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Citation
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Judgment date
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| 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 |
| March 2024 |
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Consent judgments may be reviewed for error apparent on the record to include verifiable omitted beneficiaries, but non‑parties cannot be added.
Civil procedure – Review of consent judgment – Consent decrees amenable to review for mistake, illegality or ignorance of material facts – Order 46 CPR and Section 82 CPA – Verification of claimant entitlement required before inclusion – Non‑parties cannot be added by review.
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28 March 2024 |
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A genuine factual dispute over whether the alleged loan was paid created triable issues; unconditional leave to defend was granted.
Civil procedure – summary suit – Order 36 r.4 – leave to appear and defend – bona fide triable issue; Affidavits – commissioning – virtual appearance valid under ICT practice directions; Evidence – dispute over payment; parole evidence rule and admissibility of oral evidence to impeach written agreement.
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28 March 2024 |
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Applicant's amicus application dismissed for lack of impartiality and absence of novel legal contribution.
Amicus curiae — discretionary admission; requirements: neutrality and impartiality; must offer specialised expertise or novel legal points that assist the court; should not introduce new evidence; intervention must serve public justice.
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25 March 2024 |
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Cheque issued as security may be recalled; no landlord–tenant relationship established, appeal dismissed with costs.
Bills of exchange/cheques – conditional vs unconditional payments – issuance of a cheque as security; landlord–tenant relationship – proof of tenancy and subletting; recall/cancellation of cheque where no value or condition communicated to bank; appellate review – re-evaluation of evidence and witness demeanour.
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15 March 2024 |
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Mandamus denied because a Court of Appeal stay and disputed representation prevent enforcement of the taxed costs.
Administrative law – Mandamus – requisites: clear right, corresponding duty, omission, and lack of adequate alternative remedy. Civil procedure – Effect of appellate proceedings – subsisting stay of execution from Court of Appeal bars enforcement of orders in lower court. Costs – enforcement of taxed bill of costs under Certificate of Order – entitlements contested where representation/instructions disputed. Locus standi & propriety – bringing enforcement in the names of judgment creditors; opposing deponents’ interest to resist execution.
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15 March 2024 |
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An informer must prove a causal nexus between provided information and recovered tax to claim the 10% reward.
Tax law – informer rewards – s.8 Finance Act 2014 – entitlement to 10% contingent on information leading to recovery Requirement of direct evidence of causal nexus between information supplied and tax recovered Burden of proof on claimant informer; risk of awarding rewards for routine or independently-initiated recoveries Reliance on precedents requiring strict proof (Matagala; KB Serial)
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13 March 2024 |
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Applicant unlawfully detained and tortured in ISO safe houses; court awarded compensatory and exemplary damages, interest and costs.
Constitutional law — unlawful arrest and detention in non‑gazetted safe houses — torture, cruel, inhuman or degrading treatment — Prevention and Prohibition of Torture Act — vicarious and personal liability of the State and its agents — award of general and exemplary damages, interest and costs.
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13 March 2024 |
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Court issued mandamus directing treasury to pay approved pension arrears, interest and costs; denied two‑counsel certificate.
Judgment enforcement – consequential orders and mandamus – enforcement of computed pension arrears following prior court determinations; requirement of prior demand and clear legal right; refusal of certificate for two counsel where necessity not shown.
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12 March 2024 |
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Court dismissed company petition as incompetent due to an enforceable settlement, finding Companies Act relief not time‑barred.
Companies Act – minority/member protection and remedies; Limitation Act not applicable to company petitions; settlement, approbation and reprobation/estoppel; enforcement of settlement; competence of petition where prior settlement exists.
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11 March 2024 |
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Applicant failed to show real risk of respondents absconding; security under s64/Order 40 refused.
Attachment before judgment; security for appearance under section 64 CPA and Order 40 CPR; requirement of real evidence of intention to abscond or dispose of assets; effect of pending criminal proceedings and retention of travel documents on restraint of movement.
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11 March 2024 |
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A procuring entity may lawfully cancel procurement before award; a tribunal cannot force continuation and costs are discretionary.
Public procurement — Cancellation of procurement under section 75(1) PPDA Amendment Act 2021 — Tribunal review powers under sections 91I and 91K — Freedom of contract prevents compelling continuation of procurement — Costs discretionary.
