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Citation
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Judgment date
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| June 2020 |
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Judicial review granted where dismissal followed a biased, irregular investigation denying fair hearing; dismissal quashed and damages awarded.
Administrative law — Judicial review of quasi‑judicial decisions — Amenability where appointment challenged; natural justice — right to prior notice, disclosure and fair hearing; procedural impropriety — bias, committee outside recognized structures; remedies — certiorari, declarations, damages.
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30 June 2020 |
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Court found oral/casual employment established and awarded unpaid emoluments and general damages, but refused unproven special damages.
Employment law – casual/oral appointment – recognition of employment where work performed and official benefits (ID, housing) allocated.* Damages – unpaid emoluments recoverable where employment established.* Special damages – must be specifically pleaded and strictly proved; failure to adduce evidence leads to refusal to award.* General damages – awarded on restitution/compensatory principle for wrongful dismissal/eviction.* Civil procedure – court may formulate issues and decide on evidence even where parties fail to file submissions.
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24 June 2020 |
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Court authorised the applicant to hold the company's AGM electronically under s.142 due to COVID-19 restrictions.
Companies Act s.142 – court power to order alternative convening and conduct of company meetings where impracticable; Judicature Act s.33 – remedial jurisdiction; COVID-19 public-health restrictions as grounds for impracticability; Electronic/virtual annual general meetings; Standing of director to apply for court direction.
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22 June 2020 |
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Prisoners and diasporan Ugandan citizens aged 18+ have a constitutional right to vote; Electoral Commission must facilitate their registration.
Constitutional right to vote – Article 59 – prisoners and diaspora – State duty to take all necessary steps – Electoral Commission obligation – discrimination (Article 21) – ICCPR Article 25 and ACHPR Article 13 – absence of enabling law not a lawful excuse.
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17 June 2020 |
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Court refused interim injunction against enforcement of a statutory instrument, prioritising public interest and status quo pending review.
Administrative law – interim injunctions in judicial review – prima facie case, irreparable harm, balance of convenience; public interest and preservation of status quo when challenging statutory instruments.* Delegated legislation – challenges to statutory instruments as ultra vires; reluctance to suspend operation of law pending full hearing. *Public law remedies – courts cautious to grant injunctions that would frustrate public projects or create legal/operational vacuums.*
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15 June 2020 |
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15 June 2020 |
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Court held disputed house was matrimonial property; respondent’s occupation unlawful, ordered eviction, damages and costs.
Matrimonial property – characterization of property as matrimonial where spouses jointly contributed; evidence evaluation on appeal – appellate court may reassess credibility and weigh conflicting evidence; transfer/gift of matrimonial property – invalid without consent of both spouses while marriage subsists; unlawful occupation – entitlement to eviction, damages and costs.
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11 June 2020 |
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Court authorised a listed company to hold its AGM electronically under Companies Act s142 due to COVID‑19 restrictions.
Companies Act s.142 – court power to order meetings in alternative manner where prescribed convening is impracticable; Virtual AGMs; Compliance with Uganda Securities Exchange listing rules and prior no-objection; COVID‑19 public-health restrictions affecting corporate meetings.
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11 June 2020 |
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Court permitted a listed company to hold its AGM electronically under Companies Act s.142 due to COVID-19 restrictions.
Companies Act s.142 – Court power to order meetings held in manner it thinks fit where articles’ requirements are impracticable; COVID-19 public health restrictions as justification for electronic AGMs; Judicature Act s.33 – court’s remedial powers; compliance with Uganda Securities Exchange no-objection and listing rules.
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11 June 2020 |
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A judicial review of a university suspension may proceed against university governing bodies; preliminary objections dismissed.
Administrative law – Judicial review – Challenge to university suspension – Proper parties – university governing bodies and officers may be sued; preliminary objections to cause of action and non-existence of parties dismissed; fraud allegation not fatal to notice of motion.
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11 June 2020 |
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A pre‑receivership undervalued, unauthorised sale was set aside; respondent ordered to pay market value with interest and costs.
