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Citation
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Judgment date
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| January 2024 |
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Applicant's challenge to a private university's interim suspension was premature and failed for not exhausting internal remedies.
Administrative law — Judicial review — applicability to private bodies — interim suspension pending disciplinary inquiry — natural justice and procedural fairness at pre‑decisional stage — exhaustion of internal remedies — prematurity of judicial review application.
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12 January 2024 |
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Slip-rule correction granted to amend a clerical misidentification of the withdrawn suit number; each party to bear own costs.
Civil Procedure — Slip rule (Section 99 CPA) — correction of clerical or accidental slips in judgments and rulings; requirements and limits. Distinction between clerical/expressional errors and substantive errors — slip rule not available to re-open merits. Application of Uganda Development Bank Ltd v Oil Seeds authority — court may correct to reflect manifest intention. Relief granted: correction of misnumbered withdrawn suit (HCCS No. 330/2013) and costs: each party bears own costs.
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12 January 2024 |
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A regulator's failure to investigate turned a lawful seizure into wrongful detention, attracting detinue liability and damages.
Detinue – wrongful detention of chattels – initial lawful seizure on complaint versus wrongful continued detention due to complainant’s failure to investigate; Vicarious liability of regulatory agency for acts of its regional officer; burden of proof on quality/source of agricultural planting materials; damages and interest awarded for conversion/detinue.
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12 January 2024 |
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Applicant's claims of torture and unlawful detention dismissed for lack of credible, persuasive evidence.
Constitutional law – freedom from torture and cruel, inhuman or degrading treatment – Article 44(a) Constitution; Prevention and Prohibition of Torture Act, 2012 – strict test and burden of proof. Constitutional law – right to personal liberty – Article 23 – requirement to be informed of reasons for arrest/detention and right to consult counsel; claimant must assert those rights. Evidence – delays, inconsistencies and credibility considerations defeat civil standard proof of torture or unlawful detention. Vicarious liability – no sufficient basis to hold the Attorney General vicariously liable where primary allegations are unproved.
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12 January 2024 |
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Res judicata did not bar the suit because the earlier judgment concerned different issues and did not decide the present claims.
Civil procedure – res judicata – applicability where prior suit concerned land title and different parties; res judicata requires same parties, same subject matter and a final decision on the matter; abandoned or unproven claims in earlier suit do not constitute res judicata; joinder of necessary parties – Order 1 r.10 CPR.
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11 January 2024 |
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Judicial review dismissed because applicants failed to exhaust internal constitutional remedies before approaching the court.
Administrative law – Judicial review – Requirement to exhaust internal or alternative remedies before approaching court (Rule 7A). Internal governance – Association constitutions – Dispute Resolution, Disciplinary and Arbitration Committee and Board of Trustees as internal remedies. Procedural competence – refusal to attend disciplinary hearing defeats claim of irregularity and renders judicial review incompetent.
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11 January 2024 |
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Summary dismissal without fair hearing and improper appellate procedure rendered dismissal unlawful; UGX 80,000,000 damages awarded.
Administrative law – Judicial review – Procedural impropriety and fair hearing; Employment law – probation clauses and right to notice; Internal disciplinary procedure – limits of Staff Appeals Committee jurisdiction; Irrationality – decision outside range of reasonable outcomes; Remedies – certiorari, damages and costs.
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9 January 2024 |
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Summary dismissal without fair hearing and an appeals committee acting beyond jurisdiction rendered the dismissal procedurally improper and irrational.
Judicial review – procedural impropriety and natural justice; summary dismissal and probationary ambiguity; appellate committee jurisdiction; substitution of charges on review; irrationality of administrative decision; damages for unfair termination.
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9 January 2024 |
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A certificate of order that wrongly names a non‑party government is reviewable and is set aside.
Civil procedure – Review under Order 46 and s.82 CPA – error apparent on the face of the record; Consent orders – validity as against non-parties; Advocates’ bill of costs – certificate of order; Mandamus arising from erroneously issued certificate; Non-party liability; Pensions/assignability arguments raised but decision founded on error apparent.
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8 January 2024 |
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Employer unlawfully terminated contract employees contrary to HR Manual and Employment Act; terminal benefits, damages and interest awarded.
Employment law – wrongful/unlawful termination – requirement to follow HR Manual and Employment Act when renewing contracts and dismissing staff; Contract renewal – fixed-term renewal period prescribed by HR Manual; Disciplinary procedure – reliance on audit/forensic report versus requirement for prosecution/conviction; Remedies – terminal benefits (one month notice or pay, accrued salary, outstanding entitlements, gratuity), general and aggravated damages; Interest – 20% p.a. on special damages from suit, 8% p.a. on general/aggravated from judgment; Severance pay not payable for unlawful termination under cited authority.
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5 January 2024 |
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Unlawful prolonged detention and post-conviction retention of phone breached rights to personal liberty and property.
Constitutional rights — personal liberty — detention beyond 48 hours without production to court or release on bond; access to counsel and next of kin; property rights — seizure versus continued retention of mobile phone; Police Act vs Computer Misuse Act; disciplinary proceedings — procedural impropriety vs constitutional right to fair hearing; remedies — declaration, return of property, general damages, costs.
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3 January 2024 |
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Unlawful 32‑day detention and post‑conviction retention of a seized mobile phone violated rights to liberty and property.
Constitutional law — Personal liberty — Arrest and detention exceeding 48 hours without production in court or bond — Denial of access to next of kin and lawyers — Violation of Article 23. Property — Seizure of mobile phone under Police Act lawful during investigation; continued retention after conviction unlawful — Article 26. Fair hearing — Disciplinary proceedings not equivalent to criminal trial; failure to provide record/schedule appeal amounts to procedural impropriety, not constitutional breach. Police Act vs Computer Misuse Act — Specific Computer Misuse provisions apply only when investigating offences under that Act. Remedies — Declarations, return of property, general damages and costs; exemplary damages declined.
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3 January 2024 |
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2 January 2024 |