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Citation
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Judgment date
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| March 2022 |
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Judicial review dismissed as moot after employment contract expired and remedies were overtaken by events.
Administrative law – judicial review – mootness – whether remedies are overtaken by events where interim orders were granted and the employment contract expired. Employment law – fixed-term contract – expiry by effluxion of time; effect on claims for reinstatement and injunctions. Judicial review – prerogative remedies discretionary; damages not awardable absent prerogative orders or a separate cause of action. Costs – where delay and events caused mootness, each party may bear own costs.
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10 March 2022 |
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No contract variation or unlawful interdiction found, but respondents held in contempt for unpaid contractual health‑club benefit.
Employment law – fixed-term contract and effect of probation confirmation; Public Service interdiction – lawful interdiction pending criminal proceedings and interpretation of six-month investigation guideline; Contempt of court – failure to pay contractual entitlement held to be contempt; Remedies – payment order, conditional fine and costs.
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10 March 2022 |
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10 March 2022 |
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9 March 2022 |
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No evidence of agency—second defendant was an independent contractor; lower court’s award against appellant set aside.
Civil procedure – appeal from magistrate’s court – appellate re-hearing on facts; Agency – ostensible authority/agency by estoppel – burden to prove representation by principal; Distinction between agent/servant and independent contractor – control test; Quantum meruit and indoor management rule – inapplicability where no direct transaction and supplier already paid; Vicarious liability – requires evidence of agency or employment.
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1 March 2022 |
| February 2022 |
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Leave to appeal against a security-for-costs order dismissed as out of time and procedurally defective.
Civil procedure – Leave to appeal – Order 44 r.2 – applicant must show prima facie grounds meriting serious judicial consideration. Civil procedure – Extension of time – must be sought by formal application; cannot be granted via written submissions. Civil procedure – Time limits substantive, not mere technicalities – Article 126(2)(e) applied with caution. Security for costs – procedural prerequisites for appealing orders requiring security.
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28 February 2022 |
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28 February 2022 |
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Whether a local authority is vicariously liable for police actions called in to restore public order.
Police law and tort — vicarious liability — no employer-employee relationship where police act under statutory mandate; failure to file defence as constructive admission; proof required for special damages; assessment and quantum of general damages for bodily injury.
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28 February 2022 |
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Leave to appeal refused where applicants failed to show arguable grounds; res judicata and Rule 5(1) time‑extension arguments rejected.
Leave to appeal – application for leave to Court of Appeal – test for grant where impugned order involved judicial discretion; Res judicata – requirement that prior matter be heard and finally determined on the merits; Judicial review – Rule 5(1) extension of time discretionary and permissive; Limitation statutes – construed subject to specific procedural provisions.
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25 February 2022 |
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23 February 2022 |
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Applicant showed procedural unfairness in title cancellation but failed by not exhausting statutory remedies, so judicial review dismissed.
Land law – Land Act s.91 – cancellation/alteration of certificates of title – requirement of notice and an opportunity to be heard; Registration of Titles Act s.177/182 – procedure to summon registrar; appeal under s.91(10); requirement to exhaust statutory remedies before seeking judicial review.
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23 February 2022 |
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23 February 2022 |
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21 February 2022 |
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16 February 2022 |
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High Court dismissed judicial review as premature because applicants failed to exhaust statutory Staff Tribunal remedies.
Judicial review — Prematurity — Requirement to exhaust alternative statutory remedies; Universities and Other Tertiary Institutions Act — Appointments Board (s.50) and University Staff Tribunal (s.57) — employment disputes; forum shopping; judicial restraint where statutory appeal exists.
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11 February 2022 |
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7 February 2022 |
| January 2022 |
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Third-party contempt proceedings can be brought for social media attacks that scandalise the court, and such attacks attract sanctions.
Contempt of court – scandalising the court via social media – imputations of corruption and incompetence to a judge – limits to freedom of expression – locus of third parties (Attorney General) to institute contempt proceedings for acts outside court – sanctions (fine, costs, warning).
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27 January 2022 |
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Court upheld substituted service by email as valid and dismissed the application to set it aside with costs.
Civil procedure — Substituted service; Order 5 rule 18 — substituted service by electronic means; Electronic service recognised — Companies Act s.274 and 2019 Practice Directions on ICT in adjudication; Fair hearing — effective notice via email does not inherently violate Article 28 rights; Costs — unsuccessful application dismissed with costs.
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27 January 2022 |
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Filing an EACJ reference does not automatically stay national proceedings or bar a judge from hearing a case.
Treaty law – Article 38(2) EAC Treaty – referral to EACJ does not automatically stay national proceedings; Jurisdiction – national courts’ limited power to make interlocutory orders relating to EACJ matters; Recusal – Constitution (Recusal of Judicial Officers) (Practice) Directions 2019 require hearing to proceed and permit appeal after determination; Interlocutory relief – requirements for stay/injunction (prima facie case, irreparable harm, balance of convenience); Forum shopping and abuse of process.
