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Citation
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Judgment date
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| March 2020 |
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Claims arising from customs officers' acts must first be reviewed under EACCMA s.229 before High Court proceedings.
Customs law – EACCMA s.17 (civil action for loss from willful/negligent acts) – EACCMA s.229 (mandatory review for decisions/omissions relating to customs) – jurisdiction of Commissioner/Tax Appeals Tribunal – prerequisite review for customs-related tort claims.
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26 March 2020 |
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Headlines and articles were defamatory; despite defendants’ public‑interest defence, plaintiff awarded UGX 15,000,000 general damages.
Defamation – newspaper headlines and articles – whether publications are defamatory; qualified privilege/public interest defence; proof of special damages; remedies (general damages, interest, injunction, costs).
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26 March 2020 |
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Whether the applicant was tortured by the respondent’s agents and whether seized goods were lawfully forfeited.
• Constitutional law – Freedom from torture and cruel, inhuman or degrading treatment – non‑derogable right – medical evidence corroborating grievous harm.
• Constitutional law – Right to privacy – lawful searches and seizures under the East African Community Customs Management Act (sections 153, 155, 157).
• Property law / customs – Seizure and forfeiture of uncustomed goods – statutory notice and one‑month contest period under EACCMA.
• Remedies – compensatory and punitive damages, interest and costs.
• Procedure – respondent failed to call witnesses; matter proceeded under Order 17 Rule 4 of the Civil Procedure Rules.
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26 March 2020 |
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Winding-up petition dismissed for lack of proof of statutory demand service and because the debt was genuinely disputed on appeal.
Insolvency law – statutory demand – proof of service required; winding-up as collective remedy not a substitute for debt collection; petitions struck out where debt is genuinely disputed or subject to appeal.
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26 March 2020 |
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Transfer of a judicial officer for administrative reasons did not require prior hearing; refusal to report constituted insubordination.
Administrative law – Judicial review – Scope limited to decision-making process; Administrative postings of judicial officers – normal service instructions not requiring prior hearing; Natural justice – when hearing is required; Insubordination – refusal to accept a lawful transfer may justify interdiction and disciplinary action.
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26 March 2020 |
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Repossession certificates under the Expropriated Properties Act cannot be reopened by the Board; unlawful investigations restrained.
Administrative law – judicial review – ultra vires actions; Expropriated Properties Act – effect of repossession certificate; Minister functus officio; remedy: prohibition and injunction; statutory appeal under section 15.
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26 March 2020 |
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Appellant failed to prove novation or a subsisting tenancy; eviction held lawful and appeal dismissed with costs.
Contract law – existence of tenancy; Novation – requirements and need for consent of all parties; Burden of proof on party asserting novation; Rent arrears, trespass and lawful eviction; First appeal – duty to re-appraise evidence.
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26 March 2020 |
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Decree from a summary suit containing apparent procedural errors was set aside; applicant allowed to defend and matter to proceed on merits.
Civil procedure – Review (Order 46 r.1) – error apparent on the face of the record – summary procedure – specially endorsed plaint – general damages not permissible in summary suit – absence of formal judgment and unexplained decretal sum – decree set aside.
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26 March 2020 |
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Suit challenging execution and remuneration agreement dismissed as incompetent, time‑barred and improperly brought as a representative action.
Civil procedure – Execution of decree – Section 34 Civil Procedure Act bars separate suit on execution matters; Limitation – action for account subject to six‑year period; Fraud exception requires particularization and compliance with Order 7 r6; Representative actions – must be instituted with proper court order; Abuse of process – re‑opening executed decrees.
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26 March 2020 |
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Respondent acted ultra vires investigating a valid repossession certificate; prohibition and injunction granted; appeal within 30 days was required.
Expropriated Properties Act – repossession certificate – legal effect and sufficiency for transfer; Minister functus officio. Administrative law – judicial review – illegality and ultra vires action by public body. Remedy – prohibition and injunction to restrain unlawful verification or investigation; appeal under section 15 (time-barred) is proper route.
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26 March 2020 |
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A commission of inquiry has no jurisdiction to make orders affecting property pending before the High Court.
