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Citation
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Judgment date
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| December 2022 |
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Court ordered arbitrator appointment and temporary hold of disputed cooperative compensation pending arbitration.
Cooperative Societies Act s73 – disputes between members/personal representatives and society; arbitration mandatory; Regulation 48 – lodging arbitral disputes; Arbitration and Conciliation Act s6 – court interim measures pending arbitration; appointing authority duty to appoint arbitrator; interim hold of decretal funds by advocates pending arbitration.
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16 December 2022 |
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16 December 2022 |
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A magistrate cannot use s.99 to reverse a pronounced ruling; the original ruling releasing attached property is confirmed.
Civil Procedure Act s.83 revision; s.99 correction limited to clerical/accidental errors; functus officio doctrine; Order 21 r.3(1) — pronouncement and signing of judgments; unlawful reversal of pronounced rulings; attachment and release of property.
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14 December 2022 |
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The applicant’s brokerage agreement for recovery of government award was contrary to public policy and void; claim dismissed with costs.
Contract law – Champerty/maintenance – brokerage agreements to recover government awards – public policy and unenforceability; Contract law – time of the essence – failure to perform by agreed date renders contract void; Misrepresentation – vitiation and rescission under Contracts Act 2010; Remedies – dismissal of claim and costs.
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14 December 2022 |
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Public interest challenges to executive decisions must be brought in the Constitutional Court, not as individual rights enforcement in the High Court.
* Human rights enforcement – distinction between individual enforcement and public interest litigation; * Jurisdiction – Rule 7(2) requires public interest actions under Rule 5(1)(d) to be filed in the Constitutional Court; * Abuse of process – cannot reframe administrative/judicial review matters as individual rights enforcement to circumvent procedure; * Judicial review vs constitutional enforcement – proper forum and procedure.
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14 December 2022 |
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Application dismissed as moot after Court of Appeal nullified the prosecution for rights violations.
* Judicial review – challenge to decision to charge for money laundering – allegations of irrationality, ultra vires conduct and procedural unfairness
* Human rights – allegations of torture and violation of non-derogable rights affecting validity of prosecution
* Criminal procedure – nullification and stay of prosecution by Court of Appeal
* Doctrine of precedent – stare decisis and mootness/overtaken-by-events
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14 December 2022 |
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Renovation agreement voidable for fraud; plaintiff awarded UGX 671,187,680 special and UGX 30,000,000 general damages, directors personally liable.
Contracts — Fraud and misrepresentation — Concealment of insurance — Voidable renovation agreement; Unjust enrichment; Breach of contract; Remedies — special and general damages; Interest; Lifting corporate veil — directors held personally liable for fraud.
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14 December 2022 |
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Administrator may verify and reject suspicious competing claims; principal creditors’ recourse was directed to the shareholder, not the company.
Insolvency law – Administrator’s powers – Court directions under s.173(1); Verification/adjudication of claims in administration; Insolvency Regulations r.175–178; Rule against double proof/double recovery where principal creditor and guarantor/parent conflict; Effect of settlement clauses and consent orders extinguishing company recourse; Office-holder engagement of external counsel.
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14 December 2022 |
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13 December 2022 |
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Leave to appeal granted where applicant showed arguable grounds and reasonable prospects; stay of execution refused.
* Civil procedure – Order 44 Rules 2 and 3 – Leave to appeal required for interlocutory orders – application for leave must be made first to the court that made the order. * Leave to appeal – test – substantial question of law of general principle or an arguable appeal with reasonable prospects of success. * Stay of execution – requires fresh grounds; absent new grounds, prior decision on stay stands.
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12 December 2022 |
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State agents’ arbitrary arrest, incommunicado detention and unlawful killing breached victims’ constitutional rights; State held vicariously liable.
Constitutional rights — unlawful arrest and detention — failure to inform reasons for arrest; denial of access to counsel and next of kin; detention beyond 48 hours; incommunicado detention as psychological torture; right to life and failure to release body — cultural burial rights; State vicarious liability for UPDF and police officers; remedies — declarations, exhumation and handover, general and exemplary damages, interest and costs.
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12 December 2022 |
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7 December 2022 |
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7 December 2022 |
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7 December 2022 |
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Civil dispute cannot justify arrest; unlawful detention breached Article 23 and both employer and Government held vicariously liable.
Constitutional and criminal procedure law – unlawful arrest and detention – Article 23(1)(c) Constitution and Police Act – reasonable suspicion requirement – 48‑hour rule for production to court – tort of false imprisonment – vicarious liability of employer and Government for agents’ acts – assessment of general and exemplary damages.
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5 December 2022 |
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Court granted leave to defer the company’s AGM due to financial constraints, absent audited accounts, and impracticability of virtual attendance.
Companies Act – Section 138 compliance and quorum requirements; Section 142(1) court power to order or defer AGMs where convening as prescribed is impracticable; virtual AGM impracticability due to rural membership; discretionary relief to prevent member disenfranchisement.
