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Citation
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Judgment date
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| May 2020 |
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Initial interdiction lawful but its unexplained continuation beyond statutory time-limits was unlawful and is quashed; back pay ordered.
Administrative law – Interdiction/suspension of public officer – lawfulness and limits under Public Service Standing Orders – requirement for expeditious investigations (3/6 month limits). Judicial review – delay and abuse of process – prolonged interdiction without conclusion is arbitrary and liable to be quashed. Evidence/procedure – defective affidavits not based on deponent’s knowledge may be struck off. Remedies – certiorari to quash unlawful interdiction and order for reinstatement/back pay and costs.
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29 May 2020 |
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Searches and continued possession under statutory warrant powers were lawful; plaintiff failed to prove loss or unlawful occupation.
Search and seizure – execution of court warrants and statutory powers under the East African Community Customs Management Act (sections 157–158). Use of force – reasonableness of police/military deployment when securing premises during customs investigations. Unlawful occupation/trespass – effect of completed searches and circumstances justifying continued possession pending verification. Proof of special damages – requirement to plead and strictly prove alleged losses and corroborate claims.
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29 May 2020 |
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A plaintiff cannot set aside a dismissal for want of prosecution; available remedies are an appeal or a fresh suit.
Civil procedure – Dismissal for want of prosecution (Order 17 Rule 5) – Distinction from ex parte dismissal (Order 9) – Order 9 Rule 27 setting aside applies to defendants only – Plaintiff dismissed for want of prosecution’s remedies limited to appeal or fresh action.
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29 May 2020 |
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Registrar wrongly reversed company share register and ordered inspector costs without investigation or hearing.
Companies law – Registrar’s powers to rectify company register – quasi‑judicial exercise of power – need for investigation/inspectors’ report before affecting membership or property rights – natural justice/right to be heard – costs of inspection under s.179 – limits of summary corrective powers under Companies (Powers of Registrars) Regulations.
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29 May 2020 |
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Petition for winding up dismissed; investigation ordered due to insufficient proof of oppressive conduct.
Company law – oppression and prejudicial conduct – standard of proof on balance of probabilities Companies limited by guarantee / NGOs – continuity, public interest and protection of third parties Remedies – winding up vs. statutory investigation into company affairs; investigation as extraordinary remedy Evidence – burden of proof and need for credible, corroborated evidence before intrusive remedies
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29 May 2020 |
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The plaintiff awarded damages after defendant negligently left road barriers, causing vehicle write-off.
Negligence – Duty of care owed by road constructors – Liability for abandoning road barriers without warnings; Unchallenged evidence; Proof of special damages; Interest and costs.
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29 May 2020 |
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Contractor’s failure to warn about abandoned road barriers breached duty of care; plaintiff awarded damages, interest and costs.
Negligence – duty of care of contractors during roadworks – abandoning barriers without warnings – unchallenged evidence accepted – proof of special damages – award of general damages, interest and costs.
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29 May 2020 |
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Suspensions by a university principal were ultra vires; court quashed the suspensions and ordered salary refund and costs.
Administrative law – judicial review – amenability of decisions by university officials to judicial review – suspension/interdiction – ultra vires acts – jurisdiction of Appointments Board – procedural impropriety – relief by certiorari; defective affidavit and striking out.
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29 May 2020 |
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Extension of time to file affidavit in reply granted for substantive justice, subject to filing deadline and payment of taxed costs.
Civil Procedure – Extension of time – Order 51 r.6 CPR – applicant must show sufficient cause; court exercises discretion judicially. Extension criteria – three-fold test: sufficient reasons, absence of dilatory conduct, and whether injustice would result if refused. Imputation – negligence of company employee may be imputable but prompt remedial action can mitigate and justify extension. Substantive justice – Court may prefer hearing disputes on merits over technical defaults; conditions and costs may be imposed when granting extension.
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27 May 2020 |
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Claim for contractual reimbursement dismissed: clause applies only after part-payment and claimant failed to prove incurred costs.
Contract law – interpretation of contractual clauses – clause for reimbursement enforceable only upon part-payment; burden of proof – claimant must adduce evidence of incurred costs; contractual construction – context and business efficacy principles; claim dismissed for failure to prove entitlement.
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22 May 2020 |
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Taxing officer may fix instruction fees for declaratory suits; subject-matter value alone is not determinative.