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4 March 2024 |
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Application alleging police officers’ right to decent housing breached dismissed for insufficient evidence; State’s progressive measures deemed reasonable.
Socio-economic rights – access to adequate housing – justiciability and progressive realisation; minimum core content and reasonableness standard; available-resources doctrine; State obligations to respect, protect, promote and fulfil housing rights; burden of adducing specific, verifiable evidence; interpretation of police standing orders in context of resource constraints.
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1 March 2024 |
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Applicant failed to prove the state unreasonably breached police officers' right to decent housing; application dismissed.
Human rights – Socio-economic rights – Right to adequate housing – Justiciability; Minimum core content and progressive realisation; Reasonableness standard; State obligations to respect, protect, promote and fulfil; Police standing orders and available-resources doctrine; Evidential burden for public-interest socio-economic claims.
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1 March 2024 |
| February 2024 |
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Court set aside dismissal and reinstated the applicant's suit, finding sufficient cause from counsel's inadvertence and lack of notified hearing.
Civil procedure – Setting aside dismissal of suit – Order 9 rule 18 CPR (dismissal under rule 17) – requirements for sufficient cause: honest intention to attend, due diligence, prima facie merit. Procedural fairness – notification of hearing – absence of evidence of notice may justify benefit of doubt. Advocate negligence – where counsel’s lapse occurs, innocent litigant may not be penalised. Remedy – reinstatement via court order, ECCMIS filing and new file number; costs in the cause.
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27 February 2024 |
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A thalidomide-based personal-injury claim was dismissed as time-barred; ignorance is not a Limitation Act disability.
Limitation law – actions for personal injuries – three-year limitation under section 3(1) of the Limitation Act applies to negligence/product‑liability claims. Disability exceptions – section 21 and section 1(3): disability limited to infancy and unsoundness of mind; ignorance or lack of medical proof is not a statutory disability. Pleading requirements – when suing after limitation period, grounds of exemption must be pleaded in the plaint (Order 7 rule 6). Procedural consequence – time limitation is a complete bar; late claims are a nullity; costs awarded under Section 27 CPA.
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26 February 2024 |
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Court dismissed enforcement of tribunal appointment, finding respondent’s non-compliance justified and not mala fide.
Administrative/judicial review — enforcement of university staff tribunal orders — mandamus — contempt: elements (existence of order, notice, non-compliance, willfulness/mala fides) — time limits and exhaustion of remedies — public finance constraints (vacancy, wage clearance, PFMA) may justify non-implementation.
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23 February 2024 |
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Leave to appeal denied where the High Court properly exercised discretion to validate a two-day-late defence.
Civil procedure – Leave to appeal (Order 44(1)(2)) – Extension of time (Order 51 r.6) – Exercise of judicial discretion – Inherent powers of court – No prima facie grounds shown for appeal.
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22 February 2024 |
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Court ordered transfer of deceased single-member company shares to estate administrators under inherent jurisdiction and succession law.
Companies law – Single-member company – Transmission of shares on death; Companies Act s.87(1); Company (Single Member) Regulations SI No.72 of 2016; nominee director absent. Succession – Shares as part of estate – Succession Act s.192 – administrators entitled to estate assets. Civil procedure – Inherent jurisdiction and equitable relief – Judicature Act s.33; Civil Procedure Act s.98 – court may grant guidance where registrar cannot act.
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21 February 2024 |
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Administrator added as director and permitted to hold single-member meeting to resolve company deadlock.
Companies Law – Court power under s.142 to order and regulate company meetings where impracticable to convene normally; Table A Regulation 100 – continuing directors’ power to restore quorum; Administrator’s interest – appointment as director and permission to hold single-member meeting to resolve deadlock.
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21 February 2024 |
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A distress certificate was properly granted; the applicant's leave-to-appear application was incompetent and the appeal dismissed.
Civil procedure – Appeal – Grounds of appeal must be concise and specify particular errors – Order 43 r.1(2) CPR. Civil procedure – Summary suit procedure (Order 36 CPR) distinguished from applications under Distress for Rent Act; leave to appear and defend not available where no summary suit. Landlord and tenant – Distress for rent – prerequisites for certificate: landlord–tenant relationship, tenant in arrears, and a certain/specified amount. Abuse of process – Incompetent or unnecessary applications may be struck out and cannot form basis for appeal.
