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Citation
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Judgment date
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| October 2025 |
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A temporary injunction reversing the status quo and predetermining the main suit is improper and is set aside.
Civil procedure – Temporary injunctions – Purpose is to preserve status quo pending trial – Interlocutory order that reverses status quo or effectively disposes main suit is improper and must be set aside; right to fair hearing; Order 41 CPR.
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31 October 2025 |
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Appeal dismissed for want of prosecution under Order 17, Rule 6(1) after appellants failed to take steps for over two years.
* Civil procedure – Dismissal for want of prosecution – Order 17, Rule 6(1) CPR – No step taken for two years – Appeal dismissed.
* Procedure – Failure to prosecute appeal – Filing of memorandum without follow-up.
* Costs – No order for costs where appeal dismissed for want of prosecution.
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29 October 2025 |
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Court stayed execution pending determination of an application to enlarge time to file a notice of appeal.
Civil procedure – Stay of execution – Application to stay execution pending determination of an application to enlarge time to file a notice of appeal; Distinction between stay pending appeal (Order 43 r.4) and stay pending determination of enlargement application (Order 22 r.26); Inherent powers of the court – Section 98 Civil Procedure Act; Purpose of stay – preserve status quo and prevent rendering appeal nugatory; Discretion – limited stay until determination and no costs ordered.
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28 October 2025 |
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Part performance validated an unsigned land sale; plaintiff’s registration lawful and purported mortgage void for lack of security.
Land law – sale of land – part performance validating an unsigned written agreement; evidence – burden to prove fraud/forgery; land tenure – conversion from kibanja to freehold nullifying alleged customary security; equitable mortgage – memorandum of deposit void where no security exists; remedies – declaration of ownership, delivery of possession, injunction, damages and costs.
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28 October 2025 |
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Applicant withdrew stay of execution applications; court ordered withdrawal under Order 25 with no costs.
Civil procedure – Withdrawal of interlocutory applications – Order 25 Civil Procedure Act – Stay of execution applications – Effect of withdrawal and costs.
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24 October 2025 |
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Plaintiff's application to withdraw land claim after settlement with third party granted without orders as to costs.
Civil procedure – Withdrawal of suit – Application to withdraw under Order 25 Rule 1 CPR; settlement with third-party land holder; discretionary refusal/grant of costs.
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24 October 2025 |
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A duplicative contempt application reproducing previously decided claims amounted to abuse of court process and was dismissed.
Abuse of court process — duplicative proceedings — contempt of court — temporary injunction — possession prior to injunction — multiplicity of actions.
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24 October 2025 |
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Applicant’s five‑year failure to prosecute appeal justified dismissal; reinstatement denied for lack of sufficient cause.
• Civil procedure – reinstatement of appeal dismissed for want of prosecution – reliance on Article 126(2)(e) and Section 98 Civil Procedure Act when rules silent.
• Procedural diligence – prolonged inaction (five years) by appellant constitutes dilatory conduct.
• Service of hearing notices – non‑service on dismissal date insufficient to excuse long failure to prosecute.
• Alternative proceedings – filing of other suits may render reinstatement unnecessary but does not excuse prior inaction.
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24 October 2025 |
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Application dismissed for failure to file court‑ordered submissions, constituting failure to prosecute.
Civil procedure – failure to prosecute – non‑compliance with court directions to file written submissions – dismissal of application; Party reliance on opposing party’s submissions does not excuse primary non‑compliance.
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22 October 2025 |
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A title obtained by misrepresentation over already-registered land is void and properly cancellable to protect the register.
Land law – Torrens system – title obtained by misrepresentation – cancellation under s.88(2) Land Act – customary tenure conversion requirements – ultra vires allocation by District Land Board.
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22 October 2025 |
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Applicants lacked locus and failed to prove 1992 repossession; first respondent’s title to the land is upheld.
Evidence – Secondary evidence – Photocopies of repossession letters inadmissible without originals or certified copies; Locus – Claimant companies failed to prove nexus to original departed-Asian shareholders; Expropriated Properties Act – Repossession requires certificate; absence of certificate defeats repossession claim; Registration of Titles – Special certificate and ministerial disposal lawful where property not validly repossessed; Natural justice – Commissioner’s failure to afford hearing procedural error but not dispositive when substantive claim invalid.
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22 October 2025 |
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Application to stay execution was withdrawn under Order 25 CPR and respondent awarded costs.
Civil procedure – Discontinuance of proceedings – Order 25, Rules 1 and 2 CPR SI 71-1; Withdrawal of application via notice on ECCMIS; Costs awarded where pleadings and submissions exchanged.
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21 October 2025 |
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Suit dismissed for want of prosecution under Order 17, Rule 6 after over two years of inactivity.
