|
Citation
|
Judgment date
|
| October 2021 |
|
|
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.
|
27 October 2021 |
|
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.
|
26 October 2021 |
|
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.
|
22 October 2021 |
|
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.
|
22 October 2021 |
|
Appellant declared owner; occupation alone insufficient for title and continuing trespass defeats limitation defence.
* Succession – letters of administration and inheritance of land; * Land law – proof of ownership: gift inter vivos requires intention, delivery and acceptance; mere occupation does not confer title; * Adverse possession/occupation – occupation alone insufficient without statutory requirements; * Limitation – continuing trespass exception to limitation period; * Appellate review – re-evaluation of credibility and evidence.
|
22 October 2021 |
|
Applicants granted leave to sue as representatives; court mandated a detailed public advertisement of the representative suit.
Representative actions – Order 1 Rule 8(1) CPR – requirement of common interest – mandatory notice by personal service or public advertisement – required contents of advertisement – protection of occupants’ land rights.
|
22 October 2021 |
|
Counter-claim introduced by amendment without leave is improper; survey and mediation evidence can establish kibanja ownership.
* Civil procedure – pleadings – counter-claim – introduction of counter-claim by amendment without leave – procedural irregularity.
* Land law – kibanja holder’s interest – determination of boundaries – role of survey and mediation evidence.
* Ownership dispute – consideration of registered title history to resolve kibanja ownership.
|
22 October 2021 |
|
Administrator fraudulently procured grant by concealing a beneficiary; grant revoked but bona fide purchaser’s title upheld.
* Succession law – procurement of letters of administration by fraud – material concealment and false representation renders a grant revocable.
* Administrator duties – duty to file final inventory, not to retain certificates of title perpetually, and to consult beneficiaries; mismanagement supports revocation.
* Property law – bona fide purchaser for value without notice – due searches and absence of notice protect transferee’s title.
* Remedies – revocation of grant, return/surrender of letters and titles, cancellation of administrator’s name, damages and costs.
|
22 October 2021 |
|
Appellant failed to prove a gift-based ownership; trial court’s finding that respondent inherited and owned the land is upheld.
* Civil procedure — appellate re-evaluation of evidence — first appellate court must re-assess evidence but allow for not having seen witnesses.
* Property law — gift inter vivos — requires intention, delivery and acceptance; burden on donee to prove.
* Evidence — unchallenged material evidence in chief treated as admitted; material contradictions may discredit witness testimony.
* Succession/ownership — heirship and longstanding occupation can establish ownership rights.
|
22 October 2021 |
|
The petitioner failed to prove electoral offences or substantial noncompliance; the election result was upheld and petition dismissed.
Election petition — standard of proof: proof to satisfaction of court on balance of probabilities; competency of petition; admissibility and weight of affidavit evidence where witness not cross-examined; admissibility of DR forms — requirement for certification and sealing; agent signatures estop candidates from later challenging DR forms; ballot-stuffing allegations require cogent direct or circumstantial evidence; substantiality test — noncompliance must be likely to change result.
|
14 October 2021 |
|
Acknowledgment receipts established the appellant’s debt to the respondent; procedural errors were non‑prejudicial, appeal dismissed.
• Contract and restitution – money had and received – written acknowledgments evidencing repayable advances v. alleged rent payments; parol evidence rule. • Civil procedure – scheduling conferences and procedural non‑compliance; miscarriage of justice test. • Evidence – application of Illiterate’s Protection Act; admissibility and striking out witness statements; harmless error. • Jurisdiction – cause of action arising where payment occurred; suit properly brought in Busia.
|
13 October 2021 |
|
Proceedings and costs against a non‑existent legal entity are void; lower court judgment set aside.
* Civil procedure – legal personality – party to suit – unincorporated/non‑existent entity cannot sue or be sued and cannot bear costs or court orders.
* Civil procedure – nullity – proceedings against a non‑existent entity are void and not cured by substitution/amendment.
* Judicial duty – trial magistrate’s obligation to advise unrepresented litigants and discontinue proceedings where party capacity is in doubt.
|
13 October 2021 |
|
Use of GPS by magistrate at locus did not justify revisional relief; challenge to acreage lies by appeal, not revision.
