remedial powers; COVID‑19 public health restrictions – impracticability of physical meetings; Uganda Securities Exchange approval and compliance with listing rules.
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17 July 2020 |
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Applicant’s lack of notification of an administrative allocation decision amounted to good reason to extend time for judicial review.
* Administrative law – Judicial review – Extension of time under rule 5(1) – Whether lack of notification of administrative decision constitutes good reason to extend time.
* Procedural law – Time limits – Whether time runs from decision date or its communication to affected person.
* Rule of law vs legal certainty – Balancing notification rights against finality of administrative decisions.
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17 July 2020 |