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5 December 2022 |
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New material justified review and set-aside of a consent variation because compensation would have been wrongly paid to already‑paid or still‑employed persons.
Civil procedure — Review of court’s own decision under Order 46 r.1(b) CPR — discovery of new and important material — Consent Variation Order — validity where consent executed without adequate information or contrary to public policy — entitlement to terminal benefits where claimant remained on public payroll.
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4 December 2022 |
Enforcement of property rights—constitutional guarantee—wrongful seizure—detinue vs. public Law—human rights enforcement—cause of action—preliminary objection overruled—right to redress under Article 50
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2 December 2022 |
| November 2022 |
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Court set aside Registrar’s orders and ordered rehearing inter partes due to procedural irregularity and potential injustice.
Civil procedure – Appeal from Registrar – Order 50 Rule 8 – Distinction from Order 9 set-aside remedies; ex-parte proceedings – existence of affidavit in reply; inherent powers – Section 98 Civil Procedure Act – setting aside Registrar’s orders and ordering rehearing inter partes where strict procedure would cause injustice; taxation of costs and joinder applications.
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30 November 2022 |
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Applicant’s joinder denied where judicial review addresses public-law issues and not private proprietary claims.
Civil procedure – Joinder of parties (Order 1 r10(2), r13) – Discretion to add parties; Judicial review – supervisory public-law jurisdiction not for resolving private proprietary rights; Necessity to show orders would legally affect proposed party; Fraud allegations require particular pleading and are not resolved by affidavit in judicial review proceedings.
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30 November 2022 |
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An alleged transferee of shares subject to attachment is not a necessary party to a company cause and joinder is denied.
Civil procedure – Joinder of parties (Order 1 r.10) – necessary vs desirable parties – locus to be joined; Company law – member status and one-member meeting – effect of attachment-before-judgment on purported share transfers; Relief must be sought against party or effective orders cannot be made in their absence.
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30 November 2022 |
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A party’s constitutional petition does not automatically stay ongoing High Court proceedings; stay is discretionary.
Constitutional procedure – stay of proceedings – filing of constitutional petition by a party does not automatically stay lower court proceedings; distinguishing referrals to the Constitutional Court; stay is discretionary and must avoid abuse and delay.
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30 November 2022 |
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Court granted majority shareholder leave under s.142 to call and conduct a meeting without quorum to appoint directors and secretary.
Companies Act s.142 — court power to order meetings where impracticable; Judicature Act s.33 — remedial jurisdiction; shareholder standing after court-ordered share transfer; relief to call and conduct meetings without requisite quorum; appointment of directors and company secretary; costs against company.
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30 November 2022 |
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Unsigned pre‑taxation agreement is not binding; taxing master may tax ex parte and award of costs will stand absent arbitrary or illegal exercise of discretion.
* Advocates' costs and taxation – Power to tax ex parte – Regulation 54; * Consent on taxation – requirement of proper execution to bind court; * Review of taxing master's discretion – interference only for arbitrariness, illegality, wrong principle or injustice; * Consideration of subject‑matter value, complexity, skill, time and documents in taxation.
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30 November 2022 |
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Leave to amend a defence to plead contributory negligence was granted; any prejudice was compensable by costs.
Civil procedure – Amendment of pleadings – Order 6 Rule 19 – Leave to amend to plead contributory negligence – Whether amendment is mala fide or prejudicial – Prejudice compensable by costs – Principles from Gaso Transport governing discretion.
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30 November 2022 |
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Applicants showed bona fide triable issues; court granted unconditional leave to defend a summary suit for taxed costs.
Civil procedure – Order 36 summary suit – leave to appear and defend – requirement to disclose bona fide triable issues; res judicata; recovery of taxed advocate-client costs; parties and enforceability of orders; reliance on Makula principle for threshold test.
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30 November 2022 |
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Unauthorised depositing of excavated material on the applicant’s land constituted actionable trespass warranting removal, damages and injunction.
Trespass to land – unauthorised deposit of excavated material – actionable per se; burden and standard of proof on balance of probabilities; remedies: removal of material, permanent injunction, general and exemplary damages, interest and costs.
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25 November 2022 |
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Default judgment set aside where applicants showed sufficient cause due to counsel’s omission and acted without dilatory conduct.
* Civil procedure – setting aside default judgment – sufficient cause – mistake or omission by counsel may amount to sufficient cause if no dilatory conduct by litigant; * Affidavit practice – authority to swear on behalf of another – technical defects may be excused where authority is later confirmed and parties were jointly sued; * Delay – reasonable promptness required when relying on counsel’s mistake; * Relief – leave to file written statement of defence out of time; * Costs – court declined to make orders for costs.
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17 November 2022 |
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Misnomer not fatal; trespass claim failed for lack of exclusive possession; market creation irregular and must be regularised.
Local Government Act – corporate personality and misnomer; Trespass – possessory action requires exclusive physical possession; Public Procurement – legal services are subject to PPDA and must be properly procured; Irregular establishment of local market must be regularised; Disqualification of counsel for procurement irregularity does not necessarily invalidate pleadings.
