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Citation
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Judgment date
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| November 2024 |
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Freedom from torture—privacy violations—equality and non-discrimination—articles 24, 27, 44(a), and 21(1) of the Constitution—arrest during Covid-19—personal liability—vicarious liability—general damages—punitive damages—interest—costs
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22 November 2024 |
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Advocates' fees—Advocate-Client relationship—professional conduct—fee agreements—taxation of costs—remuneration regulations—reasonableness of fees—execution of decretal awards—client instructions—judicial oversight—legal services without advance fees—discretionary powers—advocate misconduct
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20 November 2024 |
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20 November 2024 |
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Procurement law—review application—errors on record—procurement irregularities—breach of procurement laws—nullification of procurement process—fresh procurement directive—costs awarded
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20 November 2024 |
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20 November 2024 |
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Alleged torture and unlawful arrest unproven; no human-rights violation found and application dismissed.
Criminal procedure and human rights – alleged unlawful arrest and detention – torture claims require strict evidential proof; detention within 48 hours and at authorised station does not amount to human-rights violation; vicarious liability issues do not arise where no primary violation proven.
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20 November 2024 |
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Religious disputes—church autonomy—ministerial exception—religious question doctrine—ecclesiastical jurisdiction—fair hearing—justiciability—provincial constitution—exhaustion of internal remedies—judicial oversight—civil Court limits
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20 November 2024 |
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Exploration licence confers exclusive exploration rights; road works excavating minerals required compensation to the licensee.
Mining law – exploration licence confers exclusive exploration rights; minerals vest in Government but interference with exploration rights attracts compensation; Land Acquisition Act s.13 applies only after an award; limitation – cause of action and timing may depend on governmental advice/communications; remedies – proven special damages and general damages; constitutional protection of property (Art.26).
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13 November 2024 |
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Human rights—freedom from torture and inhuman treatment—freedom of press and media—assault on journalists—vicarious liability of government—compensation and general damages—public apology and non-repetition guarantees
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13 November 2024 |
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Discovery application dismissed as premature where applicant failed to show documents exist or are in respondent's custody.
Civil procedure – Discovery – Order 10 r.12 CPR and s.22 CPA – prerequisites for discovery: existence, relevance, possession – refusal where application is a fishing expedition or premature pending establishment of claim.
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8 November 2024 |
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Applicant failed to show sufficient cause to reinstate a suit dismissed for want of prosecution; application dismissed with costs.
Reinstatement of dismissed suit – dismissal for want of prosecution – sufficient cause – counsel’s negligence or absence – compliance with filing directions – Section 98 Civil Procedure Act; Order 9 r.23 Civil Procedure Rules – judicial discretion and docket management.
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8 November 2024 |
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Reliance on ECCMIS did not establish sufficient cause to reinstate a suit dismissed for failure to serve proper summons.
Civil procedure – dismissal for want of prosecution – setting aside dismissal – sufficient cause required Service of process – absence of affidavit of service – consequence of unserved summons (Order 9 r.19) Government proceedings – summons must allow not less than 30 days under Government Proceedings (Civil Procedure) Rules Electronic case management (ECCMIS) – reliance on notifications insufficient without due diligence
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8 November 2024 |
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Administrative law—judicial review—political party governance—extension of office terms—internal dispute resolution—non-justiciable political questions—premature suit—necessary parties—abuse of process—costs
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8 November 2024 |
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A council’s resolution attempting to rescind a freehold title and halt school redevelopment was ultra vires, irrational and procedurally unfair.
Administrative law – ultra vires acts; land law – limits on power to cancel title; judicial review – illegality, irrationality and procedural impropriety; entitlement to certiorari and restitution of funds.
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8 November 2024 |
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Interlocutory Registrar rulings are not immediately appealable, and unexplained late appeals constitute abuse of process.
Companies Act – Right of appeal – Section 173(3) – appeal lies against final determinations, not interlocutory rulings. Civil Procedure Act – Limitation of appeals – Section 79(1)– appeals from registrar’s orders must be timely; section 79(2) on exclusion of time for making copies requires proof. Civil procedure – interlocutory orders – not separately appealable; may be reviewed with final decision. Civil procedure – abuse of process – unexplained delay in filing appeal may render appeal incompetent and abusive. Administrative/Registrar practice – registrar should not suspend hearings solely because counsel threatens appeal.
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8 November 2024 |
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Court reduced manifestly excessive instruction fees in election-petition taxation, adjusting awards to reasonable levels.