Civil procedure – Dismissal for want of prosecution – Order 17, Rule 6 Civil Procedure Rules SI 71-1 – failure to take steps for two years – case management (ECCMIS) record discrepancy.
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21 October 2025 |
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Alleged contribution gives locus standi; non‑citizen status does not bar trial on claimed interest in Mailo land.
Civil procedure – striking out/rejection of plaint – whether plaint discloses cause of action – locus standi – non‑citizen’s claim for contribution to purchase of Mailo/freehold land – summary dismissal standard; affidavits: prolixity and admissible content.
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21 October 2025 |
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Appeal for injunction dismissed as res judicata and because orders would prejudice other parties with interests in the land.
Civil procedure – interlocutory appeals – injunctions – res judicata; preservation of status quo; sufficiency of property description; third‑party interests; service of process.
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20 October 2025 |
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Application to readmit appeal and set aside judgment dismissed for non-appearance; no order as to costs.
Civil procedure – Dismissal for non-appearance – Order 9, Rule 22 CPR SI 71-1; Application to readmit appeal and set aside judgment; Stay of execution; No order as to costs.
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20 October 2025 |
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Plaintiff owns kibanja subject to defendant’s equitable/legal interest; undeveloped portion returned and injunction, damages awarded.
* Land law – customary kibanja – succession to kibanja interest by surviving child; applicability of pre-1995 Land Reform Decree. * Locus standi – beneficiary of intestate may sue in own name to protect estate interests. * Occupation and title – bona fide occupant test, effect of transactions during Land Reform Decree period. * Equity – proprietary estoppel/licence coupled with equity arising from long possession, improvements and burials. * Remedies – declaration of ownership subject to equitable/legal interest, vacant possession of undeveloped portion, permanent injunction, damages and costs.
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17 October 2025 |
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Contempt application dismissed for want of prosecution under section 17(2) of the Judicature Act, with no costs.
* Civil procedure – dismissal for want of prosecution – inactivity for over 29 months – section 17(2) Judicature Act – court’s duty to prevent docket backlog.
* Contempt proceedings – application for declaration of contempt left unprosecuted – consequences of prolonged delay.
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17 October 2025 |
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Appeal dismissed: respondents found owners, appellant a trespasser; general damages upheld, special damages unproven.
Land law – Ownership dispute – competing proof by sale agreements versus testamentary disposition; burden of proof under Evidence Act; trespass – unlawful possession obtained under defective letters of administration; damages – general damages discretionary but special damages must be specially pleaded and strictly proved; locus in quo – Practice Direction No.1 of 2007 requirements and evidentiary procedure; jurisdiction – Chief Magistrate’s unlimited pecuniary jurisdiction in trespass matters.
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17 October 2025 |
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Slip-rule correction application dismissed for want of prosecution under section 17(2) of the Judicature Act.
Civil procedure — Slip rule application to correct judgment — Non-prosecution — Application dismissed under section 17(2) Judicature Act — Court case management and prevention of backlog.
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17 October 2025 |
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Irregular ex parte locus visit and failure to evaluate affidavit evidence vitiated the Registrar’s refusal of an interlocutory injunction.
Civil procedure – Appeal from Registrar’s order; Locus in quo – procedural requirements and notice; Natural justice – right to be heard; Temporary injunction – prima facie case, irreparable harm, balance of convenience; Reliance on ex parte locus findings invalidates decision.
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16 October 2025 |
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A land-title suit seeking declarations and injunctions was dismissed for non-appearance under Order 9, Rule 17.
* Civil Procedure – non-appearance – dismissal under Order 9, Rule 17 of the Civil Procedure Rules SI 71-1.
* Land law – claims for declaration of title, alleged wrongful cancellation of certificate of title and trespass not determined where suit dismissed procedurally.
* Service/notification – hearing dates entered on ECCMIS taken as effective notification of parties.
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15 October 2025 |
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Slip-rule correction of a clerical plot-number error was proper; review application dismissed with no costs.
* Civil procedure – Review – Grounds for review: error apparent on the face of the record; discovery of new evidence; or any other sufficient reason.
* Civil procedure – Slip rule/inherent jurisdiction – Correction of clerical errors in judgment (land description) without inter partes hearing where matter not in dispute.
* Evidence – Court may rely on pleadings, scheduling notes, trial bundle and title documents to determine correct land description.
* Abuse of process – Allegations of repetitive unmeritorious applications noted but no costs awarded in this instance.
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15 October 2025 |
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Ex parte taxation upheld where appellant, duly notified, declined to attend and failed to obtain an adjournment.
* Taxation of costs – Ex parte taxation – Right to be heard – Service of taxation notice and pre-taxation meeting – Adjournment not automatic on counsel’s engagement – Court functus officio once ruling delivered.
