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Citation
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Judgment date
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| December 2023 |
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Interim injunction to halt student association elections denied: no triable issue linked to stopping elections, balance of convenience favors holding polls.
Public law — Judicial review and interlocutory relief; temporary injunction — requirements: prima facie case, irreparable harm, balance of convenience; elections — public interest and third‑party prejudice; locus and exhaustion of internal remedies.
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23 December 2023 |
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A review must ordinarily be heard by the judge who made the order, but the court may grant interlocutory stays pending that review.
Civil Procedure — Review — Order 46 rules 2 and 4 CPR require review to be heard by the judge who made the order; inherent jurisdiction cannot override express procedural rules — Interlocutory relief — Court may suspend execution under Civil Procedure Act pending proper review — Evidence — Social media reports insufficient to establish participation of non-parties in General Assembly resolutions.
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22 December 2023 |
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High Court used inherent powers to stay execution of review orders pending resolution by the Court of Appeal.
Civil procedure – Stay of execution pending appeal – Inherent jurisdiction under section 98 to make interim orders – Prevention of abuse of process – Effect of partial execution and concurrent review proceedings – Competence of Court of Appeal to resolve competing appeals.
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19 December 2023 |
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Bank unlawfully froze and reversed customer funds without timely reporting, breaching the banker-customer contract.
* Banking law – banker-customer relationship – duty to exercise reasonable care and skill when handling customer funds; freezing and reversal of funds.
* Anti‑Money Laundering – reporting obligations – accountable persons must report suspicious transactions to Financial Intelligence Authority within 48 hours.
* Remedies – declaratory relief and costs available where bank acts in bad faith; damages to be pursued in substantive claim.
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19 December 2023 |
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15 December 2023 |
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Applicant’s dismissal quashed for procedural impropriety and bias; awarded UGX 20,000,000 and costs.
Administrative law – judicial review – amenability where public body’s disciplinary process breaches natural justice; Procedural impropriety – improper constitution of disciplinary committee and bias (complainant/prosecutor/judge) – certiorari quashing wrongful termination; damages for wrongful deprivation of employment.
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14 December 2023 |
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Judicial review succeeds: termination quashed for procedural impropriety and bias; damages and costs awarded.
Judicial review — amenability — public body and public law issue; Procedural impropriety — improper constitution of disciplinary committee; Bias — executive acted as complainant, prosecutor and chair, producing apprehended/actual bias; Remedy — certiorari to quash termination; damages for wrongful termination; prohibition unavailable once decision implemented.
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14 December 2023 |
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An invalid chattel mortgage and unlawful foreclosure defeated the bank’s sale; purchaser gained no title, but plaintiff must account for outstanding loan.
* Chattels security – validity of chattel mortgage over company property – debenture registration requirement and effect of non-registration.
* Contract and remedies – recall of facility, default, and lawfulness of lender’s remedies.
* Equitable and possessory liens – scope and limits where company infighting and defective security exist.
* Bona fide purchaser – duty to conduct due diligence; mala fides defeats transfer of title.
* Unjust enrichment/money had and received – bank’s right to recover outstanding loan despite invalid security; restitutionary remedies.
* Remedies – special and general damages, return of property, interest and costs apportionment.
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14 December 2023 |
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Court quashed unlawful stoppage of UPDF pension, ordered reinstatement and arrears, citing illegality and denial of fair hearing.
* Judicial review – validation of late affidavit – discretion to admit late evidence where no substantial prejudice.
* Administrative law – exhaustion of remedies – applicant's reasonable attempts to pursue internal remedies suffice where no effective administrative remedy exists.
* Public law – illegality, procedural impropriety (audi alteram partem), and irrationality – stopping pension without notice or lawful process unlawful.
* Remedies – certiorari quashing unlawful decision; mandamus to reinstate pension and pay arrears; refusal of damages where applicant benefited from unjust enrichment; costs follow the event.
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12 December 2023 |
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Applicant lacked locus standi to challenge suspension of pre-entry exams; application dismissed with costs.
Judicial review — locus standi — requirement of direct or sufficient interest; Joinder of necessary parties — necessity for effective adjudication; Exhaustion of remedies; Competence where orders affect unjoined third parties; Challenge to administrative suspension of pre-entry examinations.
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8 December 2023 |
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Newly discovered official evidence justified review, set-aside of a consent variation order, and correction of erroneous compensation orders.