Taxation of costs – instruction fees in election petitions – application of sixth schedule (Regs. 6 and 9) to Advocates (Remuneration and Taxation of Costs) Regulations 2018 – interference with taxing officer only in exceptional cases where award is manifestly excessive or wrong in principle. Factors: nature, importance, complexity, novelty, place, time expended, public interest and prevailing economics. Election petition remuneration balanced against public interest not to deter candidates.
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6 November 2024 |
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Execution-related disputes between decree parties must be decided by the executing court; suit dismissed as to those defendants.
Civil Procedure Act s.34(1) – execution-related questions must be determined by executing court; Execution law – scope of forum for disputes arising from execution; Separate actions – limited exception permitting separate suits against court bailiffs/third parties; Abuse of process – repeat litigation discouraged; Costs – each party to bear own costs.
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6 November 2024 |
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Judicial review – University Tribunal decision – temporary injunctions – public body decisions – procedural irregularities – balance of convenience – University and Other Tertiary Institutions Act, Section 57(2) – judicial discretion – case consolidation – injunctive relief
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1 November 2024 |
| October 2024 |
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Dismissal without a hearing was illegal; certiorari granted and salary arrears ordered, but reinstatement and damages denied.
Administrative law – Judicial review – amenability of police disciplinary decisions – procedural impropriety and natural justice – certiorari to quash unlawful dismissal – mandamus and requisites – entitlement to pension/gratuity under Pensions Act – damages not awarded in judicial review without separate suit.
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31 October 2024 |
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Res judicata – contractual dispute – tort of detinue – wrongful retention of property – fraud and misrepresentation – limitation of actions – recovery of equipment and materials – dismissal with costs
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31 October 2024 |
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Claim for commercial rent arrears dismissed for unreliable evidence; non‑existent defendant struck out; corporate veil not pierced.
Commercial rent – proof of arrears – credibility and material contradictions in evidence; Misnomer – suit against non‑existent party struck out; Company law – lifting corporate veil – requires fraud/dishonesty or statutory grounds; Unchallenged evidence must be cogent and credible to support judgment.
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31 October 2024 |
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Judicial review – NSSF Select Committee Report – illegality – procedural impropriety – employment termination & prosecution directives – abuse of oversight power
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31 October 2024 |
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Employee injured while chasing a student found contributorily negligent; employer not liable; wedding car held to be a valid gift, return or compensation ordered.
Employment law – scope of employment – whether an employee chasing a student was acting in the course of employment and employer liability; Negligence – contributory negligence where employee voluntarily undertakes risky conduct; Vicarious liability vs. workers’ compensation – appropriateness for employee personal injury claims; Gifts – requirements for valid gift: intention, delivery and acceptance; Remedies – restitution of gifted property or alternative compensation; costs apportionment.
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31 October 2024 |
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Duplicative suit splitting a cause of action was dismissed as frivolous, vexatious and an abuse of court process.
Civil procedure – abuse of process – splitting cause of action and duplicative suits; Cause of action – requirement to show operative facts and liability; Civil Procedure Act s.6 – pendency of earlier suit; Relief – dismissal with costs where proceedings are frivolous and vexatious.
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25 October 2024 |
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Applicability of the Landlord and Tenant Act, 2022 – expiry and non-renewal of fixed-term tenancy – beneficiaries' right to protect estate – enforcement of tenancy post-lessor's death – interpretation of termination and renewal clauses – automatic termination by effluxion of time – dismissal of appeal for lack of merit – tenant’s abuse of court process
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25 October 2024 |
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Application to reopen case – new evidence – architectural plans – discretion of court to reopen closed cases – relevance and materiality of new evidence – exercise of due diligence – prevention of miscarriage of justice – impact on respondent’s rights – costs in the cause
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25 October 2024 |
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Human Rights Enforcement – right to education – tortious claims vs. constitutional redress – exhaustion of internal remedies – abuse of court process – judicial restraint in university administration – procedural compliance – dismissal with costs
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25 October 2024 |
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Execution of decree – limitation period – section 35 of the Civil Procedure Act – final vs. preliminary decree – pension dispute – stale claims – time-barred execution – Registrar’s orders upheld – application dismissed
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25 October 2024 |
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Human Rights – negligence – Article 50 enforcement – public Interest litigation – mootness doctrine – abuse of process – defective products allegations – the distinction between tort and human rights claims – the role of statutory authorities – procedural requirements – dismissal for lack of cause of action
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24 October 2024 |
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24 October 2024 |
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Human Rights Violations – Torture – Arbitrary Arrest – Incommunicado Detention – Personal Liberty – Privacy – Freedom of Expression – Exemplary Damages – General Damages – Compliance with the Constitution
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23 October 2024 |
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21 October 2024 |
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A registered proprietor without possession cannot succeed in trespass where the respondent holds possession through acquired bibanja.
