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Citation
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Judgment date
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| October 2024 |
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Dismissal without a hearing was illegal; certiorari granted and salary arrears ordered, but reinstatement and damages denied.
Administrative law – Judicial review – amenability of police disciplinary decisions – procedural impropriety and natural justice – certiorari to quash unlawful dismissal – mandamus and requisites – entitlement to pension/gratuity under Pensions Act – damages not awarded in judicial review without separate suit.
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31 October 2024 |
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
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31 October 2024 |
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Claim for commercial rent arrears dismissed for unreliable evidence; non‑existent defendant struck out; corporate veil not pierced.
Commercial rent – proof of arrears – credibility and material contradictions in evidence; Misnomer – suit against non‑existent party struck out; Company law – lifting corporate veil – requires fraud/dishonesty or statutory grounds; Unchallenged evidence must be cogent and credible to support judgment.
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31 October 2024 |
Judicial review – NSSF Select Committee Report – illegality – procedural impropriety – employment termination & prosecution directives – abuse of oversight power
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31 October 2024 |
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Employee injured while chasing a student found contributorily negligent; employer not liable; wedding car held to be a valid gift, return or compensation ordered.
* Employment law – scope of employment – whether an employee chasing a student was acting in the course of employment and employer liability; * Negligence – contributory negligence where employee voluntarily undertakes risky conduct; * Vicarious liability vs. workers’ compensation – appropriateness for employee personal injury claims; * Gifts – requirements for valid gift: intention, delivery and acceptance; * Remedies – restitution of gifted property or alternative compensation; costs apportionment.
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31 October 2024 |
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Duplicative suit splitting a cause of action was dismissed as frivolous, vexatious and an abuse of court process.
Civil procedure – abuse of process – splitting cause of action and duplicative suits; Cause of action – requirement to show operative facts and liability; Civil Procedure Act s.6 – pendency of earlier suit; Relief – dismissal with costs where proceedings are frivolous and vexatious.
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25 October 2024 |
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.
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25 October 2024 |
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.
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25 October 2024 |
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.
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25 October 2024 |
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.
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25 October 2024 |
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.
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24 October 2024 |
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24 October 2024 |
Human Rights Violations – Torture – Arbitrary Arrest – Incommunicado Detention – Personal Liberty – Privacy – Freedom of Expression – Exemplary Damages – General Damages – Compliance with the Constitution
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23 October 2024 |
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21 October 2024 |
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A registered proprietor without possession cannot succeed in trespass where the respondent holds possession through acquired bibanja.
Land law – possession and trespass – requirement that plaintiff be in possession to maintain trespass; Land Act protections for bibanja/lawful occupants; validity of title – effect of transfer formalities and company seals; impeachment of certificate of title for alleged fraud; evidentiary assessment of long occupation and adverse possession-related interests.
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18 October 2024 |
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17 October 2024 |
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16 October 2024 |
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Stay of execution granted pending appeal where appeals were arguable, execution threatened substantial loss, and existing security sufficed.
Civil procedure – Stay of execution under Order 22 rr.23 & 26 CPR – Test for stay: non-frivolous appeal with realistic prospects, imminent execution causing substantial loss, prompt application, and security for due performance – Court may accept existing security in related proceedings.
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16 October 2024 |
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Appellant’s late appeal admitted for good cause; negligence and special damages were properly proved and judgment upheld.
Civil procedure – timeliness of appeal – section 79 CPA – appellate discretion to admit late appeals for good cause; Tort – negligence – duty, breach (blocking of water channel) and causation; Evidence – circumstantial evidence admissible to prove wrongful act; Locus in quo – court may conduct visit and proceed ex parte when served party absent; Damages – special damages must be pleaded and proved but may be established by documents and cogent oral evidence.
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15 October 2024 |
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.
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14 October 2024 |
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High Court set aside magistrate’s orders as the matter exceeded the Grade I Magistrate’s UGX20,000,000 pecuniary jurisdiction.
* Revision — High Court powers under Section 83 CPA to call for and revise magistrates’ records; * Pecuniary jurisdiction — Magistrates Grade I limited to UGX 20,000,000; * Orders appointing personal representative and granting access to bank funds involve estate value and determine jurisdiction; * Proceeding without statutory jurisdiction is a nullity; * Factual merits of capacity findings are matters for appeal, not revision.
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11 October 2024 |
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11 October 2024 |
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Court dismissed suit: seizure and disposal lawful, plaintiffs’ evidence discredited, no cause disclosed against URA.
Administrative law – seizure and disposal of goods under statutory Fisheries law; Civil procedure – plaint failing to disclose cause of action; Evidence – assessment of credibility where witness statements conflict; Customs/Transit – applicability of domestic fisheries regulations to goods detected as contraband while in transit; Abuse of process – frivolous and vexatious litigation.
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11 October 2024 |
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KCCA officers immune under statute; failure to include demarcated parishes in PDM not proved to be contempt.
* Administrative law – statutory immunity – section 81 KCCA Act shields staff and persons acting under Authority from personal civil liability for acts done in good faith.
* Contempt of court – elements: existence of clear lawful order, notice, ability to comply, and failure to comply; burden shifts on willfulness/mala fides once order, service and non‑compliance shown.
* Separation of functions – creation of administrative units and PDM allocation implementation lie with Minister/Ministry of Local Government, limiting KCCA officers’ mandate.
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11 October 2024 |
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Transfers made during a romantic relationship were not proven as investments or trust property; claim dismissed and each party bears own costs.
* Trusts – resulting and constructive trusts – requirement of specific property and clear intention to create trust; equity will not infer constructive trust absent sufficient evidence
* Contract – oral agreements for significant sums require proof of terms and consideration; caution against converting personal/romantic conduct into commercial obligations
* Gifts versus investments – transfers in intimate relationships may be deemed gifts absent clear contrary evidence
* Mobile money transfers – evidentiary weight and need for corroboration
* Costs – court exercised discretion to order each party to bear own costs given circumstances
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11 October 2024 |
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7 October 2024 |
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Appellant declared winner after rival’s nomination invalidated for false oath and campaign bursaries deemed illegal inducement.
* Election law – nomination – Form EC7 – false statements under oath – invalid nomination and disqualification.
* Election law – illegal practices – inducement/bribery – use of bursary scheme during campaign.
* Civil procedure – court’s discretion to admit late filings/security for costs – waiver and miscarriage of justice.
* Trial procedure – framing of issues – duty to afford parties opportunity to address issues; abandoned affidavits not evidence.
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4 October 2024 |
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Failure to conduct and document required detailed bid evaluation renders awards and contracts unlawful.
* Public Procurement – Evaluation procedures – Mandatory sequential stages (preliminary, detailed, financial) – requirement for Form 14 evaluation report and annexed minutes. * Administrative law – Appeal from PPDA Tribunal – scope limited to questions of law but includes misapplication of law to facts. * Remedies – setting aside awards and contracts where mandatory evaluation documentation is absent; refund of fees with interest and costs.
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4 October 2024 |