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27 January 2022 |
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High Court referral to Constitutional Court requires issues of constitutional interpretation involving substantial questions of law.
Constitutional references – Article 137(5) – High Court may refer a question to the Constitutional Court only where the question requires interpretation of a constitutional provision and involves a substantial point of law; mere application or enforcement of constitutional rights does not warrant referral; allegations of judicial bias must raise interpretive controversy to trigger referral; abuse of process in filing dilatory constitutional applications.
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27 January 2022 |
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The applicant's multiple duplicative filings were an abuse of court process and the reinstatement application was dismissed with costs.
Abuse of court process – multiplicity of identical applications; reinstatement of dismissed application – setting aside dismissal for want of prosecution; service by email – effectiveness; contempt proceedings; costs ordered.
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27 January 2022 |
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Court held email service effective and directions to file submissions proper; application dismissed with costs.
Civil procedure – motion proceedings – closure of pleadings upon affidavit in reply; Court’s inherent powers to issue directions; substituted service – email as effective service where personal service avoided; fairness and expedition in filing submissions.
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27 January 2022 |
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Court refused leave to cross-examine a deponent as the request was untimely, meritless and an abuse of process.
Civil procedure – Order 19 r.2 – Discretion to order attendance of deponent for cross-examination; must be exercised sparingly; factors: importance, delay, elucidation of issues – Timeliness and abuse of process – belated application and mootness – costs awarded.
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27 January 2022 |
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27 January 2022 |
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25 January 2022 |
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High Court will not interfere in private club disciplinary matters absent constitutional rights breach; expulsions upheld.
Private club discipline — internal constitution as contract — High Court limited intervention absent breach of fundamental rights — requirement to exhaust internal remedies — admissibility of evidence outside pleadings.
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24 January 2022 |
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Military courts may try civilians under the UPDF Act, but detaining civilians in military barracks is unlawful.
Constitutional and human rights enforcement – High Court jurisdiction under the Human Rights Enforcement Act to hear non-derogable rights applications. Military jurisdiction – civilians can become subject to military law under s.119 UPDF Act where charged with possession of defence-monopoly arms/ammunition. Detention law – Regulation 5 UPDF (Application to Civilians) requires remand of civilians in civil prisons; detention in military establishments unlawful. Fair trial/access to counsel – military detention of civilians may impede defence preparation and access.
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24 January 2022 |
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Applicants lacked standing and the President’s appointment of the Deputy Chief Justice was held lawful; application dismissed with costs.
Judicial review – standing/public interest – sufficiency of interest and authority to depose affidavits; Constitutional appointments – Article 142/147 – scope of Presidential discretion and Judicial Service Commission’s procedural discretion; Administrative law – legitimate expectation and requirement to advertise/interview; Separation of powers – limits of judicial review in constitutional appointments.
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24 January 2022 |
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Regulator lawfully suspended bank managers under section 82 FIA; no pre‑suspension hearing required pending criminal investigations.
Financial regulation – section 82(1) Financial Institutions Act – regulator’s power to issue directions; Administrative law – natural justice – contextual requirement of hearing; Suspension of senior bank managers pending criminal/anti‑corruption investigations; Fit and proper person test; Judicial review – scope and limits.
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24 January 2022 |
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24 January 2022 |
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Extension of time refused for late judicial review; implementing agency held not a proper party; application dismissed with costs.
Judicial review – Limitation – Rule 5(1) Judicature (Judicial Review) Rules – three-month limit and discretion to extend time – COVID-19 lockdown not automatically good cause. Administrative law – Ultra vires challenge to statutory instrument – proper parties to judicial review – Minister/Attorney General as maker of instrument; implementing agency not necessary party. Civil procedure – Misjoinder of parties – competence of application and effect on remedy.
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24 January 2022 |
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20 January 2022 |
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20 January 2022 |
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Appellant failed to prove trespass after locus-in-quo evidence showed the disputed kibanja was not on his registered plot.
Procedure – Appeal timing and record production; Civil procedure – duty to guide unrepresented litigants; Locus in quo – limits and need for licensed surveyor to determine disputed boundaries; Evidence – reappraisal on appeal; Property law – landlord’s consent and proof of trespass.
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19 January 2022 |
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Beneficiary can seek DNA testing to resolve ambiguous testamentary ‘siblings’; exhumation refused, relationship tests ordered.
Probate and family law — testamentary ambiguity as to ‘siblings’; locus of beneficiary to seek paternity determination; admissibility of hearsay; exhumation requires substantial grounds; DNA relationship testing among living presumed children appropriate to resolve estate disputes.
