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Citation
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Judgment date
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| December 2021 |
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A beneficiary mother can challenge letters of administration but failed to prove fraud or justify revocation; most disputed land belongs to the 2nd defendant.
* Succession law – locus to challenge letters of administration – beneficiary (mother of deceased’s children) has standing to challenge grant.
* Succession Act s.234 – revocation of grant – requirements: defective proceedings, fraud, untrue material allegation, inoperative grant, wilful omission to exhibit inventory – burden and standard of proof.
* Administration of estate – inventory and account – delay excused where reasonable cause exists (difficulty accessing UPDF terminal benefits).
* Property rights – distinction between estate property and property owned by a third party; declaratory relief on ownership of land and commercial buildings.
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21 December 2021 |
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Section 139(2) of the Petroleum Act does not oust the High Court's jurisdiction over compensation claims for crop damage.
Petroleum law – Section 139(2) (Petroleum Act, 2013) creates administrative remedy for compensation but does not oust High Court jurisdiction; Constitutional law – High Court unlimited original jurisdiction (Art.139) and ouster of jurisdiction must be express; Compensation for crop damage – role of Chief Government Valuer as specialized assessor versus justiciability in ordinary courts; Human rights – claims for deprivation of property and livelihood are justiciable.
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21 December 2021 |
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A firm that becomes a litigant through its nominees cannot act as its own counsel in the same contentious proceedings.
Advocates' professional conduct – Regulation 9 (advocate as witness) applies to individuals not the firm; Regulation 10 (fiduciary duties) binds beneficiary and fiduciary only – third parties cannot enforce; a law firm that, through its nominees, becomes a litigant cannot act as its own advocate – disqualification to protect ends of justice.
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16 December 2021 |
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Discovery of alleged fraud in 2016–2017 tolled limitation; preliminary objection on time‑bar overruled, suit proceeds to trial.
Limitation Act s.25(b) – discovery of fraud tolls limitation period – challenge to grant of letters of administration – prescription as a preliminary objection – factual questions on discovery require trial.
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15 December 2021 |
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Interlocutory orders set aside where applicant’s affidavit was incurably defective and evidential showing of risk was inadequate.
Civil procedure – interlocutory injunctions under O.41 CPR – requirements: prima facie case, irreparable injury, balance of convenience; Affidavit formalities – attestation by commissioner for oaths – incurably defective affidavit nullity; Evidence – annexures must be attached to supporting affidavit, not only to submissions; Orders must be specific and implementable or will be set aside.
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13 December 2021 |
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Application to amend appeal to challenge pecuniary jurisdiction dismissed for delay, abuse and inadmissible fresh evidence.
Civil procedure – amendment of memorandum of appeal; production of fresh evidence on appeal (O.43 r.22 CPR); admissibility and weight of post‑trial valuation report and bill of costs; affidavits and annexures – sealing and formal defects; jurisdiction – pecuniary jurisdiction and Chief Magistrate’s jurisdiction in trespass (s.207 MCA); delay and abuse of court process.
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13 December 2021 |
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Newspaper articles on a public audit were defamatory; qualified privilege failed for lack of verification and malice.
Defamation — publications alleging corruption by a public official; qualified privilege and public interest — duty to verify and seek comment; malice and reckless reporting; damages, apology, injunction and costs.
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10 December 2021 |
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Multiple press reports on alleged public‑fund fraud were defamatory; privilege failed due to lack of verification and malice.
Defamation—publication capable of defamatory meaning; qualified privilege and public interest—burden to verify and seek comment; abuse of privilege where reporting is unverified or malicious; amendment of pleadings and limitation; remedies—general and exemplary damages, apology, injunction, costs.
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10 December 2021 |
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Court refused to freeze police/DPP investigations despite parallel civil proceedings, stressing public interest and prima facie unlawfulness requirement.