• Administrative law – judicial review – supervisory jurisdiction of High Court under Article 42 and Judicature Act. • Commissions of Inquiry – scope of powers – investigatory/reporting role does not include making orders affecting rights in disputes pending before courts; acts ultra vires. • Natural justice – audi alteram partem – failure to afford hearing renders decision a nullity. • Remedies – certiorari and prohibition to restrain ultra vires action; award of general damages and costs.
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20 March 2020 |
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Tenant breached the tenancy by nonpayment and unauthorized subletting; landlord awarded arrears, repair costs, utilities, interest and costs.
Tenancy law – breach by non-payment of rent and unauthorized subletting – tenant’s continued occupation despite demands. Remedies – recovery of rent arrears, special damages for repairs (professional valuation), unpaid utilities, general damages, interest and costs. Evidence – contemporaneous SMS communications and local authority inspection corroborating landlord’s case.
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20 March 2020 |
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Dismissal for want of prosecution set aside where registry/CCAS failures and lack of notice constituted sufficient cause.
Civil procedure – Order 9 r.22 and r.23 CPR – dismissal for non-appearance – setting aside dismissal where sufficient cause shown due to inability to locate court file and lack of notice – interests of justice and deciding matters on merits.
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20 March 2020 |
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Interim injunctions against public appointments require judicial review; application was moot and dismissed.
Public law — interim injunctions against public bodies — prerequisites: prima facie case, irreparable harm, balance of convenience and public interest; judicial review versus ordinary action; mootness/overtaken-by-events where appointment already made.
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18 March 2020 |
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Reinstatement of a temporary-injunction application was dismissed because the originating main suit had been dismissed.
Civil procedure – reinstatement of dismissed interlocutory application – inherent powers (Section 98 CPA) versus specific procedure (Order 9 r.23 CPR) – temporary injunction requires pending main suit – application overtaken by events.
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14 March 2020 |
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Court found anaesthetic team negligent for omissions causing death and awarded damages and costs.
Medical negligence – standard of care and causation; anaesthesia and airway management – failure to respond to monitoring alarms and proceed despite elevated blood pressure; fitness of premises – licensing by Medical Council and admissibility of inspection reports; practising without licence – criminal offence but not automatically civil negligence; damages – assessment of general and special damages.
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13 March 2020 |
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Civil High Court cannot use s.83 civil revision to stop or nullify criminal proceedings before the General Court Martial; appeal instead.
Civil procedure – Revisionary jurisdiction – Section 83 Civil Procedure Act – applies to civil subordinate/magistrates’ court records; not a vehicle to halt criminal/military trials. Criminal/Military law – General Court Martial jurisdiction – challenges to military trials should follow criminal/military appellate routes (Court Martial Appeal Court, Court of Appeal, Supreme Court). Separation of remedies – civil courts should not interfere with ongoing criminal prosecutions absent appropriate jurisdictional basis.
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13 March 2020 |
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Expatriate assignment benefits largely denied; suit dismissed except for verification/payment of repatriation and unused vacation pay with interest.
Employment law – expatriate assignment and termination – breach of contract – entitlement to expatriate allowances, provident fund company contribution, annual bonus; proper parties to suit; verification and payment of repatriation and unused vacation pay with interest.
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13 March 2020 |
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Court finds newspaper published false, defamatory allegations of criminality; awards damages, apology, injunction and costs.
Defamation – publication of false allegations of criminality – test: tendency to lower plaintiff in estimation of right‑thinking members of society. Burden of proof – defendant must prove truth when publication imputes commission of an offence; qualified privilege not established. Remedies – general and exemplary damages, interest, apology, permanent injunction and costs.
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13 March 2020 |
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Interlocutory injunctions in defamation are granted only in the clearest cases; partial injunction issued against likely-repeat or unopposed respondents.
Defamation — interlocutory injunctions — extraordinary relief granted only in clearest cases; must show prima facie case, irreparable harm, balance of convenience. Freedom of the press — caution against prior restraint, fair comment and justification defences. Publication drawn from court pleadings may weigh against injunction. Injunction appropriate where respondent likely to repeat or where respondents fail to oppose.