Costs – Taxation – Instruction fees – Where plaint claims declaratory relief only, value of subject matter cannot be derived from extraneous evidence – Taxing officer’s discretion to fix fees guided by complexity, time and proportionality – Appellate interference only for wrong principle or manifest excessiveness causing injustice; omnibus challenges without specifics fail.
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22 May 2020 |
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Acknowledgement of debt found enforceable; 1st and 3rd plaintiffs awarded decretal sums, interest and costs.
Contract law – acknowledgement of debt – enforceability; Burden of proof and assessment of conflicting evidence; Remedies – payment of decretal sum, interest and costs; Abandonment of claim for failure to prosecute.
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22 May 2020 |
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Registered-post notice effective; Commissioner may correct errors but not cancel titles for fraud without court; application dismissed.
Service of notices – registered post to address on title deemed effective; Commissioner’s powers – may correct errors/irregularities but cannot cancel title for fraud without court; Natural justice – oral/personal hearing not always mandatory; Sub-judice – pending court proceedings do not automatically bar administrative action; Judicial review – focuses on process (illegality, irrationality, procedural impropriety).
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22 May 2020 |
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Court set aside judicial review orders because the applicant was not served and reinstatement would duplicate a Mailo title.
Judicial review – review for error apparent on the face of the record – requirement to serve/join persons directly affected under Judicature (Judicial Review) Rules, 2009 – right to be heard (natural justice, Article 28). Land law – Mailo land registration – impracticability of cancelling/reinstating certificate where it would create duplicate title. Exercise of review powers to correct patent procedural error.
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22 May 2020 |
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Acknowledgement of debt held binding; respondent liable for specified sums, interest and costs; afterthought defence rejected.
Contract – Acknowledgement of debt – Enforceability of signed acknowledgements – Departure from pleaded defence – inadmissibility of afterthought evidence – Proof of debt and entitlement to contractual sums; interest and costs.
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22 May 2020 |
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Contractor negligent for inadequate excavation protection; plaintiff partially contributorily negligent; limited damages and costs awarded.
Tort — Negligence — Duty of care of a contractor in managing excavations adjacent to residential areas — Adequacy of barricades and foreseeability of risk. Contributory negligence — Applicability to minors — assessment of child’s capacity and apportionment. Damages — proof of special damages; general damages withheld due to contributory fault. Interest and costs awarded.
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22 May 2020 |
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Developer breached duty by inadequately barricading a deep excavation; child’s partial contributory negligence reduced recovery.
Construction law — Duty of care — Adequacy of barricading around deep excavations in residential areas; foreseeability and gravity of risk; contributory negligence — assessment where plaintiff is a minor; damages — proof of special versus general damages.
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22 May 2020 |
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Regulatory suspension of wetland permits was unlawful, breached legitimate expectations, and defendants owe substantial damages jointly and severally.
Environmental law – Wetland permits – revocation procedure – consultation limited to 'lead agency' under Regulations; Parliamentary Committee not a lead agency. Administrative law – Legitimate expectation – public authority's representations and withdrawal of permits. Contract/delict – Breach of permit rights – joint and several liability of defendants for loss caused by unlawful suspension. Remedies – assessment of business loss based on expert valuation; special and general damages; interest and costs.
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20 May 2020 |
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An omnibus mix of judicial review and human-rights claims is defective; private Twitter blocks did not violate the applicant's rights.
Judicial review v. human-rights enforcement – distinct remedies, procedures and time-limits; omnibus/hybrid claims fatally defective Civil procedure – competency of pleadings – improper joinder of public law and private-rights causes of action Constitutional law – alleged infringement by blocking on social media; distinction between private and official social media accounts Precedent – foreign (U.S.) authorities distinguished where legal regimes differ
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20 May 2020 |
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Plaintiff’s defamation claim dismissed: university claim time‑barred; other publications not defamatory given context and public interest.
Limitation of actions – two‑year limitation for scheduled corporations; Defamation – meaning and test (right‑thinking members of society); Publication and context – importance of suspension letter and pending investigations; Qualified privilege and fair comment – media reporting on matters of public interest; Statements about mental illness – not necessarily defamatory absent extrinsic injurious meaning.
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18 May 2020 |
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An oral sale by conduct and payments established ownership; police actions were lawful and plaintiff’s claim dismissed.
• Contract law – formation of an oral contract by conduct and implied terms; sale of motor vehicle.
• Evidence – burden of proof and reliance on payments, bank slips and conduct to establish ownership.