Criminal law / Civil procedure – temporary injunctions against public authorities – interplay between parallel civil proceedings and criminal investigations – public interest and constitutional mandate of police and DPP – requirement to show prima facie unlawfulness before restraining prosecutorial functions.
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10 December 2021 |
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Applicant failed to show prima facie case or irreparable harm; injunction to restrain board dismissed with costs.
Company law – interim injunctions – requisite elements: prima facie case, irreparable injury, balance of convenience – directors as directing mind and will of company – internal company organs/Registrar preferred forum for management disputes.
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10 December 2021 |
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Court declined to restrain police/DPP investigations, holding public interest and prosecutorial powers prevail over the applicant’s claim.
Interim injunctions – injunctions against public authorities – public interest and prosecutorial functions; Advocate’s immunity – limits on immunity from criminal investigation; Prima facie case and balance of convenience required to restrain police/DPP; Courts reluctant to suspend constitutional investigative/prosecutorial powers.
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10 December 2021 |
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Alleged forgery of a company’s consent variation does not automatically vitiate the order; fraud must be strictly proved.
* Civil procedure – Review of consent judgment – Alleged forgery and fraud – strict proof required; fraud cannot be established by affidavit alone.
* Company law – Authority to bind company – execution by two directors or director and company secretary; indoor management rule; third parties’ right to rely in good faith.
* Consent judgments – Variation by consent upheld if lawful, bona fide and not vitiated by illegality, mistake or fraud.
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10 December 2021 |
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6 December 2021 |
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Applicant failed to prove contempt because alleged acts concerned different land and evidence was insufficient.
Contempt of court – disobedience of injunction – requirement of high standard of proof – necessity of evidential link between alleged acts and the injunctive order – jurisdictional issue where original order was issued by a Judge.
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6 December 2021 |
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Appellants failed to prove customary ownership or possession of land; appeal dismissed with costs.
* Land law – Customary tenure – burden to prove applicable customary law and historical first occupation.
* Possession vs title – trespass requires proof of actual or constructive possession; developments and graves support possession.
* Evidence – power of attorney lapses on donor's death; testimony given thereafter is a nullity.
* Procedure – locus in quo record insufficiencies not necessarily fatal where sketch map and observations permit appellate review; failure to initially serve appeal documents not prejudicial where respondent participated.
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6 December 2021 |
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Convictions for theft, forgery and uttering set aside for prosecution’s failure to prove essential elements.
Criminal appeal – first appellate court duty to reappraise evidence; Section 127 Magistrates Courts Act – no-case-to-answer discretion; burden of proof remains on prosecution; hostile witness – limited weight and possible corroboration; theft — requirement of fraudulent taking without claim of right; forgery and uttering — necessity to prove false document and intent to deceive; handwriting expert evidence not binding.
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3 December 2021 |
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Court recalled and rectified an administration grant after finding an apparent omission of an authorized co-administrator, reserving accounting claims for separate proceedings.
* Civil procedure – Review of own judgment – Section 82 Civil Procedure Act and Order 46 Rule 1 – error apparent on the face of the record. * Succession/Administration – Grant of letters of administration – omission of authorized co-administrator – recall and rectification. * Limitation of review – allegations of mismanagement/intermeddling and claims for accounts/compensation are not determinable in review proceedings.
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3 December 2021 |
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Consent administration order set aside for duress; certificate of no objection revoked and matter referred back to Administrator General.
* Civil procedure – Consent orders – review and setting aside – grounds include duress, fraud, misapprehension of material facts.
* Succession/estate administration – Certificate of No Objection – revocation and referral to Administrator General where family consent is tainted.
* Family law – administrators as trustees – need for harmony and beneficiaries’ best interests when appointing administrators.
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3 December 2021 |
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Whether portions of land are matrimonial property or family land and the scope of spouses' security of occupancy.
Land law — classification of land: matrimonial property versus family land; spouses' rights under Section 38A (security of occupancy); consent requirements under Section 39; trespass for exclusionary occupation.
