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Citation
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Judgment date
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| May 2024 |
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Challenge under Markets Act 2023 dismissed as premature because of the Act’s three‑year transitional period.
Markets Act 2023 – transitional provision (section 37(b)) – three‑year grace period for existing market arrangements; Judicial review – amenability – public body (KCCA) – actions and omissions as reviewable decisions; Legitimate expectation – ministerial/presidential directives cannot override statutory transitional provisions; Prematurity – enforcement of new regulatory regime against existing contractual arrangements.
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31 May 2024 |
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31 May 2024 |
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31 May 2024 |
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High Court found the applicant an employee, partial arrears proven; awarded UGX10m, general damages, interest and costs.
* Constitutional & civil procedure – High Court’s unlimited original jurisdiction – labour statutes do not by implication oust High Court jurisdiction. * Employment law – contract of service vs contract for services – application of control, integration and multiple tests. * Evidence – parol evidence rule and admissibility of a written acknowledgment as full and final settlement. * Remedies – partial recovery of arrears, general damages, interest and costs.
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23 May 2024 |
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The court granted an interim order to prevent impounding of vehicles pending a substantive injunction application.
Civil procedure – Interim orders – Temporary injunctions – Preservation of status quo – Serious threat to applicant's interests – Impounding of property pending suit.
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23 May 2024 |
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23 May 2024 |
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Whether the Registrar lawfully cancelled a certificate of title for registration error and whether judicial review was appropriate.
* Administrative law – judicial review – scope limited to decision-making process; not an appeal on merits.
* Land law – Registrar’s powers under section 91 Land Act – rectification/cancellation for registration errors, endorsement or alteration of register.
* Procedural fairness – public hearings, service and opportunity to be heard satisfy requirements of natural justice.
* Exhaustion of remedies – discretionary rule; judicial review permissible where alternative remedy is ineffective or challenge targets procedure.
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21 May 2024 |
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Interim injunction granted to restrain disciplinary proceedings and preserve right to be heard pending judicial review.
Administrative law – interim injunction to preserve status quo pending judicial review; interdiction and disciplinary proceedings; requirement of pending substantive application and risk of execution; evidential burden on respondent’s averments.
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17 May 2024 |
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Mandatory injunction refused—applicants failed to show exceptional circumstances; public interest and third‑party prejudice outweighed relief.
Mandatory injunctions – extraordinary remedy; interlocutory mandatory relief requires special and exceptional circumstances; triable issues alone insufficient; public bodies – restraint only where clear unlawfulness; public interest and third‑party prejudice relevant; regulatory circulars operative until quashed.
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17 May 2024 |
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Judicial review and interim relief not available to enforce private loan; improper parties sued and application dismissed with costs.
Administrative law – judicial review – availability only for public law breaches, not private contractual disputes; Interlocutory injunction – requirements: prima facie case, irreparable harm, balance of convenience; Proper defendant in public body litigation – statutory corporation v office-holders; Public finance – disbursement tagging and beneficiary verification under financial procedures.
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17 May 2024 |
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Court found respondent vicariously liable for its driver's negligent overtaking and awarded special and general damages to the applicants.
* Motor vehicle accident – negligent overtaking – driver found to have invaded oncoming lane causing head-on collision.
* Vicarious liability – employer liable for torts of employee committed in course of employment.
* Damages – assessment of special damages (vehicle loss, repairs, towing, lost goods), proof of valuation, estimation of loss of dependency where salary evidence lacking; award of general damages and costs.
* Evidentiary issues – reliance on police report, sketch plan, vehicle inspection, valuation report and documentary proof of goods and dependants.
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17 May 2024 |
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Court granted conditional stay of execution pending appeal, ordering UGX 500,000,000 security deposit.
Civil procedure – Stay of execution pending appeal – Requirements: pending appeal, non-frivolous/likelihood of success, imminent execution threat, substantial loss, no unreasonable delay, and security for due performance – Conditional stay ordered with security deposit (UGX 500,000,000).