Order 46 Rule 1(b) — review of court’s own decision on discovery of new material; Consent Variation Order — setting aside CVO executed in ignorance of material facts or against public policy; Administrative/transitional law — correct effective date of abolition/termination and entitlement computation; Public law/public policy — prohibition on compensating employees already paid or remaining on payroll.
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4 December 2023 |
| November 2023 |
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30 November 2023 |
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30 November 2023 |
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Plaintiffs’ applications to strike the defence and obtain judgment on admission were dismissed; trial to proceed on contested damages.
Civil procedure — Pleadings — Order 6 rr.8 & 10 CPR (specific and non‑evasive denials) — Order 30 (striking out) — Order 13 r.6 (judgment on admission) — Prior judgment/admissions in earlier proceedings — Defendant estopped from reopening abandoned preliminary issues — Suit to proceed on disputed damages.
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27 November 2023 |
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21 November 2023 |
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High Court lacks original jurisdiction over customs/tax disputes; statutory review and Tax Appeals Tribunal remedies must be exhausted first.
* Constitutional and statutory limits on High Court jurisdiction – Article 139(1) and Judicature Act s.14
* Customs law – EACMA ss.229–230: review to Commissioner and appeal to Tax Appeals Tribunal
* Tax Appeals Tribunal Act s.14 and s.27 – Tribunal review and route of appeal to High Court
* Requirement to exhaust administrative remedies in tax/customs disputes
* Precedent: tax disputes must first be lodged with Tax Appeals Tribunal (Rabbo Enterprises)
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21 November 2023 |
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Court held academic negligence claim competent; affidavit objections overruled; strike-out application dismissed with costs.
Civil procedure – competence of suit vs. judicial review – plaintiff’s choice of remedy; Affidavits – competence to depose without written authority or formal agency; Tort – supervisory duty of care in academic supervision; Cause of action – requirements for negligence stated in the plaint; Order 1 r.12 and Order 3 CPR – scope and application.
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21 November 2023 |
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Applicant failed to show a cause of action where code was already used and activation/implementation conditions were unmet.
Telecommunications — Allocation of short codes — Licence/authorisation conditions — Requirement to secure service provider implementation and timely activation — Failure to perform due diligence — No contract with network operator — Dismissal for lack of cause of action.
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20 November 2023 |
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Applicant failed to show a cause of action; short code already in use and assignment conditions unmet.
* Administrative law – allocation of short codes – requirement to obtain prior clearance from service providers and activate within prescribed period; failure to do so negates an actionable right. * Contract law – absence of hosting agreement/acceptance defeats claim against network operator. * Civil procedure – plaint must disclose a cause of action; failure leads to dismissal under Order 7 rule 11(a).
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20 November 2023 |
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Habeas corpus dismissed where respondents’ uncontested evidence showed the applicant had been released from custody.
Habeas corpus – personal liberty – requirement to show ongoing unlawful detention – effect of uncontroverted affidavits; Police Professional Standards Unit inspections; burden of proof in habeas corpus applications.
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15 November 2023 |
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Plaintiff proved conversion; defendant ordered to pay UGX 83,000,000, UGX 50,000,000 damages, interest and costs.
* Tort — Conversion — wrongful dealing or detention of goods inconsistent with owner’s rights — liability established on proof of receipt and refusal to return or account.
* Evidence — burden and standard — plaintiff bears legal burden; evidential burden shifts once plaintiff leads prima facie case.
* Remedies — assessment of value of converted goods, general damages for consequential loss, interest and costs; ex parte judgment where defendant absent.
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15 November 2023 |
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High Court found PPDA stay provision inapplicable here, declared filings incompetent, refused stay and left Tribunal orders operative.
* Public Procurement – PPDA Act s.91M(4) – limits on stays of execution where procurement suspension under s.91L(2) exists; does not oust High Court jurisdiction where statutory matrix absent. * Civil procedure – competence of applications – affidavits must be commissioned; ECCMIS filings cannot cure fundamental defects. * Stay pending appeal – Order 43 r.4 CPR factors (substantial loss, delay, security); availability of emergency procurement avoids vacuum. * Relief – Registrar’s orders set aside; Tribunal orders to remain operative pending appeal.
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14 November 2023 |
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Extension of time granted where cancellation of title was not communicated to the applicant.