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3 December 2021 |
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A magistrate’s small-estate grant is valid absent prejudice; administrator’s lease created a profit à prendre and restoration was ordered.
Succession law — small-estate grants — Administration of Estates (Small Estates) Act s.2(5) — magistrate-issued letters not void for undervaluation absent prejudice to beneficiaries; Property — licence coupled with an interest/profit à prendre — extraction rights do not transfer ownership; Contract — beneficiary as intended third-party beneficiary may enforce restoration covenant; Remedies — inventory/accounting and specific performance; cancellation and revocation denied for lack of proof.
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3 December 2021 |
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Leave granted to file out-of-time taxation appeal due to lack of service and unfair ex parte taxation.
Advocates Act s.62(1) – time for appeal from taxing officer; Civil Procedure Rules – leave to appeal out of time; Taxation – service of bill and hearing notice; Ex parte taxation – fairness and right to be heard; Sufficient cause – requirement for extension of time; Prima facie arguable appeal; Costs as compensation for prejudice.
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3 December 2021 |
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Registered title upheld absent fraud; defendant’s customary kibanja not proved to be on the plaintiff’s land.
Land law – Registration and fraud: conclusive nature of certificate of title; fraud must be strictly proved and attributable to transferee; Customary interests – kibanja/donation inter vivos: proof of existence and location; Possession and trespass – unlawful use of registered land for motor sport events; Remedies – damages, eviction, permanent injunction and costs.
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3 December 2021 |
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Administrators may receive estate compensation despite pending ownership challenges unless restrained by a court order.
Succession Act – letters of administration – scope and effect; administrators as legal representatives; pendency of suits challenging administration does not bar administrators from exercising functions absent injunction; public authority’s withholding of compensation pending ownership disputes.
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3 December 2021 |
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Court orders specific implementation of a consent decree requiring a joint re‑survey and handover of title within 60 days.
Consent decree enforcement – obligation to hand over title and conduct joint re‑survey; resurvey/opening of boundaries; specific performance; remedy for alleged land encroachment.
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1 December 2021 |
| November 2021 |
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29 November 2021 |
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25 November 2021 |
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Plaintiff held trespasser for occupying unsold portion; lease covered only demarcated area; caveat removed; damages awarded.
Land law – lease interpretation and demarcation; sale of unleased portion – lawful transfer; trespass – unauthorized occupation of unsold portion; caveat wrongly lodged – removal; damages and eviction orders.
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25 November 2021 |
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Appellate court affirmed respondent’s ownership and trespass finding, dismissing appellant’s appeal and awarding costs.
Land law – ownership evidence; trespass to land – construction and occupation as trespass; locus in quo – defective record but no prejudice; appellate re-evaluation of evidence; appeal timeliness – uncertified record may excuse delay.
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24 November 2021 |
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Application dismissed: time‑barred and Commissioner validly cancelled registration after fair s.91 process.
Administrative law – Judicial review – Time limits: application filed outside three‑month period under Judicial Review Rules; exhaustion of alternative remedies – appeal to District Land Tribunal impractical so judicial review permissible; Commissioner Land Registration’s powers under s.91 Land Act – cancellation of entries for illegally obtained registration (minors, invalid power of attorney) lawful; service by registered post and ex parte hearing – effective service and opportunity to be heard; application dismissed with costs.
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17 November 2021 |
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Unsurveyed sale left purchaser without possession; tenant kibanja rights prevail and Section 35(2) applies.
Land law – trespass and possession – purchaser with equitable interest but without possession lacks locus to sue in trespass; unsurveyed/unascertained parcel; Land Act s.35(2) – duty to give sitting tenants first option to purchase; failure to give notice renders purchaser subject to tenants' kibanja interest.
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12 November 2021 |
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Delay and counsel's negligence do not suffice to reinstate an appeal absent sufficient cause.