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14 October 2025 |
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Application for leave to appeal dismissed for applicant’s non-appearance under Order 9, Rule 22; no costs.
Civil procedure – Dismissal for non-appearance – Order 9, Rule 22 CPR SI 71-1; Service of process – affidavit of service and telephone contact; Leave to appeal application – dismissal for failure to appear; Costs – no order for costs.
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13 October 2025 |
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Purchaser in possession with sale agreement and transfer form entitled to transfer, cancellation of administrator's special title, damages and costs.
Land law – Recovery of land against an intestate estate; Limitation – accrual of cause of action upon administrator's acts (refusal to transfer and procurement of special title); Succession law – suits against administrators; Contract law – validity of sale established by agreement, possession and transfer form; Equitable conversion – vendor as trustee; Registration of Titles – cancellation and vesting by Registrar.
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8 October 2025 |
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Suit dismissed for want of prosecution after plaintiffs failed to serve process or seek extension for over two years.
Civil procedure – dismissal for want of prosecution – failure to effect service of summons – no application for extension of time – Section 17(2) Judicature Act; Order 9 Rule 19(1) Civil Procedure Rules – dismissal with no costs.
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6 October 2025 |
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Appellant’s inconsistencies and an inter vivos deed of donation defeated claims; appeal dismissed for lack of merit.
* Civil procedure – first appeal – re-hearing duty of appellate court – striking out vague grounds.
* Constitutional/fair hearing rights – access to legal representation and right to interpreter in civil proceedings.
* Jurisdiction – pecuniary limits of Magistrate Grade I; sale consideration vs market value.
* Succession and property law – effect of an inter vivos deed of donation; when letters of administration are required.
* Evidence – effect of contradictory pleadings and voluntary admissions on credibility and ownership findings.
* Tort – trespass to land where buyer lawfully possessed and defendant interfered.
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6 October 2025 |
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Plaintiff proved UGX 53,000,000 paid and is entitled to refund with interest; full purchase price not proved, so no breach.
* Contract of sale – proof of payment – acknowledged receipts required to establish full consideration paid. * Burden of proof – plaintiff must prove payments even if defendant does not call witnesses. * Remedy – restitution of proved payments with interest; no general damages where restitution adequate. * Evidence – unsigned payment breakdowns do not substitute for acknowledgements of receipt.
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6 October 2025 |
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Review application to set aside retrial order dismissed for lack of new evidence and no error apparent on the record.
• Civil procedure – Review under section 82 Civil Procedure Act and Order 46 CPR – requirements: new discovery, error apparent on face of record, or other sufficient reason.
• Appeal procedure – distinction between separate appeals and consequences of record mix-up; requirement for formal reinstatement where an appeal was dismissed.
• Evidence – what constitutes ‘new and important’ evidence and due diligence in discovery.
• Forged judicial documents – allegations of forgery are criminal matters for prosecuting authorities and do not automatically justify civil review remedies.
• Exercise of discretion – retrial ordered where lower court record legitimately unavailable.
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6 October 2025 |
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Court set aside dismissal for want of prosecution and reinstated the application after an unnotified change of hearing date.
Civil procedure – setting aside dismissal for want of prosecution – reinstatement of application where hearing date changed without notice – exercise of judicial discretion in interest of justice – timetable for filings.
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6 October 2025 |
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Application for extension of time dismissed for non-appearance after effective ECCMIS service was established.
* Civil Procedure – Electronic service via ECCMIS – transmission and validation of hearing date constitutes effective service of court documents.
* Civil Procedure – Non-appearance – Order 9, Rule 17 permits dismissal where neither party appears at hearing.
* Application – Extension of time – may be dismissed for non-appearance where effective service has been established.
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3 October 2025 |
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Registrar cannot cancel a certificate of title for alleged fraud without judicial determination; reinstatement requires full suit.
Land law – Registrar of Titles’ powers – cancellation of certificate of title – fraud allegation requires specific pleading and judicial determination; administrative cancellation for fraud beyond Registrar’s jurisdiction – audi alteram partem and notice requirements – remedy for title reinstatement requires civil suit or appeal – interim prohibition on further administrative steps.
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1 October 2025 |
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Fraudulent post-mortem transfers of land are void; plaintiff entitled to cancellation, restoration, injunction and damages.
Land law – Mailo title – Fraudulent post‑mortem transfers – Registration of Titles Act – Fraud attributable to transferee and registrar – Cancellation and restoration of entries – Devolution of intestate estate – Injunctions and damages.
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1 October 2025 |
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Plaintiffs' land suit struck out and dismissed for failure to disclose a cause of action; no costs ordered.
Land law; civil procedure — strike out of plaint — non-disclosure of cause of action; dismissal of suit; reliefs sought include injunction, declaration of occupation, cancellation of title and damages.
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1 October 2025 |