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Citation
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Judgment date
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| August 2025 |
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Leave to appeal a preliminary ruling was denied where no substantial legal question was demonstrated, enabling the main suit to proceed.
Civil procedure – Leave to appeal – Interlocutory orders – Preliminary objection – Cause of action – Corporate separateness – Requirements for grant of leave – Factual versus legal issues – Abuse of process and delay – Magistrates Court Act, Civil Procedure Act, and case law considered.
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28 August 2025 |
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Court amended a prior order to correct an omitted part of a company's name due to a clerical error.
Civil Procedure – correction of errors – amendment of court order to insert omitted part of company name – powers of court to correct clerical errors – Companies Act – proper procedure for correction – effect of clerical mistake in court process.
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28 August 2025 |
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A public officer’s second interdiction following new criminal charges is lawful under the Public Service Regulations and Standing Orders.
Administrative law – Judicial review – Interdiction of public officers – Lawfulness and procedural requirements of interdiction upon criminal charges – Whether a public officer may be interdicted a second time following new charges – No requirement for hearing before interdiction – Regulation 38 of the Public Service Commission Regulations and Public Service Standing Orders considered.
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27 August 2025 |
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A Grade I magistrate's decision rendered beyond its pecuniary jurisdiction is a nullity and is set aside; costs denied.
* Civil procedure – Pecuniary jurisdiction – Magistrate Grade I limit – Section 207(1)(b) Magistrates' Courts Act.
* Jurisdictional defect – Judgment made without jurisdiction is a nullity and not curable by revision.
* Revisionary powers/inherent jurisdiction – cannot confer jurisdiction where statute denies it; distinguishable from cases of excessive awards.
* Costs – denied where application raised tactical forum-shopping based on known jurisdictional defect.
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27 August 2025 |
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The operator of a fuel station was held strictly liable for injuries caused by escaped fuel, but damages were substantially discounted for exaggerated claims.
Tort – liability for injury – strict liability – Rylands v Fletcher – inherently dangerous substance – escape – contributory negligence – damages – personal injuries – assessment of damages.
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25 August 2025 |
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A private person claiming equitable interest is not a necessary party in judicial review absent evidence of public functions.
* Judicial review – necessary/proper parties – Order 1 r10(2) CPR and Judicature (Judicial Review) Rules r10(1) – person sought to be added must be necessary or proper to adjudicate public law questions.
* Judicial review – public body requirement – Rule 7A(1)(c) – private persons not subject to judicial review unless they exercise public functions or governmental power.
* Land law – equitable interest asserted by private person does not alone make them a necessary party in proceedings challenging an administrative cancellation of title.
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24 August 2025 |
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Court dismissed an application for interim injunctions, finding the applicant failed to meet the criteria for emergency relief.
Administrative law – Judicial review – Interim injunctions – Status quo – Denomination and eligibility for elected post – Change of biodata – Statutory mandate of identification authority – Discretion of court in granting interim relief – Irreparable harm.
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23 August 2025 |
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Application for contempt of court dismissed due to insufficient proof of willful violation of a temporary injunction order.
Civil contempt of court – Temporary injunction – Standard of proof regarding electronic evidence – Authenticity and reliability of audio recordings – Burden of proof on applicant – Dismissal of application for failure to prove contempt.
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22 August 2025 |
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A private individual with land interests cannot be joined as a respondent in judicial review focused solely on a public official's decision.
Judicial review – addition of parties – necessary party – distinction between public law and private rights – scope of judicial review – whether private persons can be joined as respondents in judicial review proceedings.
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21 August 2025 |
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An application dismissed for non-appearance was reinstated as the applicants showed sufficient cause based on counsel’s honest mistake.
Civil Procedure – Reinstatement of dismissed suit – Sufficient cause – Non-appearance due to counsel’s mistake – Court’s discretion – Interests of justice overriding technicalities.
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21 August 2025 |
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A stay of execution pending appeal was refused where no prima facie case or irreparable loss was proved by the applicant.
Civil procedure – stay of execution pending appeal – requirements under Order 43 rule 4 Civil Procedure Rules – prima facie case – substantial loss – balance of convenience.
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19 August 2025 |
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The court granted an interim injunction to preserve estate property pending determination of substantive claims over land distribution.
Interim injunction – prerequisites for grant – prima facie case – pending substantive application – status quo preservation – land and succession disputes – irreparable harm – judicial discretion.
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19 August 2025 |
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Judicial review was refused as no final university decision existed and internal remedies were not exhausted by the applicant.
Judicial review – exhaustion of internal remedies – preliminary administrative inquiries – scope of judicial review – supervisory jurisdiction – right to fair hearing – university disciplinary proceedings – lack of reviewable decision.
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18 August 2025 |
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A party election decision reversed without a fair hearing was quashed and the originally declared candidate reinstated by the court.
Judicial review – amenability – exhaustion of internal remedies – political party elections – Electoral Commission powers – natural justice – functus officio – procedural impropriety – remedies – party administrative law
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18 August 2025 |
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Communications clarifying authority over community events made in public interest were not found to be defamatory.
Defamation – qualified privilege – publication in public interest – burden of proof in defamation – communications regarding community events – no actionable defamation where statements made in good faith to clarify organizational authority.
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15 August 2025 |
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A suit for breach of contract filed within six years is not time-barred under the Ugandan Limitation Act.
Civil procedure – Limitation of actions – Actions founded on contract – Application for dismissal on grounds of limitation – Misinterpretation of Limitation Act – Costs awarded personally against counsel for abuse of court process.
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15 August 2025 |
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The court upheld the nullification of an election due to procedural irregularities and confirmed the respondent as the rightful winner.
Election law – Local government elections – Nomination of candidates – Admissibility of electronic and documentary evidence – Election irregularities and non-compliance – Nullification of election results – Standard of proof in election petitions.
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15 August 2025 |
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Disputes over political party leadership and internal processes are not amenable to judicial review but to internal or arbitral remedies.
Judicial review – administrative law – limits of review – political party leadership disputes – regulator’s powers – internal party procedures – amenability to judicial review.
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15 August 2025 |
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Filing a notice of appeal precludes seeking review of a court ruling, and mere errors in law must be addressed by appeal.
Civil procedure – review of judgment – appeal and review as alternative remedies – requirements for review under Section 82, Civil Procedure Act – error apparent on face of record – whether notice of appeal bars application for review – on-demand bank guarantees – grounds for restraining payment.
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14 August 2025 |
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The court granted unconditional leave to defend a summary suit due to triable issues about a tenancy and compensation for developments.
Civil Procedure – summary procedure – application for unconditional leave to appear and defend – existence of triable issues – tenancy agreement – compensation for developments – rent arrears – summary judgment refused.
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10 August 2025 |
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The Commissioner for Land Registration lacks jurisdiction to cancel a land title on fraud grounds, and must afford fair hearing to affected parties.
Land law – cancellation of certificate of title – powers of the Commissioner for Land Registration – jurisdiction – fraud allegations – judicial review – right to fair hearing – effectiveness of substituted service – natural justice – general damages – public body accountability.
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7 August 2025 |
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Court issued habeas corpus writ ordering state authorities to produce an allegedly detained person and awarded costs.
* Constitutional law – protection of personal liberty – Article 23 – availability and inviolability of habeas corpus.
* Remedies – writ of habeas corpus ad subjiciendum – jurisdiction under section 34 Judicature Act and Habeas Corpus Rules.
* Detention – state/security custody, incommunicado detention, absence of charge or arraignment.
* Enforcement – production before court and contempt remedies for disobedience.
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1 August 2025 |