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Citation
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Judgment date
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| July 2019 |
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Review granted where judgment was given despite pending related proceedings and an unresolved joinder application; rehearing ordered.
Civil procedure – Review – Order 46 CPR and Section 82 Civil Procedure Act – who is an aggrieved person and entitlement to review. Locus standi – pending related proceedings and joinder application as basis for standing to seek review. Pleadings – Notice of Motion prolixity – sufficiency of general grounds and supporting affidavit. Review on face of record – apparent error where judgment affects interests of parties in pending/test proceedings. Remedy – setting aside judgment and ordering rehearing de novo; costs awarded to successful reviewer.
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19 July 2019 |
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A judgment affecting a pending test suit and undecided joinder application was set aside for review and ordered rehearing de novo.
Civil procedure – Review – Order 46 r1 CPR and Section 82 CPA – Who is an aggrieved person; locus standi to seek review by a non-party with proprietary interest. Civil procedure – Error apparent on the face of the record – judgment affecting pending test suit and unresolved joinder application justifies review. Joinder/party addition – pending application to add an interested party must be considered before disposition of matters affecting same subject land. Remedy – setting aside judgment and rehearing de novo; costs awarded.
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17 July 2019 |
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Court allowed amendment of plaint under O.6 r.19, finding it a minor correction and not a new cause of action.
Civil procedure – Amendment of pleadings (O.6 r.19) – Discretion to allow amendments to determine real issues; single supporting affidavit sufficient; amendment that corrects minor error not a new cause of action; respondent claiming ownership to prove same in main suit.
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15 July 2019 |
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Plaintiff proved equitable ownership by purchase; defendant’s entry was trespass; declaration, damages and permanent injunction granted.
Land law – equitable interest passes on payment of purchase price; proof by sale agreement and witness evidence. Trespass – unlawful entry and destruction of fence establishes trespass. Evidence – sale agreement, photographs and police reports corroborate possession. Remedies – declaration of title, general damages and permanent injunction. Civil procedure – ex parte proof permitted where defendants failed to appear after service.
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12 July 2019 |
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Whether an alleged duress vitiated a land transfer and whether UGX 5,000,000 damages for crop destruction were adequate.
• Contract law – Duress – proof requirements: protest, prompt steps to avoid, independent advice, and effect on consent.• Land law – dispute over transfer of kibanja and validity of title where alleged coercion is asserted.• Civil damages – assessment of general damages for destruction of crops and appellate deference to trial discretion.• Appellate review – circumstances warranting interference with trial court’s discretionary award.• Interest – courts may order interest on judgment sums from date of trial judgment to protect against inflation.
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12 July 2019 |
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Whether alleged duress invalidated a land transfer and whether the damages for destroyed crops were adequate.
Contract law – Duress – Whether alleged coercion vitiates consent – necessity of contemporaneous protest, available alternatives, prompt steps to rescind. Land law – Disputed transfers – evidential burden to show understanding and voluntariness. Civil damages – General damages assessment; appellate restraint unless award is based on wrong principle or plainly erroneous. Procedure – Court’s discretion to award interest under Civil Procedure Act and Civil Procedure Rules.
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12 July 2019 |
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Transfer of mortgaged land was void for statutory irregularities and bank’s bad faith; purchaser failed due diligence.
Land law – mortgage sale – duty of mortgagee to revalue and obtain true market price; Registration of Titles Act s.148 – requirement of signatures in Latin characters; Stamps Act s.42 – instruments chargeable with duty must be stamped before registration; banker–customer duty – notice before blocking account and right to redeem; res judicata – jurisdictional competence of preceding court.
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10 July 2019 |
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A bank’s sale registered with unstamped, improperly signed instruments is void; bank liable for wrongful sale, restitution and damages.
Land law – mortgage foreclosure and sale – res judicata – jurisdictional competence of lower court; Registration of Titles Act s.148 – requirement for signatures in Latin characters; Stamps Act s.42 – instruments chargeable with duty must be stamped before registration; Mortgagee duties – duty to obtain reasonable market value and act in good faith; Purchaser’s duty – due diligence and enquiries from person in possession; Banker–customer relationship – unlawful blocking of account and consumer protection obligations; Remedies – transfer cancellation, restoration of title, damages, reimbursement, costs and interest.
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10 July 2019 |
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Whether dismissal for non-appearance under O.9 r17 may be set aside under O.9 r23 for "sufficient cause".
Civil Procedure — Order 9 r17 and r23 — dismissal for non-appearance — setting aside dismissal — "sufficient cause" — intention to prosecute and diligence — prompt application — costs.
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9 July 2019 |
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Dismissal under O.9 r.17 was set aside where applicants promptly sought reinstatement and showed intent to prosecute despite inadequate excuse.
Civil procedure – Order 9 r.17 dismissal for non-appearance – remedy under Order 9 r.23 – "sufficient cause" for setting aside dismissal – requirement of honest intention to attend and diligence in prosecuting the suit.
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9 July 2019 |
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Application for security for costs dismissed: suit not frivolous and respondent’s inability to pay was not proven.
Civil procedure – Security for costs – O.26 r.1 CPR – Namboro test: whether suit is frivolous/vexatious and whether defendant has a prima facie defence. Companies – Section 284 Companies Act considered but inapplicable to unlimited companies and not determinative of security for costs. Evidence – Burden to prove inability to pay; absence of assets/directors within jurisdiction is speculative without supporting evidence (no insolvent proceedings or unsatisfied decree). Procedure – Challenges to affidavits and allegations of attorney incapacity require proof or cross-examination, not mere assertion.
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8 July 2019 |
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Application to substitute a non-existent defendant via amendment dismissed; non-party affidavit expunged.
Civil procedure – amendment of pleadings (Order 6 r19) – substitution of parties (Order 1 r10(2)) – non-existent party – action a nullity – affidavit by non-party expunged for lack of authority.
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6 July 2019 |
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The respondent’s appeal filed one day late without leave was held incompetent and struck out; counsel’s affidavit in reply was struck out.
Civil procedure — Appeals — Time for filing appeals under Section 79(1)(a) and exclusion under Section 79(2) — Record availability determined by certificate of correctness — Appeal lodged one day late without leave is incompetent; Advocates (Professional Conduct) Regulations — Regulation 9 prohibits advocates swearing affidavits in contentious matters they personally conduct — Affidavit of reply by counsel defective and struck out; Service of documents — O.49 r.2 and O.5 r.16 (affidavit of service) — service disputes weighed but did not cure lateness.
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5 July 2019 |