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Citation
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Judgment date
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| September 2024 |
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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.
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6 September 2024 |
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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.
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6 September 2024 |
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6 September 2024 |
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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.
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6 September 2024 |
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6 September 2024 |
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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.
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6 September 2024 |
| August 2024 |
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30 August 2024 |
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30 August 2024 |
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30 August 2024 |
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30 August 2024 |
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30 August 2024 |
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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.
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28 August 2024 |
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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.
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27 August 2024 |
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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.
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23 August 2024 |
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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).
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23 August 2024 |
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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.
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23 August 2024 |
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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.
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23 August 2024 |
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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.
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20 August 2024 |
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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.
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19 August 2024 |
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Administrative law – judicial review – executive orders – salary adjustment – legitimate expectation – certiorari – mandamus
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16 August 2024 |
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12 August 2024 |
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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.
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12 August 2024 |
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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.
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12 August 2024 |
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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.
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9 August 2024 |
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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
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2 August 2024 |
| July 2024 |
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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.
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29 July 2024 |
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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.
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23 July 2024 |
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19 July 2024 |
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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.
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19 July 2024 |
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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.
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17 July 2024 |
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16 July 2024 |
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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.
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15 July 2024 |
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12 July 2024 |
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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.
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10 July 2024 |
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8 July 2024 |
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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.
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8 July 2024 |
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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.
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8 July 2024 |
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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.
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8 July 2024 |
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5 July 2024 |
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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.
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3 July 2024 |
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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.
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1 July 2024 |
| June 2024 |
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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.
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28 June 2024 |
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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.
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21 June 2024 |
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Registrar’s failure to create a substitute title was unlawful; mandamus, damages and costs were granted to the applicant.
Administrative law – Judicial review – Illegality and abuse of discretion where a public officer fails to exercise statutory powers appropriately Land registration – Registrar’s duty under s.170 Registration of Titles Act – creation of substitute/duplicate certificates and blue page files Remedies – Declarations, order of mandamus, damages for breach of statutory duty, and costs Procedural – Ex parte hearing where respondent fails to appear despite service
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21 June 2024 |
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Non-renewal of a fixed-term public employment contract was lawful where conditions for renewal and procedural fairness were not breached.
Judicial review — amenability — public body and public-law matters; fixed-term employment — renewal conditional on performance appraisals; procedural impropriety — no general duty to afford hearing before non-renewal absent contractual/HR requirement; illegality — Presidential recommendation requires ministerial action to have force of law; discretion to admit late affidavits where no prejudice.
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18 June 2024 |
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A board meeting of a non-governmental organization was validly convened despite organizational suspension, as per regulatory directives.
Judicial review – Locus standi – Non-governmental organizations as public bodies – Board meetings – Legality of decision-making – NGO regulatory compliance – Procedural propriety and quorum in board decisions.
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14 June 2024 |
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Default judgment set aside where service was ineffective and applicant demonstrated bona fide triable issues; leave to defend granted.
Civil procedure – Order 36 r.11: setting aside default/decree for ineffective service; affidavits in interlocutory applications – flexible timing for affidavit in reply; summary judgment principles – bona fide triable issues and good cause for leave to defend; service irregularities and effect on judgment validity.
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14 June 2024 |
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High Court severed constitutional claims, found judicial review appropriate but dismissed challenge to licensing/relocation decision with costs.
Judicial review — amenability and scope — High Court may review administrative process but not determine constitutional validity (Article 137) — severance of constitutional claims — grounds examined: illegality, procedural impropriety (legitimate expectation, bias), irrationality — proximity and licensing regulations enforcement.
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10 June 2024 |
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10 June 2024 |
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Letter to judicial officers accusing the plaintiff of coercive land grabbing was defamatory; privilege failed and damages, injunction and costs awarded.
Defamation — Publication to third parties — Imputation of coercion and land grabbing — Qualified (conditional) privilege — Requirement of good faith; malice defeats privilege — Assessment of general damages for reputational injury.
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10 June 2024 |