Judicial review — time limit under Rule 5(1) — extension of time for good cause; time runs from communication of decision; lack of notice of hearing/decision; cancellation of certificate of title; burden on public authority to prove service/communication.
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13 November 2023 |
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13 November 2023 |
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Taxing officer may proceed ex parte where pre-taxation is frustrated; awarded costs were reasonable and appeal dismissed.
* Civil procedure – Taxation of costs – Service of bill of costs; * Advocates (Remuneration & Taxation of Costs) Regulations – Regulation 13A – pre-taxation meeting and taxation ex parte where one party refuses to participate; * Right to a fair hearing – attendance and participation at taxation; * Exercise of discretionary taxing power – reasonableness of increased instruction fees.
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13 November 2023 |
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State liable for unlawful arrest, illegal detention, battery and torture; damages and costs awarded.
Constitutional and statutory protection of personal liberty and freedom from torture; unlawful arrest and detention; torture and battery (Prevention and Prohibition of Torture Act 2012); vicarious liability of the State for actions of public officers; assessment and proof of special and general damages.
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10 November 2023 |
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Applicant’s challenge partly time-barred; Board’s discretionary non-renewal lawful and procedurally proper.
Judicial review – time limits for applications – employment contract renewal – Board discretion over renewal of senior management contracts – natural justice and hearing requirements – legitimate expectation – procedural impropriety and illegality.
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10 November 2023 |
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9 November 2023 |
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Torture allegations unproven, but unlawful incommunicado detention breached rights to personal liberty and movement; damages awarded.
Human rights – alleged torture – high burden of cogent, corroborative evidence; incommunicado detention – violation of right to personal liberty and freedom of movement; remedies – damages, interest and costs awarded.
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9 November 2023 |
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Court allowed joinder of purchasers and amendment of plaint to cure misnomer and particularize fraud; late affidavits admitted.
* Civil procedure – Joinder of parties – Persons who purchase mortgaged property may be added where orders would directly affect their interests.
* Civil procedure – Amendment of pleadings – Order 6 r.19 CPR allows rectification of misnomer, particularisation of fraud and addition of alternative relief where no new cause of action introduced.
* Civil procedure – Affidavits in interlocutory applications – Court may admit late affidavits filed before hearing if no substantial prejudice results.
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7 November 2023 |
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Applicant allowed to amend plaint and join purchasers as defendants; late affidavits admitted where no prejudice occurred.
Civil procedure – Joinder of parties – Addition of purchasers of mortgaged property where their interests will be directly affected; Amendment of pleadings – Order 6 r19 CPR permits curing misnomer and particularizing fraud where no new cause of action is introduced; Affidavits in interlocutory applications – courts may admit late affidavits filed before hearing if no substantial prejudice arises.
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7 November 2023 |
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Quarry blasting constituted private nuisance; operator liable for damages and restrained, regulator not held culpable.
Private nuisance – quarry blasting causing physical damage and interference with enjoyment of land; contributory negligence – foreseeability and reasonable precautions; environmental regulatory duty – issuance of EIA approval, monitoring and improvement notice; remedies – special and general damages, permanent injunction; punitive damages not awarded.
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2 November 2023 |
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Court found election challenge moot but awarded damages for the party commission’s omission of the plaintiff’s name.
* Party/internal elections – applicability of primary election regulations to party organs; * Justiciability and mootness – delay and absence of successful candidate as a party; * Remedies – election not vitiated in these proceedings but damages available for administrative error; * Pleading – failure to plead special damages bars recovery as special damages; * Interest and costs – award of 12% interest and half costs.
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1 November 2023 |
| October 2023 |
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31 October 2023 |
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A Grade I magistrate lacking pecuniary jurisdiction should return the file, not dismiss the suit, when misallocated administratively.
Civil procedure – revision – High Court’s power to revise magistrates’ decisions; jurisdiction – pecuniary jurisdiction of Magistrate Grade I; administrative allocation of files by registry; territorial jurisdiction of magistrates’ court; nullity of judgments rendered without jurisdiction.
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31 October 2023 |
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30 October 2023 |
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30 October 2023 |
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Judicial review unavailable where State House report comprised recommendations, not a reviewable decision; application dismissed.
Judicial review – amenability – recommendations and observations are not reviewable decisions; certiorari issues only against reviewable decisions; sub judice concerns should be raised in the trial court; natural justice and procedural impropriety require a reviewable decision.