Land law – possession and trespass – requirement that plaintiff be in possession to maintain trespass; Land Act protections for bibanja/lawful occupants; validity of title – effect of transfer formalities and company seals; impeachment of certificate of title for alleged fraud; evidentiary assessment of long occupation and adverse possession-related interests.
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18 October 2024 |
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17 October 2024 |
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16 October 2024 |
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Stay of execution granted pending appeal where appeals were arguable, execution threatened substantial loss, and existing security sufficed.
Civil procedure – Stay of execution under Order 22 rr.23 & 26 CPR – Test for stay: non-frivolous appeal with realistic prospects, imminent execution causing substantial loss, prompt application, and security for due performance – Court may accept existing security in related proceedings.
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16 October 2024 |
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Appellant’s late appeal admitted for good cause; negligence and special damages were properly proved and judgment upheld.
Civil procedure – timeliness of appeal – section 79 CPA – appellate discretion to admit late appeals for good cause; Tort – negligence – duty, breach (blocking of water channel) and causation; Evidence – circumstantial evidence admissible to prove wrongful act; Locus in quo – court may conduct visit and proceed ex parte when served party absent; Damages – special damages must be pleaded and proved but may be established by documents and cogent oral evidence.
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15 October 2024 |
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Breach of contract – mistaken admission of student – negligence in advising on academic and graduation requirements – void contract due to fundamental mistake – failure to clear student for graduation – university’s duty of care – award of special, general, and exemplary damages with costs and interest
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14 October 2024 |
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High Court set aside magistrate’s orders as the matter exceeded the Grade I Magistrate’s UGX20,000,000 pecuniary jurisdiction.
Revision — High Court powers under Section 83 CPA to call for and revise magistrates’ records; Pecuniary jurisdiction — Magistrates Grade I limited to UGX 20,000,000; Orders appointing personal representative and granting access to bank funds involve estate value and determine jurisdiction; Proceeding without statutory jurisdiction is a nullity; Factual merits of capacity findings are matters for appeal, not revision.
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11 October 2024 |
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11 October 2024 |
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Court dismissed suit: seizure and disposal lawful, plaintiffs’ evidence discredited, no cause disclosed against URA.
Administrative law – seizure and disposal of goods under statutory Fisheries law; Civil procedure – plaint failing to disclose cause of action; Evidence – assessment of credibility where witness statements conflict; Customs/Transit – applicability of domestic fisheries regulations to goods detected as contraband while in transit; Abuse of process – frivolous and vexatious litigation.
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11 October 2024 |
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KCCA officers immune under statute; failure to include demarcated parishes in PDM not proved to be contempt.
Administrative law – statutory immunity – section 81 KCCA Act shields staff and persons acting under Authority from personal civil liability for acts done in good faith. Contempt of court – elements: existence of clear lawful order, notice, ability to comply, and failure to comply; burden shifts on willfulness/mala fides once order, service and non‑compliance shown. Separation of functions – creation of administrative units and PDM allocation implementation lie with Minister/Ministry of Local Government, limiting KCCA officers’ mandate.
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11 October 2024 |
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Transfers made during a romantic relationship were not proven as investments or trust property; claim dismissed and each party bears own costs.
Trusts – resulting and constructive trusts – requirement of specific property and clear intention to create trust; equity will not infer constructive trust absent sufficient evidence Contract – oral agreements for significant sums require proof of terms and consideration; caution against converting personal/romantic conduct into commercial obligations Gifts versus investments – transfers in intimate relationships may be deemed gifts absent clear contrary evidence Mobile money transfers – evidentiary weight and need for corroboration Costs – court exercised discretion to order each party to bear own costs given circumstances
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11 October 2024 |
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7 October 2024 |
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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.
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4 October 2024 |
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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.
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4 October 2024 |
| September 2024 |
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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.
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19 September 2024 |
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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.
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12 September 2024 |
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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.
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12 September 2024 |
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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.
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12 September 2024 |