• Police powers and vicarious liability – police acted within statutory duties; no cause of action against Attorney General.
• Remedies – declaratory relief, restitution, general and consequential damages, interest and costs.
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15 May 2020 |
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The defendant was vicariously liable for its driver's negligence and ordered to pay damages and costs.
Vicarious liability – employer liable for acts of employee in course of employment; Negligence – duty of care, breach (excessive speed, failure to look out) and causation; Res ipsa loquitur and police accident report as corroborative evidence; Proof of special damages by receipts and oral evidence; Assessment and award of general damages and costs.
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15 May 2020 |
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Court allowed taxation appeal and reduced/disallowed several cost items for non-compliance with taxation rules.
Taxation of costs – judicial review of taxed bill – interference only in exceptional cases where wrong principle applied or award manifestly excessive; application of Advocates Remuneration and Taxation of Costs (Amendment) Regulations 2018 and Sixth Schedule; disallowance/reduction of items not provided for (mediation, perusal, copying, translation, travel) and adjustment of instruction fees.
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15 May 2020 |
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Plaintiff's reckless overtaking and lack of permit caused the accident; claim dismissed for contributory negligence.
Road traffic negligence – overtaking on a bend – contributory negligence – lack of driving permit – vicarious liability where employee negligence not established.
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15 May 2020 |
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Applicant granted extension to file appeal and execution stayed after court found lack of notice and sufficient cause.
Civil procedure – extension of time – "sufficient cause" – failure to be notified of date for delivery of ruling. Civil procedure – negligence of counsel – inadvertence can constitute sufficient cause; mistake of counsel not necessarily visited on litigant. Stay of execution – imminent threat of execution – prevention of appeal becoming nugatory. Service of hearing notices – court duty to ensure service before delivering an ex parte ruling or proceeding to taxation/execution.
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15 May 2020 |
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Applicant’s allegation of counsel’s negligence failed to establish sufficient cause to set aside an ex parte judgment.
Civil procedure – setting aside ex parte judgment – requirement to show sufficient or good cause; negligence of counsel alone insufficient without affidavit from former counsel; proof of service of hearing notices; abuse of process and delay tactics.
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15 May 2020 |
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Operator of a commercial parking held negligent and vicariously liable for fire damage; substantial damages, interest and costs awarded.
Commercial parking — existence of contract by acceptance and recording of vehicles; Duty of care — operator’s obligation to take reasonable fire-safety precautions; Negligence — foreseeability and breach by permitting smouldering combustible material and lacking firefighting equipment; Vicarious liability — operator liable for acts/omissions of guarding agent; Damages — valuation of destroyed vehicle, non-proved special damages, award of general damages, interest and costs.
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15 May 2020 |
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An applicant who has extracted and duly served a certificate of order on the Attorney General is entitled to mandamus compelling payment.
Administrative law – Mandamus – Prerogative writ compelling performance of peremptory duty – Requirements: decree, certificate of order, service on Attorney General, refusal to pay. Government proceedings – Service on Attorney General under Article 250 Constitution and section 19 Government Proceedings Act. Civil procedure – Ex parte proceeding where affidavit evidence is unchallenged – presumption of truth and entitlement to relief.
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15 May 2020 |
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Proceedings and judgment set aside where respondent was represented by a person not enrolled as an advocate; illegality is fatal.
Advocates Act – representation by a person not on the Roll of Advocates – illegality of proceedings – illegality overrides pleadings and merits – nullity of judgments obtained through unauthorized representation; costs awarded.
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15 May 2020 |
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State vicariously liable for police officer's negligent shooting; plaintiff awarded general damages, special damages rejected.
Tort — Negligence: police duty of care in use of firearms; vicarious liability of the State for acts of police officers; pleading and strict proof required for special damages; assessment of general damages for personal injury; striking out deficient defence.
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15 May 2020 |
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An oral tenancy existed; landlord’s extra-judicial closure and seizure were unlawful, entitling the tenant to damages and costs.
Landlord and tenant – oral tenancy – existence established by possession and payment of rent; unlawful extra-judicial re-entry and seizure of tenant’s goods; damages for wrongful seizure; counterclaim for storage costs defeated where seizure was illegal; interest and costs awarded.
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15 May 2020 |
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Applicant denied professional allowance; awarded payment in lieu of untaken leave with interest; damages disallowed; costs shared.