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17 May 2024 |
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Court granted interim injunction stopping removal and pausing tribunal pending judicial review.
Administrative law – Judicial review – Interim injunction to preserve status quo pending review; natural justice – right to be heard; ultra vires and abuse of power; balance of convenience and irreparable harm.
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17 May 2024 |
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Court granted interim injunction restraining enforcement of environmental orders pending judicial review, while protecting the wetland.
Judicial review — interim relief — temporary injunction to preserve status quo pending determination; balance of convenience; public interest in environmental protection; prima facie case and irreparable harm; statutory powers of environmental regulator; duty to avoid rendering main cause nugatory.
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17 May 2024 |
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Mandatory interlocutory injunction to restore revoked withholding tax exemption denied for lack of status quo and exceptional circumstances.
Interlocutory mandatory injunction; status quo at time of filing; exceptional nature of mandatory relief; public authority discretion and statutory powers; legitimate expectation; clean hands and equitable relief; tax exemption revocation; preservation of public interest.
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17 May 2024 |
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Temporary injunction refused where applicant showed triable issues but failed to prove imminent enforcement or irreparable harm.
Administrative law – judicial review – temporary injunction – requirement of prima facie case, irreparable harm and balance of convenience; Section 34 KCCA Act – council veto of Division decisions; preservation of status quo; public interest considerations.
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17 May 2024 |
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Applicant’s judicial review of convocation AGM procedures dismissed for lack of merit; respondents awarded costs.
Administrative law – Judicial review – Amenability of decisions of a university convocation/board to public‑law review; time limits for judicial review; procedural impropriety, illegality and irrationality as grounds for certiorari and mandamus; authority to convene meetings under constitutional instruments; adequacy of notice and members’ roll in elections.
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15 May 2024 |
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The court held that only the Judicial Service Commission may handle complaints about judges, not the Law Society or its meetings.
Judicial review – Mandate of professional bodies – Powers of Law Society to inquire or discuss judicial conduct – Exclusivity of Judicial Service Commission in handling complaints against judicial officers – Powers of prohibition and injunction – Procedural fairness in decision-making.
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9 May 2024 |
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The respondent acted ultra vires and procedurally improperly by convening an EGM to discuss a judge, warranting prohibition and injunction.
Judicial review – Amenability and exhaustion of remedies; Ultra vires conduct – professional association discussing judicial conduct; Article 147 JSC mandate to handle complaints against judges; Procedural impropriety – failure to notify affected council member; Remedies – prohibition and permanent injunction.
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9 May 2024 |
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Statutory demand set aside where applicant substantially disputed the debt, asserted a counterclaim, and insolvency was unproven.
* Insolvency Act 2011 s.5(4) – statutory demand – grounds to set aside: substantial dispute, counterclaim/set-off, other fit grounds
* Commercial disputes – reconciliation of accrued hire charges – requirement that debt be ascertained and unequivocal
* Insolvency procedure – protection against use of liquidation process as debt collection tool
* Counterclaims and offsets – civil suit required to investigate and determine cross-demands
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3 May 2024 |
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Caveat lapsed lawfully; applicant failed to prove beneficiary interest and reliefs dismissed with costs.
Administrative law – Judicial review – legality, rationality and procedural propriety; Land law – caveats – beneficiary caveat v ordinary caveat; Registration of Titles Act s139, s140(2) – lapsing of caveat; Bona fide purchaser for value without notice; Justiciability of Registrar’s exercises of statutory powers.
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2 May 2024 |
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A consent variation of a decretal award cannot be set aside absent vitiating factors; champertous fee-sharing agreements are unenforceable.
Civil procedure – Consent judgments – binding nature of consent orders; grounds for setting aside: fraud, illegality, mistake or misapprehension of material facts; champerty and maintenance – agreements to share decretal proceeds unlawful; Inspectorate of Government jurisdiction over alleged mismanagement of public funds.
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2 May 2024 |