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16 November 2022 |
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Reinstatement of a suit that abated under Order 17 r.5 is illegal; plaintiff must bring a fresh suit.
Civil procedure – Dismissal for want of prosecution – Order 17 r.5 (2019) – Automatic abatement – Reinstatement impermissible where statute provides for fresh suit – Deputy Registrar functus officio – Procedural form of applications (motion vs letter).
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16 November 2022 |
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16 November 2022 |
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Suit struck out because the plaint named a non-existent defendant; misnomer provisions inapplicable.
Civil procedure – plaint struck out for naming non-existent defendant – misnomer provisions (Order 30 R10; Order 1 R10) inapplicable – burden to prove identity of defendant – substitution not permissible where defendant does not exist.
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14 November 2022 |
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Applicant granted unconditional leave to defend summary suit after court found triable issues and overruled procedural objections.
Civil procedure — Order 36 leave to appear and defend — bona fide triable issue required; Affidavits — competency and appearance before Commissioner for Oaths; Corporate litigation — authority of deponent and advocate to represent a company; Summary suit — necessity of annexing contract and proof of delivery/invoice.
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14 November 2022 |
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11 November 2022 |
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11 November 2022 |
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11 November 2022 |
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7 November 2022 |
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2 November 2022 |
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2 November 2022 |
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1 November 2022 |
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Court reinstated dismissed suit despite applicant’s counsel’s dishonesty, finding sufficient cause but ordering costs against applicant.
* Civil procedure – Order 9 rule 22 & 23 CPR – setting aside dismissal for non-appearance – sufficient cause test (honest intention, diligence, prima facie merit).
* Evidence and credibility – effect of omissions and falsehoods in affidavits; counsel’s duty of candour.
* Advocates’ professional conduct – Regulation against acting as both advocate and witness; consequences for dishonest conduct.
* Costs – misconduct may attract adverse costs orders even where reinstatement is granted.
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1 November 2022 |
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1 November 2022 |
| October 2022 |
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A university may lawfully cancel provisional admission if verification shows the applicant lacks the required chartered-university qualification.
Universities — provisional admissions subject to verification; requirement of degree from chartered university for postgraduate entry; university senate’s authority over academic matters; conditional admission and promissory estoppel; limits of affiliated institutions’ authority.
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31 October 2022 |
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31 October 2022 |
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Appeal struck out where commenced by notice rather than required memorandum and filed two years late without leave or good cause.
Civil procedure — Appeal to High Court — Order 43(1) memorandum of appeal required; notice of appeal insufficient — Limitation: section 79(1)(a) 30-day rule and discretion to admit out-of-time appeals — Mistake of counsel not automatically excusing procedural non-compliance — Incompetent appeal struck out with costs.
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31 October 2022 |
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Court struck out consolidated suits: earlier judgment barred lease challenge (res judicata) and eviction claims lacked legal basis.
* Civil procedure – preliminary objection – admissibility of affidavit sworn by advocate employed by retained firm – advocate may depose to facts within his knowledge without separate authorization attachment.
* Res judicata – final determination of legality of leases over registered land bars subsequent suits raising same issue; supremacy of Registration of Titles Act over inconsistent local enactments.
* Pleadings – failure to disclose reasonable cause of action – unlawful occupation/unlicensed market cannot found claim for unlawful eviction or confer locus standi.
* Relief – striking out/dismissal of consolidated suits and award of costs to applicants.
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31 October 2022 |
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Leave to appeal granted where applicant not party to original suit presented prima facie arguable ownership claim.
Civil procedure – Leave to appeal (Order 44 r.2) – Discretionary grant where prima facie grounds or real prospects of success exist – Review at execution stage – New evidence and ownership claims – Respondent default (no reply) – Leave granted.
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31 October 2022 |
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Leave to appeal and stay refused where dispute concerns internal company management and no substantial question of law shown.
Civil procedure – leave to appeal (Order 44 r.2 CPR) – Sango Bay test for grant of leave; Company law – internal management disputes – judicial non-interference in disciplinary processes under Articles; Interim relief – overtaken by events; Employment remedies – alternative avenues and abuse of court.
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31 October 2022 |
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Whether non-party directors are bound by an injunction directed at specific individuals and their agents.
Contempt of court — requirement of a clear and unambiguous order; Personam injunctions — bind only named persons and their agents/representatives; Corporate law — directors as the directing mind and will of the company; Non-parties — limitation on extending injunctions to unmentioned directors.
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31 October 2022 |
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Judicial review unavailable for a private employment dispute; claimant must exhaust Employment Act remedies.
* Administrative law – Judicial review – Amenability – Employment disputes by public bodies do not automatically engage public law.
* Labour law – Employment contract – Remedy under Employment Act – Exhaustion of statutory remedies required before judicial review.
* Civil procedure – Affidavit practice – Supplementary affidavit filed without leave struck out.
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31 October 2022 |