Insolvency Act s.195(1) – court directions to receivers; Pre‑receivership dispositions – setting aside undervalued/unauthorised sales; Bona fide purchaser for value – evidentiary burden; Remedies – restitution by payment of market value, interest, execution and possible committal; Costs awarded to receivers.
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11 June 2020 |
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A telecom breached a subscriber's constitutional right to privacy by releasing call records without lawful authorization.
Constitutional right to privacy – unlawful disclosure of subscriber call records – telecommunications provider's duty to verify and not disclose without lawful authorization; Fiduciary/confidential relationship between telecom provider and subscriber; Remedies – general damages, interest and costs for breach of privacy.
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11 June 2020 |
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Applicant’s judicial review dismissed for failure to exhaust statutory appeal despite Commissioner’s defective notice.
Administrative law – Judicial review – Commissioner of Land Registration’s amendment/cancellation of title – failure to give statutory notice – requirement to exhaust statutory remedies (s.91(10) appeal) – premature judicial review – costs awarded against respondent.
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11 June 2020 |
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The respondent was held in contempt for failing to implement its Staff Appeals Tribunal orders and mandamus, damages and costs were awarded.
Administrative law – judicial review – mandamus to compel performance of institutional appeal tribunal orders; contempt for failure to implement internal tribunal decisions; damages for non‑compliance; revival of lapsed timelines.
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11 June 2020 |
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Claim for electrocution damages dismissed because claimant was not respondent’s employee and acted with contributory negligence.
Employment law — determination of employee status; Occupational Safety and Health obligations of employers; contributory negligence; liability of principal versus subcontractor.
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11 June 2020 |
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Default judgment for unpaid indemnity; guarantor jointly liable; general damages and 18% interest awarded.
Civil procedure – Default judgment – Order 9 Rule 6 – liquidated demand where defendant fails to file defence; Contract – indemnification and guarantee agreements – guarantor liability for debtor's default; Remedies – decretal sum, general damages, interest and costs.
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11 June 2020 |
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Plaintiff entitled to judgment for unpaid credit supplies evidenced by 45 bounced cheques, with interest and costs awarded.
Commercial law – Recovery of debt under credit supply contract; bounced cheques as evidence of unpaid obligations; burden of proof on alleged payments; accounting records as primary evidence; award of contractual/commercial interest and costs.
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11 June 2020 |
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Court quashed internal supervisory appointments, ordered impartial supervision, fee relief, damages and costs.
Administrative law — Judicial review of university supervisory appointments — Grounds: illegality, irrationality, procedural impropriety — Remedies: certiorari, prohibition, mandamus — Legitimate expectation, damages, fee waiver.
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11 June 2020 |
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Plaintiff awarded refund, special and general damages with 25% interest for failure to deliver vacant possession.
Sale of land – deposit repayment – failure to deliver vacant possession or good title – default judgment – proof of special damages for surveying/subdivision expenses – award of general damages, interest (25% p.a.) and costs.
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10 June 2020 |
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Court refused to vacate vehicle caveats where creditor had a pending winding‑up petition and debtor offered no security.
• Civil procedure – caveat/flagging of vehicle registrations – whether caveat should be vacated pending creditor’s recovery/winding‑up proceedings.
• Insolvency – appropriateness of resolving insolvency and winding‑up disputes in the pending commercial court proceedings rather than in collateral applications.
• Security for debt – absence of guarantee or security as justification for maintaining caveat.
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10 June 2020 |
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10 June 2020 |
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Unauthorised donation of company equipment constituted conversion and breach of trust; respondent liable for restitution, damages, interest and costs.
Company law / employment – unauthorised disposal of company asset – conversion and breach of trust by employee. Equity – employee usurpation of business and formation of competing company following unauthorized donation. Remedies – restitution of value, general and exemplary damages, interest and costs. Set-off – application of outstanding employee loan against terminal benefits and award adjustments.
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10 June 2020 |
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Publication on voter‑register problems was held truthful, privileged and a fair public‑interest comment; the applicant's defamation claim dismissed.
Defamation (libel) – truth/justification as a complete defence – fair comment on matter of public interest – qualified privilege – absence of malice – burden of proof on defendant to show substantial truth.