* Civil procedure – application under inherent jurisdiction (s.98 Civil Procedure Act) to set aside dismissal for want of prosecution.
* "Sufficient cause" — liberal construction but requires diligence; prolonged inaction and mere counsel negligence not automatically excusable.
* COVID-19 pandemic — held not to excuse two years' failure to prosecute where no timely steps shown.
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12 November 2021 |
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Stay of execution refused where applicants failed to show irreparable harm or a likely successful second appeal.
Stay of execution — statutory criteria under Order 43; second appeal and likelihood of success; irreparable/substantial loss; balance of convenience; welfare of children; execution versus monetary compensation.
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12 November 2021 |
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Court granted mandamus compelling the Treasury to pay an enforced foreign judgment after appeal remedies were exhausted.
Mandamus – enforcement of foreign judgment – requirements: enforceable judgment and decree, certificate of order extracted and served, demand for performance, absence of stay or subsisting appeal – discretionary grant; Government Proceedings Act s.19; Judicature Act ss.36–37; post‑judgment review without stay does not bar mandamus.
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10 November 2021 |
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Court orders mandamus for admitted government debt and directs verification before enforcing the remaining certificate balance.
Judicial review/Mandamus – enforcement of certificate of order against the Government; affidavit competency where one applicant deposes for co-applicants; verification and reconciliation of beneficiaries and sums before payment; judgment on admission; Government Proceedings Act s.19; directions to verify and payment timeframe.
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8 November 2021 |
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A plaint signed by a non-advocate as "attorney" without authority is fatally defective and struck out.
Civil procedure – Pleadings – Authority to sign pleadings – Plaint signed by a non-advocate as "attorney" without valid power of attorney at time of filing is fatally defective and liable to be struck out; subsequent registration of power of attorney does not cure initial lack of authority.
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5 November 2021 |
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Application to set aside default judgment dismissed for negligence and dilatory conduct; matter to proceed to formal proof.
* Civil procedure – setting aside default judgment – Order 9 Rule 27 – requirement of sufficient cause.
* Government proceedings – Attorney General as party and representative – attribution of counsel negligence to government party.
* Delay and dilatory conduct – failure to diligently follow up – grounds for refusal to reopen ex parte judgment.
* Procedural irregularity – existence of written statement of defence on file notwithstanding entry of default judgment.
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5 November 2021 |
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5 November 2021 |
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Stay of execution granted pending appeal, conditional on a UGX 20,000,000 bank guarantee to prevent irreparable loss.
* Civil procedure – Stay of execution – Order 43 Rules 1 & 4 – requirements: substantial loss, absence of unreasonable delay, security for due performance.
* Eviction orders – risk of irreparable loss where land is applicants' livelihood.
* Security for due performance – courts balance protection of successful respondents with access to appeal; bank guarantee ordered as condition for stay.
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5 November 2021 |
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The applicant failed to prove ownership or possession; locus visit and Busuulu tickets supported the respondent—appeal dismissed.
* Land law – proof of ownership – evidential weight of Busuulu (tax) tickets – different plot numbers undermine exclusive ownership claim.
* Land law – possession and trespass – requirement to prove occupation or use to establish trespass.
* Civil procedure – evaluation of evidence – role of locus visit and credibility assessment in first appeal.
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5 November 2021 |
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Revision is limited to jurisdictional defects; procedural or factual complaints must be pursued by appeal, not revision.
Civil procedure – Revision under section 83 Civil Procedure Act – Revision limited to jurisdictional defects; Land law – Section 76A Land Amendment Act – LCII as court of first instance for land disputes; Procedural fairness – complaints about hearing procedure and locus visit are not grounds for revision.
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5 November 2021 |
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A beneficiary’s caveat protects equitable interest and remains until succession distribution and transfer are completed.
Registration of Titles Act s139 – beneficiary caveats – equitable/caveatable interest; beneficiary caveats do not lapse and require court order to remove; allegations of fraud not determinable in caveat vacation application; order for handover of succession certificates and certificates of title; no costs awarded.
