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Citation
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Judgment date
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| April 2024 |
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Court allowed taxation of advocate–client bill, held client (not consultant) liable, and directed taxation under paragraph 9(1).
Advocates — instruction and retainer — advocate–client bill of costs — leave to tax under s.57 Advocates Act — taxation in contentious procurement proceedings — agency and disclosed principal — consultants not personally liable — applicable scale: paragraph 9(1) of 6th Schedule to Advocates (Remuneration and Taxation of Costs) Rules (Amendment) 2018.
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29 April 2024 |
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Statutory demand validly served; debt from consent judgment undisputed, company insolvent and ordered wound up.
Insolvency — statutory demand — valid service at registered office — effect of service on company via receptionist; Insolvency — extension of time to set aside statutory demand — out of time; Company law — winding-up petition — not an abuse of process where statutory demand not complied with and debt undisputed; Civil procedure — procedural defects in affidavits — curable inadvertence; Consent judgments — binding and estoppel against disputing agreed debt.
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27 April 2024 |
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The applicant's amendment was allowed; the registrar wrongly refused leave and the High Court has jurisdiction under Sections 291/292.
* Companies Act – Appeals – Interpretation of Sections 291 and 292 – High Court jurisdiction to review or hear appeals from registrar decisions not limited to rectification of register. * Civil Procedure – Amendment of pleadings – Order 6 r.19 CPR – Amendment allowed where it aids determination of real issues, does not introduce a distinct new cause of action or cause irremediable prejudice. * Arbitration – Concurrent arbitral proceedings do not automatically bar registrar or court from hearing matters within registrar’s statutory jurisdiction.
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25 April 2024 |
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Challenge to JSC shortlisting and alleged bias dismissed for lack of evidence; no constitutional breach found.
Judicial appointments — shortlisting and interviews — alleged denial of fair hearing and discrimination; adverse professional reports; presumption of innocence; bias/apprehension of bias; ex officio attendance of Attorney General; claim of victimisation — dismissed for lack of evidence.
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24 April 2024 |
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An uncertified photocopy of an EC Form 10 is insufficient to overturn an election nullification.
Election law — admissibility of electoral returns — EC Form 10 is a public document requiring original or certified copy when authenticity contested; photocopy insufficient. Appellate review — duty to re-evaluate evidence. Burden of proof — petitioner must prove non-compliance affected result. Effect of subsequent statutory renewal on court-ordered rerun.
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23 April 2024 |
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Minister lawfully exercised discretion to reject Board recommendation; judicial review dismissed.
Administrative law – judicial review – standing; NSSF Act s.39 – Ministerial discretion versus Board recommendation; legitimate expectation and procedural fairness; allegation of bias; lawfulness of subsequent appointment; judicial restraint in review of administrative discretion.
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19 April 2024 |
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University management’s emergency suspension of guild activities and constitution‑review measures were lawful; application dismissed with costs.
* Administrative law – judicial review – amenability where public university officials exercise administrative powers; illegality, irrationality and procedural impropriety as grounds for review.
* University governance – scope of Council and senior officers’ powers to suspend student activities and set up committees in emergencies.
* Students’ rights – validity of constitution review process and suspension of students engaging in banned guild activities.
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19 April 2024 |
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Electoral Commission’s failure to follow statutory disability-determination and fair‑hearing procedures invalidated the disqualification; fresh election ordered.
Electoral law – candidate and locus under Section 138(3)(a) of the Local Governments Act; Persons with Disabilities Act – requirement for medical/expert examination to determine disability; administrative law – fair hearing and procedural compliance by Electoral Commission; remedy – setting aside election and ordering fresh poll.
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19 April 2024 |
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Amendment allowed to add co-defendant where the contracting party’s identity and legal personality were uncertain.
Civil procedure – Amendment of pleadings – Joinder of parties – Order 1 r.10(2) CPR; corporate personality and trade name; suing wrong party; requirement to avoid multiplicity of suits; necessity that proposed party has interest or will be bound by orders.