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10 June 2020 |
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Unauthorized police disposal of a reported-stolen vehicle led to awards for vehicle value, lost income and general damages.
Property law/police conduct – Unauthorized disposal of a reported-stolen vehicle; conflict of interest and misappropriation by a police officer; State liability for actions of employees; awards for value, loss of income and general damages; interest and costs.
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10 June 2020 |
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Practice Directions on judicial recusal are within the Chief Justice’s administrative powers and not unlawful.
Administrative law – Chief Justice’s administrative powers under Article 133(1)(b) – Validity of Practice Directions on recusal – Judicial review grounds: illegality, procedural impropriety, irrationality – Right to fair hearing – Timing of appeals against recusal decisions.
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10 June 2020 |
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An unexplained five‑year delay and mistaken procedural choice do not justify extension of time for judicial review.
Judicial review — extension of time — applicant must show good cause; unexplained multi‑year delay is fatal. Procedural choice — enforcement of rights versus judicial review — wrong procedure cannot excuse lapse of limitation. Finality and institutional certainty — public bodies entitled to repose from stale challenges. Credibility and diligence — honest mistake must be credible and promptly remedied to justify extension.
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10 June 2020 |
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Seized title tied to alleged fraud: transfer to applicant declared illegal; police retention and cancellation ordered.
Property law – seizure of title by police – fraudulent transfer – bona fide purchaser protection not available where chain of title is founded on fraud – cancellation of illegal transfer and reinstatement of original registered owner – monetary relief to be pursued civilly.
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10 June 2020 |
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An advocate’s failure to disclose and account for client funds constituted professional misconduct; lien only protected taxed costs.
Advocates Act – lien – lien protects only legitimately held taxed costs; cannot justify nondisclosure of client funds. Advocates (Professional Conduct) Regulations – Regulation 8 & 29 – duty to disclose payments received on behalf of clients and to account promptly and correctly. Professional misconduct – Regulation 31 – failure to account for client monies and nondisclosure constitutes conduct unbecoming an advocate. Disciplinary procedure – quorum and panel composition under section 18. Sanctions – repayment, interest, costs and suspension as disciplinary remedies.
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10 June 2020 |
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Minority oppression claim dismissed; court found management lawful, petitioners committed fraud, director removed and damages awarded.
Company law – s.248 Companies Act – minority shareholder petition for unfair prejudice/oppression – proper party and jurisdiction; Memorandum of Agreement – majority investor’s management powers and buy-back option; Validity of calls on unpaid shares and forfeiture – notice/ service requirements; Distinction between corporate wrongs and unfair prejudice; Fraudulent acts by shareholders – unauthorized transactions, charges and accounts; Remedies – removal of director, damages, costs.
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8 June 2020 |
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Judicial review application dismissed as premature for failure to exhaust statutory appeal remedies against disciplinary interlocutory rulings.
Administrative law – Judicial review – supervisory jurisdiction to check illegality, irrationality and procedural impropriety. Procedural law – Exhaustion of statutory remedies – Appeal under disciplinary regulations as primary remedy. Administrative law – Prematurity – interlocutory decisions generally not amenable to immediate judicial review. Disciplinary proceedings – powers of Judicial Service Commission and scope of investigations and charge amendments.
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8 June 2020 |
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Court finds State took sufficient measures to secure food access during COVID‑19; application dismissed.
Constitutional law – implied right to food as part of right to life/livelihood; State duties under National Objectives XXII & XXIII; emergency relief, contingency funding and distribution mechanisms; justiciability of socio‑economic directives; administrative measures vs. formal food reserves.
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4 June 2020 |
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A dawn police raid without statutory records violated the mosque’s privacy and religious‑freedom rights; brief detention was justified.
Constitutional law – search and seizure – Police Act s.27 mandatory records and warrant requirements; unlawful search of place of worship; right to privacy (Art.27) and freedom of religion (Arts.29(1)(c),37) violated; temporary detention under Art.23(1)(c) justified; no proven breach of Art.24 (torture) – return of items and compensatory damages awarded.
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1 June 2020 |