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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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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 |