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19 January 2022 |
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Appellate court held insufficient proof of purchase and declared disputed land part of the deceased mother’s estate.
Land law – proof of title – necessity of documentary or credible oral proof for ownership; Evidence – authenticity of documents and weight of inconsistent testimony; Civil procedure – locus in quo limited to corroborating courtroom evidence, not for admitting fresh independent testimony.
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19 January 2022 |
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Insufficient proof of purchase; court held the land forms part of the deceased mother's estate.
Land law – ownership dispute – absence of written sale agreement or probate documentation – burden of proof under Section 101 Evidence Act. Evidence – authenticity of documents – probative value of documentary evidence bearing irregular stamps. Civil procedure – locus in quo – inadmissibility of fresh independent evidence at locus; locus is extension of court evidence. Evidence – witness credibility – rejection of inconsistent testimony.
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19 January 2022 |
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Wrongful retention of a land title by a government agency warrants general damages and costs.
Land law – wrongful retention of certificate of title; assessment of general damages for deprivation of use; economic inconvenience; entitlement to costs for delaying and denying possession.
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17 January 2022 |
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Whether an agreement lacking jurat by an illiterate is void and effect of disputed fingerprint evidence on possession.
Property law – Sale agreements – Effect of absence of jurat/certification where seller is illiterate – Illiterates Protection Act; Evidence – Expert fingerprint opinion – weight, admissibility and requirement for detailed, descriptive reports; Contract/Equity – Void agreements and unjust enrichment – restitutionary relief; Appellate review – re-appraisal of credibility and weighing of conflicting evidence.
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17 January 2022 |
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Court granted extension to file judicial review where applicant’s reasonable pursuit of internal remedies showed sufficient cause.
Administrative law – Judicial review – Time limit under Rule 5(1) – Extension of time where sufficient cause shown. Sufficient cause – delay excused where applicant diligently pursues internal remedies. Public interest – need to balance expeditious resolution of public affairs with protection of aggrieved litigant’s rights. Dilatory conduct – absence of inexcusable delay is prerequisite to extension.
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17 January 2022 |
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Stay denied where only costs were at issue and taxation could proceed without rendering appeal nugatory.
Civil procedure – Stay of execution pending appeal – requirements for stay (substantial loss, arguable appeal, security) – taxation of costs – judicial review dismissed as time-barred.
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17 January 2022 |
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High Court issues mandamus compelling the State to pay certified judgment debt and taxed costs.
Judicial review – mandamus – Court’s power under section 36(1) of the Judicature Act to compel performance of public duties. Execution against the State – enforcement of a Certificate of Order and payment of decretal amounts, interest and taxed costs. Government Proceedings – non-payment of judgment debt and protection of property rights.
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17 January 2022 |
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Court struck out respondents' late defence and counterclaim for lack of sufficient cause to extend time.
Civil procedure – striking out pleadings – Written Statement of Defence filed out of time; Extension of time – Section 98 Civil Procedure Act – sufficient cause required; Mistake of counsel – reliance permitted only where litigant diligent; Procedural irregularity – registry endorsement inconsistencies considered.
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17 January 2022 |
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Failure to prove repayment of an admitted loan cannot found a triable issue in a summary suit; appeal dismissed.
Summary suit (Order 36) — leave to appear and defend — defendant must raise plausible triable issues and adduce supporting evidence; Appellate procedure — first appeal re-hearing duty; Record of proceedings — appellant not obliged to furnish certified record; court to obtain lower court file.
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17 January 2022 |
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17 January 2022 |
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Applicant failed to show sufficient cause to file an out-of-time appeal; application dismissed.
Civil procedure – extension of time to appeal; sufficient/just cause required; negligence of counsel as ground for extension – requires proof of instruction, absence of litigant bad faith and no inordinate delay; proposed memorandum must disclose prima facie triable issues.
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17 January 2022 |
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Plaintiffs may bring an ordinary plaint to enforce Article 4 duties; preliminary procedural and pleading objections dismissed.
Constitutional procedure — Applicability of Judicature (Fundamental and other Human Rights and Freedoms) (Enforcement Procedure) Rules 2019; Article 4 obligations enforceable by ordinary suit where not Chapter Four or public interest; pleadings — requirement that a plaint disclose a cause of action; defence — when a written statement of defence may be struck out.
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10 January 2022 |
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Application dismissed for late service and failure to prove torture; costs awarded to the respondents.
• Civil procedure – service of hearing notices and motions – O.49 r.2 CPR read with O.5 r.1(2) CPR – strict 21‑day service rule; extensions required if late.
• Constitutional law – freedom from torture and cruel, inhuman or degrading treatment – burden and standard of proof on a balance of probabilities.
• Evidence – need for corroboration; contested medical records and photographs inadmissible as hearsay absent author affidavits or testimony.
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7 January 2022 |