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13 March 2020 |
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Defendant held liable for neighbouring property damage from a building collapse; special damages unproven, general damages UGX 9,000,000 awarded.
Tort — Negligence/duty of care — Neighbouring building collapse causing property damage Evidence — Proof of special damages — requirement for strict and documentary proof Mitigation — refusal of defendant's repair offers and its effect on damages Remedies — award of general damages and costs allocation
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13 March 2020 |
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Fraudulent misrepresentation and forged titles vitiated the land sale contract; plaintiff awarded refund, damages, interest and costs.
Contract law – sale of land – formation and breach – misrepresentation and forgery vitiating contract. Restitution – money had and received – total failure of consideration entitling purchaser to refund. Damages – special, general and exemplary damages; interest and costs. Evidence – failure to file defence and effect of admitted/undisputed facts.
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13 March 2020 |
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Decision not to renew the applicant’s contract quashed for procedural impropriety, mala fides, and lack of fair hearing.
Administrative law – Judicial review – Procedural impropriety – Natural justice – Failure to conduct periodic performance appraisals; Acting while on forced leave; Ultra vires exercise of delegated powers; Mala fides – Remedies: certiorari, mandamus, declaratory relief, damages.
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13 March 2020 |
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Dismissal for non‑payment of security without considering inability to pay or giving show‑cause was contrary to substantive justice; suit reinstated.
Civil procedure – dismissal for failure to pay security for costs (O.26 r.2(1) CPR); discretion to dismiss vs. duty to consider litigant’s inability to pay; requirement to afford last adjournment or show‑cause opportunity; substantive justice under Article 126 of the Constitution; reinstatement and costs as remedy.
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13 March 2020 |
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Failure to disclose records and denying a fair hearing in club disciplinary proceedings breached the applicant's constitutional right to be heard.
Administrative law – natural justice – right to fair hearing – disclosure of material; domestic/disciplinary tribunals – legal representation where complexity or serious consequences; remedies – quashing decisions, reinstatement, damages.
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13 March 2020 |
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Extension of time granted where tribunal’s delay in providing the full ruling prevented timely appeal.
Civil procedure – Extension of time to appeal – Sufficient reason required – Delay in tribunal availing full written ruling held sufficient reason to extend time; appeal by judicial review – notice of appeal not prerequisite when full ruling unavailable.
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13 March 2020 |
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Ministerial inaction on petition to create administrative wards was unlawful; mandamus ordered to compel demarcation.
Administrative law – Judicial review – Review of ministerial inaction – Statutory duty to demarcate administrative units and give reasons – Mandamus to compel performance; Kampala Capital City Authority Act; Local Government Act.
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13 March 2020 |
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Unchallenged newspaper allegations that the applicant abused his office were held defamatory; damages and costs awarded.
Defamation – publication alleging abuse of office – presumption of falsity where publication defamatory – burden shifts to publisher to prove truth – unchallenged evidence in ex parte proceedings – award of general and exemplary damages and costs.
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13 March 2020 |
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Employer vicariously liable for employee’s shooting; plaintiff awarded special, general, exemplary damages, interest and costs.
Vicarious liability — employer liable for employee’s torts committed in course of employment; proof of special damages by receipts; award of general and exemplary damages; interest and costs.
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13 March 2020 |
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Applicant denied a fair hearing; court quashed disciplinary decisions and awarded compensation instead of reinstatement.
Administrative law – Judicial review of employment disciplinary process; right to fair hearing – disclosure of evidence, right to cross‑examine and right of appeal; procedural bias and improper constitution of disciplinary/management committees; remedy – compensation in lieu of reinstatement; interest and costs.
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6 March 2020 |
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5 March 2020 |
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The applicant proved breach of a loan contract; claim timely, awarded repayment with contractual interest, damages and costs.
Contract law – loan repayment: borrower’s dishonoured cheque and breach; Limitation Act – six-year period, accrual from last servicing (2015); Evidence – burden to prove payment/history of payments; Interest – contractual 0.6% per week (simple interest) to judgment; Remedies – decretal sum, general damages UGX 12,000,000, post-judgment interest and costs.
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4 March 2020 |
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2 March 2020 |