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Citation
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Judgment date
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| 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 |
| 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 |