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20 February 2024 |
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A preliminary objection cannot decide disputed factual issues about contract avoidance; the plaint here disclosed a cause of action.
Civil procedure – Preliminary objection – parameters under Mukisa; objection must be a pure point of law arising from pleadings. Pleadings – Cause of action – requirement that plaint show a right, violation and defendant’s responsibility. Insurance law – s.34 Insurance Act – voidable policies for unpaid premiums; avoidance requires factual and contractual inquiry. Evidence – issues of ratification or avoidance of contract cannot be resolved on pleadings alone and require trial.
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19 February 2024 |
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Locking leased premises without contractual notice was wrongful termination; tenant awarded special and general damages, interest and costs.
Tenancy law – existence and renewal of tenancy; wrongful self-help lockout by landlord; proof of special damages; counterclaim for rent arrears must be strictly proved; interest and costs awarded where landlord breaches contract.
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14 February 2024 |
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Deportation restrained pending judicial review where prima facie case, irreparable harm and balance of convenience supported injunction.
Immigration law – Judicial review – Interlocutory injunction – preservation of status quo – prima facie case and probability of success – irreparable harm and balance of convenience – deportation restrained pending determination.
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13 February 2024 |
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Temporary Injunction—supervisory powers of the High Court—Extraordinary General Meeting—illegality allegations—prima facie case—judicial discretion—equitable remedy—balance of convenience—irreparable damage
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5 February 2024 |
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Council's nomination of society representatives breached the Act and Regulations but did not violate the applicant's freedom of expression.
• Administrative law – delegated legislation – validity of regulations made under parent Act – Regulations 2016 intra vires ULS Act. • Company/association law – elective offices – "Society representative" held to be elective under Elections Regulations. • Statutory compliance – Council’s nomination/appointment in breach of statutory/regulatory election procedure. • Constitutional law – freedom of expression distinguished from civic/voting rights; breach of procedural election rules did not amount to infringement of freedom of expression on given facts. • Remedies – injunction to prevent further breaches; no declaratory relief on rights infringement; costs each party.
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2 February 2024 |
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1 February 2024 |
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Municipal levies on already‑licensed broadcasters were ultra vires; applicants entitled to refund of illegally collected licence fees.
Trade licensing – Municipal authority’s power to levy trade licences – Statutory instrument (SI No.2 of 2017) – Ultra vires and double taxation – Originating summons as procedure – Representative capacity of incorporated association – Restitution/refund of illegally collected levies.
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1 February 2024 |
| January 2024 |
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Appellant failed to establish bona fide triable issues; written sale agreement prevails and summary judgment is enforceable.
Civil procedure – summary suit – Order 36 r.4 CPR – unconditional leave to appear and defend; Evidence – parol evidence rule; documentary evidence prevails absent exception; necessity of pleading and adducing evidence to establish forgery or bona fide triable issues.
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31 January 2024 |
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Appellate court dismisses bank’s appeal: trial rightly weighed expert evidence, applied fiduciary duty and upheld damages.
Banking law – bank–customer relationship – fiduciary duty to exercise utmost good faith and due diligence; negligence may ground liability even if not expressly pleaded. Evidence – expert opinion – expert reports are not binding; courts may adopt or reject expert hypotheses and must test such evidence against other material. Evidence – verification correspondence and forensic reports – unsigned or untested documents that are not sworn or explained at trial have limited probative value. Standard of proof – allegations of fraud in civil proceedings require a higher standard than ordinary balance of probabilities. Civil appeal – appellate court re-evaluates evidence but will not disturb discretionary awards of damages absent misdirection.
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29 January 2024 |
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Court allowed out-of-time service due to counsel’s mistake but penalised the applicant with costs for dilatory conduct.
Civil procedure — Extension of time — Mistake of counsel — Whether negligence of former counsel can constitute sufficient cause to extend time to serve a memorandum of appeal. Civil procedure — Delay and diligence — Dilatory conduct assessed by presence or absence of follow-up evidence by litigant. Interest of justice — Preference to decide disputes on merits balanced against counsel’s lapses and party diligence — costs consequences.
