|
Citation
|
Judgment date
|
| October 2024 |
|
|
|
7 October 2024 |
|
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.
|
4 October 2024 |
|
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.
|
4 October 2024 |
| September 2024 |
|
|
Application for judicial review of a Parliamentary committee report dismissed as premature because report had not been adopted by Parliament.
Judicial review — amenability — committee report tabled but not adopted by Parliament — no reviewable decision; joinder of parties — Order 1 r.3 CPR; Rule 7A Judicature (Judicial Review) Rules — exhaustion and public body requirement.
|
19 September 2024 |
|
The applicant’s diplomatic immunity bars the respondent’s funding claim; the plaint is struck out and the suit dismissed with costs.
Diplomatic immunity – scope and application – whether a foreign development agency’s call for proposals falls within official functions attracting immunity under the Vienna Convention and bilateral agreement. Private vs public law – invitation to treat, legitimate expectation and enforceable rights arising from proposal short‑listing. Civil procedure – strike out for frivolous, vexatious claims and abuse of process.
|
12 September 2024 |
|
A litigant cannot file an advocate’s bill for taxation; only an advocate may do so, so the taxation award was set aside.
Advocates Act and Regulations – Taxation of costs – Only advocates may file and present advocates’ bills for taxation – Litigant cannot file a professional bill – Trial court’s taxation of a self-drafted bill is material irregularity – Revision under s.83 Civil Procedure Act.
|
12 September 2024 |
|
The defendant breached the grant agreement by failing to disclose other funding; plaintiff awarded $72,980, interest and costs.
Contract law – Grant agreement – Failure to disclose alternative funding; double dipping; requirement for written variation; sanctity of contract; entitlement to refund, interest and costs.
|
12 September 2024 |
|
A board’s advertisement to fill a presidential appointee’s post was unlawful; only the President can remove such an officer.
Administrative law – judicial review – illegality, procedural impropriety and ultra vires acts; Constitutional appointments – Article 172(1)(a) – only appointing authority may remove presidential appointees; Statutory immunity – qualified; Exhaustion of remedies – doctrine inapplicable where statute provides no internal remedy; Remedies – declaration, certiorari, prohibition and costs.
|
6 September 2024 |
|
Court refuses to lift corporate veil where applicants failed to prove fraud or exhaust execution remedies.
Companies law – lifting corporate veil; section 20 Companies Act – requires fraud/tax evasion or abuse of corporate form; execution law – applicants must first exhaust available modes of execution; alter-ego doctrine reserved for cogent evidence of misuse to defeat legal obligations.
|
6 September 2024 |
|
|
6 September 2024 |
|
Appellate court upheld Medical Council’s finding that hospital was not negligent for prioritising life‑saving care over ROP screening.
Medical negligence – duty of care and informed consent – Retinopathy of Prematurity (ROP) – prioritisation of life‑saving treatment over non‑immediate interventions – standard of a reasonably competent medical practitioner – weight of expert evidence and deference to body of professional opinion.
|
6 September 2024 |
|
|
6 September 2024 |
|
Appeal allowed: suit reinstated in the interest of justice despite litigant’s lack of diligence and trial court procedural errors.
Civil Procedure – reinstatement of suit – Order 9 rule 18 CPR – sufficient cause – negligence of counsel versus litigant’s diligence. Procedural fairness – right to be heard – adjournment and leave to file written submissions. Procedural law – requirement to decide preliminary points of law before disposing on merits. Interests of justice – preference to determine disputes on merits even where delay or inattention occurred.
|
6 September 2024 |
| August 2024 |
|
|
|
30 August 2024 |
|
|
30 August 2024 |
|
|
30 August 2024 |
|
|
30 August 2024 |
|
|
30 August 2024 |
|
Driver's negligence caused injury; owner vicariously liable; insurer not liable absent third‑party privity.
Motor vehicle negligence – driver duty of care; res ipsa loquitur; breach established. Contributory negligence – must be specifically pleaded and proved; absent here. Vicarious liability – owner/employer liable for servant/driver acting in course of employment. Insurer liability – no third‑party privity established; insurer not directly liable to claimant. Damages – assessment of special and general damages; exemplary/aggravated damages not awarded; interest and costs awarded.
|
28 August 2024 |
|
A company may convene a meeting without quorum when shareholders are untraceable and business continuity is at risk.
Company law – Impracticability of convening shareholder meetings – Untraceable shareholders – Court's power to permit meetings absent quorum – Correction of shareholder register – Continuity of company operations.
|
27 August 2024 |
|
Court upholds regulator’s Circular No.7 updating bidding forms to allow supplier/distributor authorisations; applicants’ review dismissed.
