HC: Civil Division (Uganda)

Civil Procedure—Tax disputes—jurisdiction of the High Court—Tax Appeals Tribunal—exhaustion of local remedies—specialized adjudication—misjoinder of parties—premature suits—improper filing—dismissal with costs.

Temporary Injunction—supervisory powers of the High Court—illegality allegations—Extraordinary General Meeting by Uganda Law Society (ULS)—prima facie case—judicial discretion—equitable remedy—balance of convenience—irreparable harm—preventing illegalities, upholding the rule of law.

Judicial review—professional regulation—disciplinary proceedings—suspension for professional misconduct—failure to provide fair hearing—partial non-compliance by appellant—breach of natural justice—right to respond to allegations—certiorari—engineer's one-year suspension set aside—court orders a new disciplinary hearing adhering to principles of natural justice—damages and costs denied due to appellant's prior non-compliance.

Freedom from torture—privacy violations—equality and non-discrimination—articles 24, 27, 44(a), and 21(1) of the Constitution—arrest during Covid-19—personal liability—vicarious liability—general damages—punitive damages—interest—costs.

Advocates' fees—Advocate-Client relationship—professional conduct—fee agreements—taxation of costs—remuneration regulations—reasonableness of fees—execution of decretal awards—client instructions—judicial oversight—legal services without advance fees—discretionary powers—advocate misconduct

Procurement law—review application—errors on record—procurement irregularities—breach of procurement laws—nullification of procurement process—fresh procurement directive—costs awarded.

Religious disputes—church autonomy—ministerial exception—religious question doctrine—ecclesiastical jurisdiction—fair hearing—justiciability—provincial constitution—exhaustion of internal remedies—judicial oversight—civil Court limits

Human rights—freedom from torture and inhuman treatment—freedom of press and media—assault on journalists—vicarious liability of government—compensation and general damages—public apology and non-repetition guarantees

Administrative law—judicial review—political party governance—extension of office terms—internal dispute resolution—non-justiciable political questions—premature suit—necessary parties—abuse of process—costs

Judicial review – University Tribunal decision – temporary injunctions – public body decisions – procedural irregularities – balance of convenience – University and Other Tertiary Institutions Act, Section 57(2) – judicial discretion – case consolidation – injunctive relief

Res judicata – contractual dispute – tort of detinue – wrongful retention of property – fraud and misrepresentation – limitation of actions – recovery of equipment and materials – dismissal with costs

Judicial review – NSSF Select Committee Report – illegality – procedural impropriety – employment termination & prosecution directives – abuse of oversight power

Applicability of the Landlord and Tenant Act, 2022 – expiry and non-renewal of fixed-term tenancy – beneficiaries' right to protect estate – enforcement of tenancy post-lessor's death – interpretation of termination and renewal clauses – automatic termination by effluxion of time – dismissal of appeal for lack of merit – tenant’s abuse of court process.

Application to reopen case – new evidence – architectural plans – discretion of court to reopen closed cases – relevance and materiality of new evidence – exercise of due diligence – prevention of miscarriage of justice – impact on respondent’s rights – costs in the cause.

Human Rights Enforcement – right to education – tortious claims vs. constitutional redress – exhaustion of internal remedies – abuse of court process – judicial restraint in university administration – procedural compliance – dismissal with costs.

Execution of decree – limitation period – section 35 of the Civil Procedure Act – final vs. preliminary decree – pension dispute – stale claims – time-barred execution – Registrar’s orders upheld – application dismissed.

Human Rights – negligence – Article 50 enforcement – public Interest litigation – mootness doctrine – abuse of process – defective products allegations – the distinction between tort and human rights claims – the role of statutory authorities – procedural requirements – dismissal for lack of cause of action.

Human Rights Violations – Torture – Arbitrary Arrest – Incommunicado Detention – Personal Liberty – Privacy – Freedom of Expression – Exemplary Damages – General Damages – Compliance with the Constitution

Breach of contract – mistaken admission of student – negligence in advising on academic and graduation requirements – void contract due to fundamental mistake – failure to clear student for graduation – university’s duty of care – award of special, general, and exemplary damages with costs and interest.