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Citation
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Judgment date
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| April 2020 |
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Applicants illegally detained beyond 48 hours; court awarded damages but rejected torture and injunction claims.
Constitutional law – unlawful detention beyond 48 hours (Art.23(4)) – right to inform family/consult counsel (Art.23(5)) – allegations of torture and inhuman treatment (Arts.24,44) – evidential standard for human‑rights breaches – remedies: compensatory and punitive damages; civil court will not ordinarily stay ongoing criminal prosecutions.
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30 April 2020 |
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Detention beyond the constitutional 48‑hour limit was wrongful; the state (police) liable and ordered to pay damages.
• Constitutional and common‑law false imprisonment – detention beyond 48 hours; burden on detaining authority to justify continued detention.• Police powers and reasonable suspicion – arrest on suspicion distinguished from unlawful continued detention.• Vicarious liability – complainant (bank) not liable where police act independently.• Remedies – award of general and exemplary damages, interest and costs against the state.
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30 April 2020 |
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Applicant failed to show sufficient cause or cogent evidence of counsel's negligence; extension and validation refused.
Civil procedure – Extension of time under Section 96 & 98 CPA and Order 52 – Validation of out-of-time Memorandum of Appeal – Alleged negligence of former counsel – Sufficiency of cause and dilatory conduct; failure to prosecute; professional misconduct vs client liability.
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30 April 2020 |
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The respondent was held liable for fire damage caused by negligent transformer installation by its contractor.
Negligence – electrical supply and installation – duty of care of licensed electricity supplier – liability for defective transformer installation; Evidence – expert report admissibility under the Evidence Act; Contract/privity and independent contractor defence – burden to plead and prove independence; Damages – assessment and award of special and general damages, interest and costs.
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30 April 2020 |
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Failure to give a hearing or reasons before dismissal pending appeal renders the administrative decision unlawful; reinstatement entitlements awarded.
Administrative law – judicial review – natural justice – right to a hearing and to reasons before dismissal; Public Service – effect of conviction pending appeal on removal from service; Solicitor General’s opinion and consistency of administrative practice; remedies – quashing decision and awarding contractual entitlements with interest.
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30 April 2020 |
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Delay and non‑communication of interdiction beyond statutory period can constitute abuse of authority, warranting damages to the applicant.
Public administration – Interdiction beyond statutory period; duty to communicate status of investigations; judicial review and damages – limited to misfeasance in public office; abuse of authority may attract modest general damages; obligation on affected officers to pursue administrative remedies.
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30 April 2020 |
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Applicant’s fabricated sickness claim defeated reinstatement; false affidavit showed no sufficient cause, so application was dismissed.
Civil procedure – reinstatement of dismissed appeal – requirement to show sufficient/good cause – credibility of affidavit – falsehoods in affidavit render application suspect – Joseph Mulenga authority – courts apply liberal construction of ‘sufficient cause’ but require bona fides.
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30 April 2020 |
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Prior ruling set aside because the affidavit of service was incurably defective, denying the applicant a hearing.
Civil procedure — Service of process — Order 5 r.10 & r.16 CPR — Affidavit of service must identify person served and any witness — Service on agent effective only if agent authorised — Defective affidavit of service incurably defective — Grounds for review and setting aside judgment.
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29 April 2020 |
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Where parties agreed English jurisdiction and the alleged defamation arose in the UK, the Ugandan court declined jurisdiction.
Civil procedure – jurisdiction – Order 9 r.3 CPR; Sections 14 & 15 Civil Procedure Act – forum choice for torts; exclusive jurisdiction clause – English law and courts; forum non conveniens – location of evidence, applicable law, parties' connections; defamation – place of cause of action (emails/IP address).
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29 April 2020 |
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A judicial review filed after the three‑month limit without seeking extension is time‑barred and dismissed with costs.
Judicial review – Limitation – Rule 5(1) Judicature (Judicial Review) Rules – three‑month filing requirement – mandatory effect; Extension of time – must be sought and proved by applicant; Court cannot extend time suo motu; Continuous illegality not an automatic exception to limitation.