Public procurement law – authority’s power to prepare, update and issue standardized bidding documents – use of circulars versus gazetted guidelines; duty to consult; legitimate expectation; administrative law – illegality, irrationality, procedural impropriety; competition and value for money.
|
23 August 2024 |
|
Applicant entitled to tax advocate-client bill; service on one executor binds both and receipts don't bar taxation.
Advocates Act s.57 – taxation of advocate-client bills – requirements for delivery, signature and 30-day lapse; presumption of bona fides once delivered. Service – delivery to one executor suffices where executors act jointly and are sued in representative capacity. Evidentiary weight of receipts – acknowledgment of payment does not by itself establish a full agreement or bar taxation; taxing master to offset amounts already paid. Costs – costs follow the event (s.27 CPA).
|
23 August 2024 |
|
Court granted injunctions to preserve disputed land status pending judicial review of title cancellation.
Land law – Temporary injunction – preservation of status quo pending judicial review – Amendment/cancellation of titles by Commissioner – alleged breach of natural justice – prima facie case, irreparable harm and balance of convenience.
|
23 August 2024 |
|
Service on one executor suffices and receipts did not rebut presumption—leave to tax advocate-client bills granted.
Advocates Act s.57 – action to recover advocate’s costs – requirements for delivery and presumption of bona fides once delivered; service on one co-executor sufficient for both; receipts insufficient to prove full payment or bar taxation; leave to tax advocate-client bills granted.
|
23 August 2024 |
|
Court found unlawful detention and torture by police, struck out late reply, and awarded UGX 50,000,000 and costs.
Torture and cruel, inhuman or degrading treatment; unlawful detention beyond 48 hours; vicarious liability of the State for police misconduct; procedural compliance for affidavits (timelines and written authority); award of general damages where special damages not proved.
|
20 August 2024 |
|
Court refused custody of entire title where applicant's pleaded claim was only for specific condominium certificates.
Civil procedure – interim custody of title deeds; Pleadings – relief must accord with pleaded case; Third-party rights – existing mortgages and numerous condominium titles; Fair hearing – court cannot grant unpleaded relief.
|
19 August 2024 |
|
Administrative law – judicial review – executive orders – salary adjustment – legitimate expectation – certiorari – mandamus
|
16 August 2024 |
|
|
12 August 2024 |
|
Applicants entitled to shares under a binding shareholders' agreement; respondents breached contract; specific performance and damages ordered.
Company law – Shareholders' Cooperation Agreement – existence and enforceability; breach of contract by directors; specific performance and appointment/removal of directors; declaration of share ownership; award of general damages.
|
12 August 2024 |
|
A staff tribunal exceeded its jurisdiction and acted irrationally by reinstating the respondent and ordering salary arrears.
Administrative law – judicial review – availability despite statutory limitation; Tribunal procedure – timelines and natural justice; Appeal time limits – statutory 14 days; Ultra vires – Tribunal usurping appointing authority; Remedies – certiorari quashing reinstatement and salary arrears.
|
12 August 2024 |
|
A judgment creditor may be joined to mental health proceedings where adjudication affects execution of an outstanding decree.
Civil procedure – Joinder of parties – Sufficient interest – Effect of mental health adjudication on execution proceedings – Multiplicity of suits – Application for joinder under Civil Procedure Rules and Judicature Act.
|
9 August 2024 |
|
Administrative law – judicial review – issuance of directives against legally established procedures – ultra vires actions by public officer – improper exercise of quasi-judicial authority – contravention of court orders – illegality – certiorari – prohibition – costs
|
2 August 2024 |
| July 2024 |
|
|
Enforcement proceedings under Section 14 do not permit re‑assessment of disability; employer must timely challenge and rebut statutory presumption.
Workers Compensation Act — Sections 3(7), 13 and 14; jurisdiction to challenge Medical Arbitration Board assessments; statutory presumption of causation in favour of worker; burden and shift of proof; evaluation and weight of expert medical evidence; enforcement of labour officer computations.
|
29 July 2024 |
|
Court refused applicants’ consequential orders because parallel High Court suits and an injunction could conflict with such relief.
Consequential orders – relief incidental to and giving effect to a principal judgment – must be consistent with existing court processes. Effect of setting aside lower court decree – restoration of status quo potentially justified but subject to intervening proceedings. Interlocutory injunctions and parallel suits – bar to granting orders that would conflict with ongoing litigation.
|
23 July 2024 |
|
|
19 July 2024 |
|
Judicial review allowed where statutory appeal forum was unavailable; registrar lawfully cancelled an erroneous land registration.