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12 April 2024 |
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Omission to attach next-friend written authority is a curable formality; the applicants' suit may proceed.
* Civil procedure – Order 32 CPR – suits by minors – requirement for written authority of next friend to be presented with the plaint; * Procedural compliance – failure to attach authority as matter of form – curable under Article 126(2)(e) of the Constitution; * Distinction from Kampala City Council & 2 Others v Nantume Shamirah where minor filed personally.
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12 April 2024 |
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An employer breached its duty of care; the applicant awarded general damages for workplace amputation.
* Tort – Negligence – Employer’s duty of care to employee – duty to provide safe systems of work and guarding of machinery. * Evidence – credibility and relevance of documentary/video evidence; failure to plead contributory negligence limits defence. * Res ipsa loquitur – unnecessary where plaintiff proves breach on balance of probabilities. * Damages – assessment of general damages for permanent injury; exemplary damages refused; interest and costs awarded.
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11 April 2024 |
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Statutory demand set aside where verification omitted, arbitration clause unexhausted, and dispute over title made insolvency proceedings inappropriate.
Insolvency Act — statutory demand — requirement for statutory declaration; Arbitration and Conciliation Act — arbitration clause enforceable before insolvency steps; Electronic filing — ECCMIS validation suffices for authentication; Insolvency law — insolvency proceedings not a tool for single‑creditor debt collection; Cause of action — professional adviser not liable where only acting for creditor.
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8 April 2024 |
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Statutory demand set aside where verification absent, arbitration clause not exhausted, and dispute over title and payments existed.
* Insolvency law – statutory demand – requirement for verification by statutory declaration – mandatory compliance under section 4(2)(c).
* Civil procedure – electronic filing – ECCMIS authentication sufficient despite absence of traditional signature/seal.
* Arbitration – contractual arbitration clause – arbitration required before pursuing remedies; premature statutory demand.
* Cause of action – liability of attorneys – when a legal service provider is not a proper party to a claim.
* Insolvency policy – insolvency proceedings not to be used as single‑creditor debt‑collection device.
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8 April 2024 |
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Applicant failed to prove managerial status; disciplinary committee had jurisdiction and judicial review claim dismissed.
* Administrative law – judicial review – amenability where public body exercises disciplinary powers; * Employment law – jurisdiction of disciplinary bodies; * Illegality – burden to prove appointment/promotion; * Procedural fairness – requirement to produce appointment documentation under HR manual.
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8 April 2024 |
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Applicant demonstrated a bona fide triable issue because the sale agreement concerned land already in dispute, so summary judgment was inappropriate.
* Civil Procedure – Order 36 r.2 – summary procedure – leave to appear and defend – requirement to show bona fide triable issue, not likelihood of success. * Contract/land law – sale agreement and overlapping litigation – where agreement concerns land subject to pending suit, a triable issue arises. * Summary judgment – illegality/fraud allegations may render summary procedure inappropriate.
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8 April 2024 |
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Borrower’s default affirmed; sale irregularities did not extinguish debt; damages awards were excessive and set aside.
Contract law – loan default and enforcement of security; Chattels Transfer and public auction requirements; Effect of procedural irregularity on enforcement—irregular sale does not extinguish debt absent fraud or proven loss; Mesne profits not applicable to chattels and cannot be awarded without pleading/particulars; Excessive general and punitive damages upset on appeal; Territorial jurisdiction raised but trial court retained competence.
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4 April 2024 |
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A subsequent suit over the same disputed land was barred by lis pendens and struck out with costs.
* Civil procedure – lis pendens – Section 6 Civil Procedure Act – subsequent suit barred where same subject matter and parties are already pending in another competent court (land dispute). * Remedies – monetary compensation contingent on establishing ownership/possession in prior land proceedings – appropriate remedy is defence and counterclaim in prior suit. * Striking out – later suit struck out with costs where lis pendens established.
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2 April 2024 |