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29 April 2020 |
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Receipts and conduct can establish an oral tenancy; unlawful locking of premises without court order attracts damages.
Landlord and tenant — oral tenancy — receipts and conduct as evidence; Contract Act s.10(2) (oral contracts) and s.10(5) (writing requirement) — applicability; estoppel (Evidence Act s.144); unlawful self-help eviction — trespass/detinue/conversion; proof of special damages; appellate review of discretion in awarding general damages.
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29 April 2020 |
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Review dismissed: unquantified general damages do not establish High Court pecuniary jurisdiction; parties are bound by pleadings.
Civil procedure – Review – "error apparent on the face of the record"; Jurisdiction – Pecuniary valuation – unquantified general damages cannot fix court's jurisdiction; Pleadings – parties bound by amounts pleaded; Transfer – High Court may transfer to lowest competent court.
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29 April 2020 |
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High Court dismissed revision: Magistrate Grade I had jurisdiction; Registrar’s execution orders are not revisable under section 83 CPA.
Civil revision – Section 83 CPA – scope and limits of High Court revision of Magistrates’ Courts decisions. Magistrates’ Courts Act s.207 – pecuniary and subject‑matter jurisdiction of Magistrate Grade I and Chief Magistrate. Procedure – Order 19 r.3 CPR – affidavits must state facts not law; argumentative/prolix affidavits struck out. Limitation – defence must be pleaded and proved; not a ground for revision where not raised at trial. Execution orders of Registrar – not revisable under s.83 CPA.
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29 April 2020 |
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Missing locus in quo record vitiated the trial judgment; matter set aside and remitted for fresh locus in quo and limited rehearing.
Evidence – locus in quo – importance of the locus in quo record where trial findings rely heavily on it; missing record can vitiate judgment and justify setting aside. Civil procedure – remedy – setting aside and remittal for fresh hearing where critical evidence record is missing; limited rehearing to preserve recorded testimony. Property – title evidence – requirement to produce original title at trial and liberty to cross-examine on title. Costs – parties to bear their own costs where fault for missing record is not attributable to either party.
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28 April 2020 |
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Attachment and sale of a non-judgment-debtor’s vehicle was unlawful; decree-holder and identifying parties held liable, bailiff immune if acting lawfully.
Execution of decrees – Attachment and sale of property – Only property belonging to judgment debtor liable to attachment – Duty to verify ownership before attachment – Court bailiff immunity for lawful execution but liability where wrongful/unlawful attachment caused by incorrect information – Remedies: repayment, general damages, interest and costs.
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23 April 2020 |
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Challenge to NGO Board’s cancellation dismissed where URSB revoked incorporation and applicant failed to show cause.
Administrative law – Judicial review of administrative action – Natural justice – right to be heard – show‑cause notice – Effect of URSB (Registrar) cancellation on NGO registration – Revocation of NGO permit under the NGO Act – Failure to respond to notice permits decision to proceed.
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23 April 2020 |
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A commission of inquiry acted ultra vires and breached natural justice by issuing a cease‑activities order without jurisdiction or hearing.
Judicial review – Commission of Inquiry – powers of commissions under the Commissions of Inquiry Act – advisory/fact‑finding role vs adjudicative powers – ultra vires acts – procedural impropriety and natural justice – certiorari to quash unlawful administrative action – affidavits by State Attorneys and deponents’ personal knowledge – leave to extend time for judicial review.
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23 April 2020 |
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Registrar’s cancellation of title for alleged fraud was ultra vires; only the High Court can adjudicate fraud and order cancellation.
Administrative law – judicial review – certiorari to quash unlawful administrative decision; Land law – Registrar’s powers under Section 91 Land Act read subject to Registration of Titles Act; fraud alleged in procurement of title must be determined by High Court; cancellation of title for fraud by Registrar is ultra vires; discretion of court in granting remedies and refusal to award damages absent pleaded/proved tort.