Administrative law – judicial review – amenability where statutory appeal forum is unavailable; Land law – Section 91 Land Act – registrar’s power to alter or cancel entries for erroneous registration; Procedural fairness – duty to give reasons and hold public hearings; Illegality and irrationality – limits of registrar’s jurisdiction versus matters for court.
|
19 July 2024 |
|
Appellate court upholds general damages award and allows amended memorandum where no prejudice resulted.
Civil procedure – amendment of memorandum of appeal – Order 43 r.2 CPR; Evidence – valuation report reliability; Damages – distinction between special and general damages; Appellate review – interference with quantum only where wrong principle or shockingly extreme award; Civil v criminal proceedings – criminal acquittal or rulings not determinative of civil liability.
|
17 July 2024 |
|
|
16 July 2024 |
|
Advocate’s mistake or negligence can constitute sufficient cause to set aside ex parte proceedings for an inter partes hearing.
Civil Procedure – Order 9 r.27 CPR – Setting aside ex parte decrees – "sufficient cause" – Advocate’s mistake/negligence as sufficient cause – Service and non-appearance – Right to inter partes hearing.
|
15 July 2024 |
|
|
12 July 2024 |
|
Stay of execution dismissed as incompetent and abusive due to non-compliance with conditional stay, false affidavit and contemptuous re-entry.
Civil procedure — stay of execution — competence where lower court granted conditional stay subject to security deposit; Abuse of process — deliberate falsehood on affidavit and unclean hands; Enforcement/execution — eviction, re-entry and contempt; Court will not aid parties engaged in illegal resistance to lawful execution.
|
10 July 2024 |
|
|
8 July 2024 |
|
Court quashed executive committee's ultra vires EOGA decision, ordered fresh EOGA, and found contempts with damages.
Civil procedure – consolidation of related applications – proper where same facts and issues. Judicial review – amenability – private associations with public impact or public funds may be subject to review. Administrative law – illegality – ultra vires acts where authority to convene EOGA vests in a different organ. Exhaustion of local remedies – flexible approach where internal forum is conflicted. Contempt – deliberate defiance of interim court orders attracts personal liability and damages.
|
8 July 2024 |
|
Applicants detained beyond 48 hours and not informed of right to counsel; awarded declarations, damages, interest and costs.
Constitutional law – personal liberty – Article 23 – strict 48‑hour limit for production to court; duty to inform reasons for arrest and right to counsel; alleged torture and self-incrimination not proven; remedies: declaratory relief, compensatory damages, interest and costs.
|
8 July 2024 |
|
Detention beyond 48 hours and failure to inform suspects of reasons and of right to counsel violated the applicants’ constitutional personal liberty.
Constitutional law – personal liberty – Article 23 – 48-hour rule and production to court; right to be informed of reasons for arrest; right to be informed of and to access counsel; allegations of torture and self-incrimination; remedies – declarations, damages, interest and costs.
|
8 July 2024 |
|
|
5 July 2024 |
|
Court granted temporary injunction restraining implementation of deserter declaration and disciplinary action against the applicant.
Administrative law / Police disciplinary actions – declaration of a serving officer as a deserter – interim relief to maintain status quo pending full hearing; Civil procedure – interlocutory injunction – requirements: prima facie case with probability of success, irreparable injury, balance of convenience; Human rights – right to fair hearing and protection from arbitrary administrative sanction; Ex parte procedure – respondent absence and proceeding under Civil Procedure Rules Order 9.
|
3 July 2024 |
|
A court will decline to authorize company meetings under s.142 where related litigation makes meaningful deliberation impracticable.
Companies Act, s.142 – Court’s power to order alternative conduct of company meetings where impracticable to follow articles. Company meetings – quorum, notice period and virtual meetings – suitability where members are dispersed. Civil litigation – effect of pending disputes over corporate authority on ordering membership meetings.
|
1 July 2024 |
| June 2024 |
|
|
The NGO Bureau lawfully issued a permit; internal management disputes do not invalidate the organization's registration.
NGO law – registration and permits – effect of prior registration under repealed Cap 113 and re-registration under NGO Act 2016; non-renewal of earlier certificate does not terminate existence; internal management disputes do not invalidate Bureau-issued permit.
|
28 June 2024 |
|
Respondent's failure to issue a substitute land title was unlawful; mandamus, damages and costs awarded to the applicant.
Administrative law – Judicial review – Illegality and abuse of discretion; Registration of Titles Act s.170 – duty to effect registrations and issue certificates; Mandamus to compel creation/maintenance of substitute title and duplicate certificate; Availability of damages in judicial review where breach of statutory duty established.
|
21 June 2024 |