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5 November 2021 |
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The applicant cannot use judicial review to enforce private tenancy rights against the respondent; ordinary suit required.
Judicial review – scope and limits – public decision-making process vs private contractual rights; disposal of public assets – Public Procurement and Disposal of Public Assets Act compliance; procedural impropriety and natural justice in eviction recommendations; remedy appropriateness – mandamus/prohibition/certiorari not available to enforce private tenancy disputes.
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5 November 2021 |
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Appellants failed to prove ownership and could not rely on an unpleaded title; appeal dismissed with costs.
Land dispute – proof of ownership – will not pleaded or exhibited – burden of proof on claimant; locus in quo – attendance and evidence of occupation; pleadings – unpleaded Freehold Certificate of Title cannot be relied upon; declaratory relief – court cannot grant ownership declarations absent counterclaim; allegations of fraudulent title require separate action.
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4 November 2021 |
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Respondent failed to prove ownership and breached the sale agreement; applicant lawfully resold vehicle and recovered outstanding balance.
Contract – Sale of goods – purchaser’s default – contractual right to impound and resell; Evidence – burden to prove registration/logbook under s.101 Evidence Act; Sale of Goods – unpaid seller’s right to resale; Mitigation of loss – sale of damaged vehicle; Damages – requirement of evidence to quantify general damages; Costs – costs follow the event.
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4 November 2021 |
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4 November 2021 |
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Public-interest human rights suit succeeds on standing and liability for unsafe drainage, but individual relief for the deceased is declined for lack of authority.
Public interest standing to enforce fundamental rights; representative suits and requirement of written authority to act for a deceased’s family; statutory duty of local authority to construct and maintain drains and roads; state liability for failure to protect rights to life, property and a clean environment; remedial reporting to Parliament under Human Rights (Enforcement) Act.
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1 November 2021 |
| October 2021 |
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Appeal dismissed for late filing and defective grounds; procedural non-compliance barred challenge to estate administration.
Civil procedure – Appeals from magistrates’ courts – Time for lodging appeals under section 79(1) Civil Procedure Act; exclusion of registrar’s time under section 79(2) – Notice of appeal not a substitute for filing appeal or requesting certified proceedings. Civil procedure – Grounds of appeal – Order 43 r.1(2) CPR requires concise, non-argumentative grounds; narrative/argumentative grounds are incurably defective. Estate administration – dispute over letters of administration; substantive issues not reached due to procedural dismissal.
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27 October 2021 |
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Undistributed family estate cannot be converted into exclusive ownership by one beneficiary without distribution or documentary proof.
Succession law – undistributed estate – absence of Letters of Administration or deed of distribution – beneficial interest v exclusive ownership; evidentiary proof of gift and exclusive possession; locus standi of beneficiaries to protect estate interests.
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26 October 2021 |
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Contempt application dismissed for failure to prove mandatory service of court process within 21 days.
* Civil procedure – service of process – Order 5 Rule 1 and Rule 3(c) – mandatory service within 21 days, failure to serve attracts dismissal.
* Contempt proceedings – cannot be heard without proof of service; hearing without service prejudicial to respondent.
* Procedural compliance – court will dismiss applications lacking proof of service rather than adjudicate merits.
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22 October 2021 |
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Court upheld instruction fee but struck improperly included trial costs, reducing taxed costs to Ugx 20,064,000.
* Advocates Act – taxation appeals – deference to Taxing Master’s assessment of quantum but court’s supervisory role.
* Instruction fees – reasonableness assessed by nature of proceedings, not solely historical subject-matter value.
* Costs – exclusion of trial-court costs where no order for those costs was made; striking of improperly included items.
* Civil procedure – service of process – court may hear merits under Section 98 where respondent (through counsel) is aware.
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22 October 2021 |