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23 April 2020 |
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Company-membership dispute referred to arbitration under Articles; no waiver; court declines to proceed.
Arbitration clause in Articles of Association – s.5 Arbitration and Conciliation Act – stay and referral to arbitration; waiver and ‘step’ principle in arbitration law; competence of arbitrator to determine account and register-related remedies; court’s power to decide procedural point raised in pleadings.
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23 April 2020 |
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Applicants' dismissals were void for breach of natural justice; awarded notice pay, gratuity, general damages, interest and costs.
Employment law – unfair dismissal – natural justice – failure to disclose inquiry/audit report; inadequate notice and opportunity to prepare; audit vs investigation; bias standard for disciplinary chairs; remedies: pay in lieu of notice, gratuity, general damages, interest and costs.
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23 April 2020 |
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An authority cannot impose taxes/fees absent parliamentary law; advertising charges quashed and refunds ordered.
Administrative law – taxation and fees – Article 152 Constitution requires taxation to be by Act of Parliament; local authority policy cannot impose taxes; ultra vires. Judicial review – illegality, irrationality, procedural impropriety – certiorari to quash unlawful rates. Restitution – refund of unlawfully collected public funds; interest and costs. Evidence – failure to prove alleged unlawful removal/defacement of property.
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23 April 2020 |
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The court lifted the respondent's corporate veil and ordered asset pooling to satisfy the liquidator's claims.
Insolvency and company law – Section 108 Insolvency Act / s.20 Companies Act – lifting the corporate veil of associated company where common shareholders, directors and control exist; concealment and evasion principles (Prest v Petrodel) applied to prevent fraud and defeat of creditors' rights; pooling assets and ordering associated company to contribute to liquidation claims.
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23 April 2020 |
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A public authority’s willful refusal to comply with court orders permitting private waste collectors constitutes contempt, warranting fines and coercive sanctions.
Contempt of court – civil contempt by public authority – requirements: existence of lawful order, knowledge, ability, and willful non-compliance – remedial and punitive relief including exemplary damages, suspended committal and monetary penalties; public authority regulation of waste collection; interplay between licensing/permit requirements and compliance with court orders.
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14 April 2020 |
C & 11 Others v Attorney General & Another (CIVIL SUITS NO.278,280,283,284,285,286,289,290,291,292,293,296 of 2013) [2020] UGHCCD 55 (14 April 2020)
High Court asserts jurisdiction, finds State breached supervisory duties but recruitment agency not proven to have trafficked applicants into slavery.
Jurisdiction – High Court’s original jurisdiction over recruitment-related claims where contracts were formed in Uganda and victims are Ugandan citizens; extraterritorial application of anti-trafficking law. Contract and consent – evidentiary weight of written application, consent and employment agreements over oral assertions of different job promises. Administrative law – statutory supervisory duties of the Ministry under Employment (Recruitment of Ugandan Migrant Workers Abroad) Regulations; interpretation of 'may' as imposing an obligation in context. Trafficking and slavery – distinction between abuse/mistreatment abroad and legally established trafficking/slavery; burden to prove recruitment by means of fraud, coercion or deception.
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14 April 2020 |
C, E, H, I, J, K, L, V, W, X, Y, Z v Attorney General and Another (Civil Suits No.278,280,283,284,285,286,289,290,291,292,293,296 of 2013) [2020] UGHCCD 232 (14 April 2020)
Court: Uganda has jurisdiction; Ministry breached monitoring duties but recruitment agency not found to have trafficked plaintiffs.
Jurisdiction; extra‑territorial application of anti‑trafficking law; contractual formation in Uganda; voluntariness and evidential weight of contemporaneous documents over oral testimony; statutory duty to establish Labour Assistance Centres; trafficking vs. mistreatment abroad.
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14 April 2020 |
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Statutory instrument adding telecom masts to local trade licences was ultra vires and demand notes were quashed.