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29 January 2024 |
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SIEMS procurement was part of the appellant’s Section 4 functions and exempt from PPDA regulation; tribunal and Authority orders set aside.
Public procurement – exemption of central banking functions – whether cybersecurity/ SIEM procurement falls under statutory Section 4 functions – accreditation of alternative procurement manuals – limits of regulator’s jurisdiction and advisory power – procedural fairness where tribunal decides matters not ventilated at hearing.
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25 January 2024 |
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Court finds bailiff’s execution unlawful, holds bailiff liable, awards compensation, punitive damages, interest, arrest and costs.
Execution law – wrongful/over-attachment by court bailiff – failure to follow Judicature (Court Bailiffs) Rules (no inventory/return) – bailiff’s qualified immunity lost where action unlawful – decree holder not vicariously liable absent collusion – remedies: compensation, punitive damages, interest, arrest/prosecution, costs.
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25 January 2024 |
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Failure to prove generation of contractual "new business" defeats commission, fraud and unjust enrichment claims.
Employment law – commission on "new business" – construction of contract terms and 12‑month recognition period – burden of proof and requirement for contemporaneous documentary evidence; Tort – deceit/fraudulent misrepresentation – requirement of false representation inducing contract; Restitution – unjust enrichment – must show enrichment at claimant’s expense.
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25 January 2024 |
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Arbitral award set aside because chair appointment varied a public contract without required Solicitor General approval, vitiating jurisdiction.
Arbitration – tribunal composition – where parties alter arbitration clause of a public contract without Solicitor General approval, the resultant tribunal may be improperly constituted and its award set aside (s.34(2)(a)(v) Arbitration and Conciliation Act). Public contracts – requirement for Attorney General/Solicitor General clearance – variation of contract terms affecting appointment procedures requires approval. Procedure – non-objection during arbitration does not validate an unlawfully constituted tribunal.
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25 January 2024 |
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Cancellation of a registered title during a pending ownership suit and interim injunction is illegal and can be quashed.
Administrative law – Judicial review – Amenability of decisions by land registration officials to judicial review for illegality, irrationality or procedural impropriety; Land law – Cancellation of certificate of title – Section 91 Land Act – limits on cancellation where ownership dispute and interim court orders are pending; Remedies – Certiorari to quash unlawful cancellation and mandamus to compel reinstatement; refusal of general damages pending parallel proceedings.
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24 January 2024 |
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High Court stayed mandamus proceedings to avoid multiplicity and await resolution of related Supreme Court payment disputes.
Civil Procedure Act s.6 – stay where matter directly and substantially in issue in previously instituted proceeding; inherent jurisdiction s.98 – ends of justice/abuse of process; Judicature Act s.33 – avoid multiplicity of proceedings; mandamus for payment of decretal sums; locus and overlap of representative appeals in different courts.
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23 January 2024 |
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Appellate court held that an authorization to sell a vehicle could be used to offset debt and corrected the outstanding balance to UGX 6,800,000/=.
Contract law – sale of motor vehicle – interpretation of ambiguous authorization to sell (DEX4) – custody versus sale; Vehicle ownership evidence – sale permissible despite lack of registration where possession and acquisition proof exist; Calculation of outstanding debt – arithmetic correction from UGX 5,300,000/= to UGX 6,800,000/=; Costs – discretion exercised wrongly, costs follow the event.
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23 January 2024 |
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Applicants lacked standing for judicial review; public-interest advocacy alone does not establish direct or sufficient interest.
Judicial review — locus standi — Rule 3A requires direct or sufficient objective interest; public-interest advocacy or mere concern with legality is insufficient to confer standing; public interest litigation permitted only where public right or distinct personal interest is shown.
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22 January 2024 |
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Court finds malicious prosecution proved but torture not established; awards general and exemplary damages, interest and costs.
Malicious prosecution – elements: institution by state, favourable termination, lack of reasonable and probable cause, malice; Torture claim – requirement for corroborative medical/expert evidence to prove severe pain or suffering; Quantum – award of general and exemplary damages and high post-judgment interest; Costs awarded to successful plaintiffs.
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19 January 2024 |
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Group human-rights claim succeeds: unlawful eviction without court order or compensation violated property, livelihood, housing and cultural rights.