Civil procedure — Revision under section 83 CPA — Whether locus in quo GPS use by magistrate amounts to unlawful exercise of jurisdiction; court-commissioned survey as official record; remedy by appeal not revision.
|
12 October 2021 |
|
Court dismissed the applicants' appeal, upholding the respondent's customary land ownership.
* Civil procedure – appeal from magistrate’s court – appellate evaluation of evidence and findings of fact. * Customary land – heir/beneficiary capacity to sue for recovery of customary land without letters of administration. * Evidence – materiality of witness contradictions; occupation and burials as evidence of ownership. * Possession/encroachment – temporary settlers versus longstanding family occupation.
|
12 October 2021 |
|
Whether a stay of execution pending appeal should be granted and what security conditions are required.
Civil procedure – Stay of execution pending appeal – Order 43 Rules 1 and 4(3) – Conditions: substantial loss, no unreasonable delay, security for due performance – discretion to grant stay without security but security appropriate where applicant remains in possession of land; deposit of bank guarantee and title ordered.
|
5 October 2021 |
|
Ex parte judgment and different parties defeated res judicata; appellants entitled to merits hearing; security for costs set aside.
Civil procedure – res judicata – requirements under Section 7 CPA (same issue, same parties/title, finally decided) – ex parte judgments and finality – right to a fair hearing – security for costs: appropriateness where matter not determined on merits.
|
5 October 2021 |
|
Objector proceedings inappropriate without attachment; sale annulment requires a suit; stay needs appeal and sufficient cause.
Civil procedure – Objector proceedings (Order 22 Rules 55–57) – objector relief applicable only where property has been attached; Reliefs seeking nullification of sale are contentious and must be instituted by plaint in an ordinary suit; Stay of execution (Order 43 r.4) requires an appeal or sufficient cause and satisfaction of conditions (substantial loss, no unreasonable delay, security).
|
5 October 2021 |
|
A notice of motion not signed and sealed as a summons is a fundamental, incurable defect; application dismissed with costs.
* Civil Procedure – Notice of motion as summons – Order 5 r.1(b) CPR; * Requirement of signature and court seal – Order 5 r.1(5) CPR; * Procedural compliance – omission to sign/seal is a fundamental, incurable defect rendering proceedings incompetent; * Authenticity and prevention of fraud in court processes.
|
4 October 2021 |
|
Administrators must include omitted children and properties in the estate inventory or properly seek revocation of their letters of administration.
Wills and administration – Will omitting children and property – administrators’ duty to locate assets and include them in a final inventory – filing and distribution before discharge – revocation of letters of administration requires separate suit – costs where parties related and in agreement.
|
4 October 2021 |
|
An uncertified ex parte arbitral award and failure to notify the judgment debtor rendered garnishee execution illegal; award and execution set aside.
* Arbitration — enforcement — requirement to produce duly authenticated original or certified copy of arbitral award and original/certified arbitration agreement (Section 35(2)).
* Arbitration — fair hearing — party not notified; inability to present case as ground to set aside award (Section 34).
* Civil procedure — garnishee proceedings — service on judgment debtor mandatory unless court orders otherwise (Order 23 Rule 3).
* Banking law — banker’s duty of reasonable care and fiduciary obligations to customer when executing orders or transfers.
* Public policy — courts will not sanction illegality and may set aside executions founded on irregular processes.
|
4 October 2021 |
|
Oral evidence that a written sale was a sham loan makes the parol evidence rule inapplicable; appeal allowed, costs to appellant.
* Evidence Act (ss.91–92) – Parol evidence rule – exceptions – oral evidence admissible to prove illegality, want of capacity, or that written agreement is a sham.
* Property law – proof of ownership – possession and lawful title required to establish trespass.
* Civil procedure – appellate review – re-hearing and re-appraisal of evidence by first appellate court.
* Remedies – where written sale is a cover for a loan, claimant should pursue debt recovery, not land possession.
|
1 October 2021 |