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27 October 2023 |
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Applicants' claim of torture during a vendor-enforcement patrol dismissed for insufficient evidence linking injuries to respondents.
Constitutional law – freedom from torture, cruel, inhuman or degrading treatment; Prevention and Prohibition of Torture Act definition; vicarious liability and agency; proof on a balance of probabilities; role of police and UPDF during KCCA enforcement operations.
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27 October 2023 |
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Applicant’s dismissal was procedurally unfair and disproportionate; JSC’s decision quashed and reinstatement ordered.
Judicial review – Grounds: illegality, procedural impropriety, irrationality; Judicial Service Commission powers under Regulations 29, 30 and 35; fair hearing and plea-taking requirements; legitimate expectation arising from encouragement to mediate; proportionality of disciplinary sanctions; remedies: certiorari, prohibition, mandamus, reinstatement, arrears and costs.
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27 October 2023 |
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Dismissal by the Judicial Service Commission quashed for procedural unfairness and disproportionate sanction; reinstatement ordered.
Judicial review – disciplinary proceedings against judicial officers – jurisdiction under Regulation 35 for public complaints – breach of natural justice where charge/plea unclear and plea not recorded – legitimate expectation from ADR/settlement – disproportionate sanction where Commission departs from Disciplinary Committee without reasons – remedies: certiorari, prohibition, mandamus, reinstatement, arrears, costs.
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27 October 2023 |
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A judicial dismissal was quashed for procedural unfairness and disproportionate, unexplained punishment.
* Judicial review – scope: review of decision-making process, not merits
* Judicial Service Commission – jurisdiction under Regulation 35 to initiate proceedings
* Natural justice – requirement for clear charges, lawful plea-taking, reasons and opportunity to be heard
* Legitimate expectation – reliance on Commission-facilitated settlement cannot be ignored
* Proportionality – departure from disciplinary recommendation to impose dismissal unreasonable
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27 October 2023 |
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25 October 2023 |
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25 October 2023 |
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24 October 2023 |
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Consent judgments form a new binding contract and cannot be set aside without provable fraud, duress or misapprehension related to execution.
Civil procedure – Consent judgments and orders – Binding nature – can be set aside only for fraud, collusion, illegality, misapprehension or facts affecting execution of the consent; Duress – requires unlawful/wrongful pressure and prompt protest; Delay and estoppel – failure to challenge earlier bars later relief; Guarantees – guarantor secondary liability; Underlying agreement defects do not automatically vitiate subsequent consent judgment.
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24 October 2023 |
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Applicant failed to prove duress, fraud or illegality to set aside duly executed consent judgment and order.
* Civil procedure – consent judgments and orders – binding if entered with parties' consent – can be set aside only for fraud, collusion, illegality, misapprehension or reasons affecting execution of the consent. * Duress – elements and requirement of unlawful/wrongful pressure and prompt protest. * Estoppel and delay – failure to challenge consent promptly bars reopening. * Underlying agreement defects do not automatically vitiate properly executed consent judgments.
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24 October 2023 |
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Judicial review dismissed as premature for failure to exhaust university disciplinary remedies; suspension deemed investigatory.
Administrative law – Judicial review – exhaustion of internal remedies; University disciplinary procedure – suspension pending investigation is interim not final; Right to fair hearing – triggered at disciplinary hearing stage (USDC), not during ad hoc investigation; Exceptions to exhaustion (no remedies, undue delay, unfairness, inability to provide relief) not made out.
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24 October 2023 |
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Applicant's judicial review dismissed for failure to exhaust available internal university disciplinary remedies.
* Judicial review – exhaustion of local remedies – premature application where internal university disciplinary procedures remain available.
* Administrative law – suspension pending investigation – temporary investigatory measure versus final disciplinary sanction.
* Natural justice – right to fair hearing triggered at disciplinary hearing (USDC), not during ad hoc investigative stage.
* University law – role of ad hoc committee: investigatory and report-making to Vice Chancellor and USDC.
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24 October 2023 |
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Application for contempt dismissed: court found URA did not intentionally disobey interim stay on export levy.
Contempt of court – elements: lawful order, knowledge, intentional non-compliance – scope of interim injunction; regulatory duties of revenue authority; administrative measures (indemnities, declarations) as compliance; system-generated self-assessments vs enforcement.
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20 October 2023 |