Human rights enforcement — representative/group actions permitted under Article 50(2), Human Rights Enforcement Act and Enforcement Rules; bona fide occupant status — long possession can establish lawful occupation; unlawful eviction — eviction without court order or prompt adequate compensation violates rights to property, fair administrative action, livelihood, housing and culture; remedies — special and general damages awarded, exemplary/aggravated damages refused; interest and costs ordered.
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19 January 2024 |
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Using inaccessible court buildings violates persons with disabilities' rights to equality and the applicant's right to practice his profession.
Constitutional law – accessibility – duty of State and institutions to make public facilities, including courts, accessible to persons with disabilities. Human rights – equality and non‑discrimination – failure to provide accessibility violates Articles 21 and 35(1) of the Constitution. Right to profession – inaccessible court premises infringe the right to practice a profession. Remedies – declarations and orders for progressive realization; public‑interest litigation; no award of damages or costs.
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18 January 2024 |
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Court set aside default judgment: counsel’s defective affidavit commissioning can constitute good cause to grant leave to defend.
Order 36 r.11 CPR – setting aside default judgment; mistake of counsel – consequences of advocate’s defective commissioning of affidavit; struck-out application as nullity – not an inter partes merits determination; good cause – existence of bona fide triable issues warranting leave to defend.
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18 January 2024 |
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Police negligence in random firing establishes State vicarious liability and plaintiffs’ entitlement to damages.
Limitation law – disability exemption and substantive-justice discretion to entertain time-barred claims. Tort – negligence – duty of care, breach, foreseeability and causation in police use of firearms. Vicarious liability – State liability for torts committed by police officers acting in the course of employment. Damages – distinction between special, general and exemplary/aggravated damages; assessment and interest.
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17 January 2024 |
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Judicial review dismissed: Electoral Commission lawfully refused reservation of proposed party name and symbols; no illegality, irrationality or procedural unfairness shown.
Administrative law – judicial review – scope limited to legality, rationality and procedural propriety – not a merits appeal; Political Parties law – sections 7 and 8 of the Political Parties & Other Organisations Act – prohibition on names, symbols, slogans or colours identical or closely resembling those of registered parties or the Republic; Procedural fairness – requirements of audi alteram partem and absence of bias; Remedies – certiorari/mandamus not granted where no illegality, irrationality or procedural impropriety established.
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16 January 2024 |
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State’s failure to legislate on private hospital pricing violates and threatens patients’ right to health; legislation ordered within two years.
Constitutional and statutory duty – State obligation to protect right to health – regulation of private health facility levies and pricing. Public interest standing – organisations may enforce others’ human rights under Article 50 and Human Rights (Enforcement) Act. Mootness – prior mandamus on COVID‑19 fees limits relief; broader regulatory claims remain live. Evidence – newspaper hearsay inadmissible for truth; court accepted direct affidavits and took judicial notice of escalating private healthcare costs. Remedies – declaration of violation, stakeholder consultation, and legislative mandate within two years to regulate pricing, prohibit detention over unpaid bills, and prescribe penalties.
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16 January 2024 |
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Court allowed a sole surviving shareholder/director to hold a single‑member company meeting under section 142 to break a quorum deadlock.
Companies Act s.142 – Court‑ordered meetings where articles’ quorum requirements make meetings impracticable; sole surviving shareholder/director seeking single‑member meeting; relief to overcome deadlock of company affairs.
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16 January 2024 |
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Failure to exhaust statutory electoral remedies rendered the judicial review application premature and it was struck out.
Administrative law – Judicial review – Requirement to exhaust statutory/internal remedies under Electoral Commission Act s.15 and Article 61(f) – Prematurity and incompetence of judicial review where alternative remedy exists – Costs and slip-rule correction.
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15 January 2024 |
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Appellate court upheld trial findings: special damages unproven, damages and half costs affirmed; appeal dismissed.
• Civil procedure – assessment of damages – requirement to prove special damages with admissible evidence (receipts, valuations) and not by unpleaded afterthoughts.
• Evidence – appellate re-evaluation of credibility and weight of evidence; limited interference with trial court’s factual findings.
• Pleadings – claims not pleaded at trial (including exemplary damages) cannot be raised successfully on appeal.
• Costs – discretionary reduction to half where successful party is partly to blame (Civil Procedure Act s.27).
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12 January 2024 |