Labour/Service law – UPDF Conditions of Service – entitlement to professional/qualification allowance – Ninth Schedule prerequisites and requirement to be practising and deployed as a professional; payment in lieu of untaken leave – entitlement where leave not taken and respondent does not dispute facts; consolidated-pay calculation dependent on professional allowance eligibility.
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15 May 2020 |
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Taxing master’s large instruction-fee award upheld; appeal dismissed as not manifestly excessive.
Advocates Act – Taxation of costs – Instruction fees – Discretion of taxing master – Quantum not to be disturbed unless manifestly excessive – Value of subject matter ascertainable from pleadings/consent orders – Preliminary dismissal does not negate entitlement to full instruction fees.
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15 May 2020 |
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Court found malicious prosecution due to lack of reasonable cause and inadequate investigation; awarded general damages and partial costs.
Tort — Malicious prosecution: elements — institution of proceedings, absence of reasonable/probable cause, malice, termination in favour of plaintiff. Criminal procedure — Reasonable and probable cause assessed objectively from materials available to prosecutor. Evidence — Failure to investigate and reliance on enforcement officers' unverified statements may support inference of malice. Damages — Special damages must be strictly proved; general damages awarded for reputational and non‑pecuniary loss. Costs — Court may reduce costs where plaintiff inflates jurisdiction by unproven special damages.
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15 May 2020 |
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Conviction under the Anti‑Corruption Act 2009 automatically disqualifies a public officer for ten years; CAO’s stoppage of pay was lawful.
Administrative law – Public service discipline – Effect of criminal conviction; Section 46 Anti‑Corruption Act 2009 – automatic ten‑year disqualification from public office; Public Service Regulations – stoppage of emoluments and referral to District Service Commission; Natural justice – no separate administrative hearing required after competent criminal conviction; Clerical error in statute citation not fatal.
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15 May 2020 |
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A chief magistrate’s administrative reallocation permitted review by another magistrate; applicants’ revision was dismissed with costs.
Revision jurisdiction – Civil Procedure Act s.83 – Power to correct illegality or material irregularity; Review procedure – Order 46 CPR – review normally by same judge but administrative reassignment permissible; Supervisory powers – Chief Magistrate’s authority to allocate files (Magistrates’ Courts Act s.221); Execution law – distress for rent – illegality where bailiff’s licence revoked; Right to fair hearing – allegations of not being heard assessed against procedural and supervisory context.
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15 May 2020 |
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Police directive indefinitely banning social concerts was ultra vires, irrational and procedurally improper.
Judicial review — decision-making process; Public Order Management Act — definition of public meeting excludes social/commercial gatherings; Police Act S.32(2) and prohibition powers — application to social concerts held ultra vires; irrationality and procedural impropriety — bad faith detention and denial of hearing; prerogative remedies — certiorari and prohibition available, mandamus overtaken; constitutional declarations and general/exemplary damages not obtainable by judicial review motion.
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13 May 2020 |
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Failure to personally sign a statutory S.20 appeal renders the appeal incompetent and leads to dismissal.
Architects Registration Act s.20 – statutory requirement for petition to be under the hand of the architect/complainant; Civil Procedure Rules Order 3 r.1 – general agent/advocate filings; Constitution Art.28 right to legal representation and Art.126(2)(e) (dispensing with technicalities) – cannot override mandatory statutory filing requirements; Specific statute prevails over general court rule.
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13 May 2020 |
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Delay in issuing appointment letter breached PSC rules but did not establish administrative-justice violation or entitlement to salary arrears.
Public service appointments — failure to issue appointment letters within statutory time — breach of PSC Regulations 29(1) — Article 42 (administrative justice) requires appearance and administrative decision — discrimination under Article 21(3) not established — salary payable only for work done; damages claim time‑barred under Limitation Act — test case dismissal.
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13 May 2020 |
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Delay in issuing a public service appointment breached regulations but did not establish constitutional discrimination or recoverable salary; claim time‑barred.
Public service recruitment — failure to issue appointment/offer within statutory one‑month period — breach of PSC Regulations; Article 42 administrative justice — requirement of appearance and administrative decision; Article 21 discrimination — evidential burden and limited grounds; salary claims — payable only for work done; limitation period — three years bars delayed damages claims; test case procedure under Order 39 r.1 CPR.
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13 May 2020 |
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Law Council properly found applicant ineligible because his postgraduate diploma from a non‑common law jurisdiction did not meet statutory requirements.