Administrative law – judicial review of delegated legislation; vires of statutory instrument – ultra vires and inconsistency with parent Act; conflict between general trade licensing and sector-specific regulatory regime (communications); double licensing and double taxation; legitimate expectation/consultation in rule-making.
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14 April 2020 |
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Claim on an unstamped, backdated consultancy agreement was found fabricated and dismissed with costs.
Contract law – existence and authenticity of agreement – allegations of forgery and backdating; Stamp Duty Act – unstamped instruments inadmissible (s.42); Corporate law – lifting corporate veil where directors misuse company to perpetrate fraud; Evidence – credibility of witnesses; Remedies – dismissal and costs.
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14 April 2020 |
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The court found no contempt because the Appointments Board complied by considering and appointing the applicant within the ordered period.
Civil contempt – ingredients: subsistence of judgment/order, knowledge, and disobedience – enforcement versus punishment. Administrative bodies – collective action and affidavits on behalf of a board are permissible. Remedies – damages for contempt require proof of loss; contempt proceedings are coercive.
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14 April 2020 |
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Failure to follow statutory appraisal procedures and afford a fair hearing rendered the non‑renewal decision unlawful and quashed.
Judicial review – public/statutory body – procedural impropriety and natural justice – illegality/ultra vires action by public official – legitimate expectation – certiorari and mandamus – damages.
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14 April 2020 |
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Applicant’s wartime compensation claim dismissed as time-barred and relieved by prior ex gratia government payment.
Limitation (time-bar) – actions against the Government – three-year limitation period; Ex gratia payment – effect on subsequent claims; Res judicata – requirements and application where subject matter differs; Correspondence promising payment when funds available does not necessarily form a binding contract or revive limitation period.
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14 April 2020 |
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Contempt claim dismissed: the Appointments Board commenced consideration within 90 days from service of the order.
Contempt of court — compliance with court orders — computation of compliance period from service of extracted order — Appointments Board's lawful consideration of promotion applications — limits of remedies in contempt proceedings.
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14 April 2020 |
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An ultra vires challenge to tax-stamp regulations was dismissed as time-barred and improperly brought against the implementing agency.
Judicial review — Rule 5(1) time limit — applications must be brought promptly and within three months; extension of time discretionary; Ultra vires challenge to statutory instrument — appropriate remedy is judicial review not tax objection; Exhaustion of remedies — not rigid where JR sought; Necessary/proper parties — Attorney General necessary when challenging delegated legislation; Dismissal for time-bar and improper party.
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14 April 2020 |
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Respondent unlawfully delayed and selectively failed to implement tribunal orders, warranting reinstatement, prohibition and damages.
Administrative law – Judicial review – Enforcement of statutory Staff Appeals Tribunal orders – Commissioners for Oaths (Advocates) Act – invalid commissioning of affidavit – mandamus to compel reinstatement and payment of arrears – prohibition against disciplinary proceedings conducted after tribunal‑fixed time – damages for delay and discriminatory implementation.
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14 April 2020 |
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A notified billing dispute bars disconnection and the tribunal’s damages award, though imperfectly documented, was reasonably upheld.
Electricity law – Disconnection of supply – Effect of a notified dispute and duty to rectify billing errors under the Electricity (Primary Grid Code) Regulations. Evidence – Special damages – Proof on balance of probabilities and admissibility of imperfect documentary/audit evidence. Jurisdiction – Electricity Disputes Tribunal’s competence to hear sector complaints directly under the Electricity Act. Appellate review – First appellate court’s duty to re‑appraise and weigh evidence.
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14 April 2020 |
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Respondent vicariously liable for police officer’s fatal shooting; applicant awarded UGX 90,000,000 and costs.
Constitutional law – Right to life – State duty to prevent arbitrary deprivation of life by its agents; compensatory relief for breach. Tort – Vicarious liability – employer liable for employee’s wrongful acts done in course of employment even if wilful or criminal. Evidence – proof of special damages – burden to prove particular losses; unproven special damages may be subsumed into general damages. Remedies – solatium and general damages for unlawful killing; costs awarded.
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8 April 2020 |