Administrative law – Judicial review – focus on decision‑making process; grounds: illegality, irrationality, procedural impropriety. Admission to practise – Advocates (Amendment) Act s.8(8) & s.8(9) and Advocates (Enrollment and Certification) Regulations. Distinction between qualifications from common law and non‑common law jurisdictions in determining eligibility for enrollment. Precedent (Katungi) distinguishable where foreign bar qualification is from a common law jurisdiction. Law Council’s discretion to apply statutory requirements to applicants from non‑common law jurisdictions upheld.
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13 May 2020 |
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Judicial review quashes an unlawful indefinite school suspension for breach of natural justice; damages must be pursued in ordinary suit.
Administrative law – judicial review of school disciplinary action – grounds of illegality, irrationality and procedural impropriety; natural justice – right to be heard; Education Regulations (disciplinary procedure) – requirement to consult disciplinary committee and proper referral; remedies – certiorari to quash unlawful suspension; damages not recoverable in notice of motion without full particulars.
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13 May 2020 |
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Representative action dismissed for failure to particularise and obtain consent of intended plaintiffs and reliance on an unregistered association.
Civil procedure – Representative actions – Order 1 Rule 8 CPR – requirement to seek leave, disclose identities and obtain consent of intended plaintiffs; public advertisement and particularisation of plaintiffs required; unregistered associations lack legal personality and cannot found representative suits.
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12 May 2020 |
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A commission’s investigative directive to police to preserve land was ultra vires and quashed by certiorari.
Administrative law – Judicial review – Decisions of commissions of inquiry amenable to review where they exceed statutory powers; Procedural fairness – Invitation to give statement and written representations can satisfy fair hearing in investigative context; Ultra vires – Commission of Inquiry lacks power to direct police/administrative officers to take charge of land or issue enforceable preservation orders affecting pending court proceedings; Separation of powers – Preservation and injunctive relief over land disputes fall within the jurisdiction of courts, not investigatory commissions; Remedies – Certiorari appropriate to quash unlawful administrative directives; damages and permanent injunction discretionary.
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11 May 2020 |
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Challenge to revocation of forex licences construed as judicial review but dismissed as time‑barred under the statute.
Administrative law – Judicial review v statutory appeal – Interpretation of "appeal" in s.7 Foreign Exchange Act and Reg.43 as judicial review; statutory 30‑day limitation – time‑bar; Judicial Review Rules cannot extend statutory time limits; application dismissed.
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8 May 2020 |
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Consent judgments will not be set aside absent clear fraud, illegality, mistake or new compelling evidence; public body estopped by its officers' acts.
Civil procedure – Review of consent judgments – review permissible for fraud, illegality, mistake or misrepresentation; estoppel against public body denying authority of its officers; requirement of new, self-evident evidence; abuse of court process; clean hands principle.
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8 May 2020 |
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Applicant entitled to release of escrow funds; respondent’s insurance claims unproven or time‑barred; respondent owes admitted debit balances.
Contract and procedure – enforcement of consent judgment and escrow release; Insurance law – claim submission clause (60 days) and time‑bar; Evidence – requirement for supporting documentary proof and duty of good faith; Admissions – pleadings/affidavit admissions entitling claimant to judgment; Limitation Act – six‑year period and effect of acknowledgement of debt.
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8 May 2020 |
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Petitioner failed to prove unlawful enrolment or lack of informed consent in vaccine study; petition dismissed with costs.
Human rights petition — biomedical research — informed consent (language, comprehension) — evidentiary burden to prove medical status at enrolment — admissibility/prolixity of affidavit evidence — vaccine safety for HBV-positive individuals — no violation of Articles 22, 24, 41, 45 (Constitution).
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8 May 2020 |
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Delegated trade‑licensing provisions imposing municipal fees on pharmacies were ultra vires and amounted to unlawful double licensing.
Administrative law – Judicial review of delegated legislation – Ultra vires – Conflict between general trade‑licensing statutory instrument and specific National Drug Policy and Authority Act – Double licensing and manifest unreasonableness.
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8 May 2020 |
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Court quashed municipal trade‑licence requirement for clearing firms as ultra vires and amounting to double taxation.
Administrative law – Judicial review of delegated legislation – Ultra vires – Conflict between subsidiary instrument and East African Community Customs Management Act 2004 – Double licensing/double taxation – Prerogative remedies: certiorari and prohibition.
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8 May 2020 |