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Citation
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Judgment date
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| September 2025 |
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On first appeal the court found the appellant owned the disputed rental units and awarded rent arrears, setting aside excessive damages.
Land law – ownership dispute – evaluation of title deeds and rent receipts; appellate re-evaluation of conflicting evidence on first appeal; locus in quo — procedural requirements and admissibility; excessiveness of general damages.
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30 September 2025 |
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Proposed amendment introducing a new cause of action refused, but counterclaims consolidated to avoid multiplicity of suits.
* Land law – encroachment and reliefs – distinction between claim for vacant possession and claim concerning planned road access; amendment of pleadings – Order 6 r.19 – new cause of action and prejudice; consolidation of suits – Order 11 – avoidance of multiplicity where same parties and subject-matter; effect of consent judgment on related proceedings.
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30 September 2025 |
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Respondent held liable for trespass and vicarious liability; plaintiffs awarded UGX 80,000,000 and costs.
* Land law – Trespass – Unauthorised excavation and interference with possessory rights – locus in quo observations.
* Agency and vicarious liability – principal liable for agent/worker authorised to extract stones.
* Evidence – weight of expert valuation/survey reports where experts lack registration; court may still assess substance of evidence.
* Remedies – general damages and costs awarded for trespass and land damage.
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30 September 2025 |
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A strike-out application failed: plaint disclosed a cause of action, beneficiaries had locus to sue, and factual issues require trial.
* Civil procedure – strike-out application – plaint must disclose a cause of action – court considers plaint and annexures.
* Locus standi – beneficiaries may sue to preserve and protect an estate without letters of administration.
* Limitation – where fraud is alleged time runs from discovery; accrual date must be ascertained at trial.
* Jurisdiction – Land Division may hear estate-related claims that involve land fraud and cancellation of title.
* Electronic filing – e-payment of court fees valid and filing confirmed by ECCMIS.
* Factual defences (adverse possession, estoppel) inappropriate for determination on strike-out application.
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30 September 2025 |
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Applicant failed to satisfy statutory conditions for a vesting order; application dismissed for lack of proof.
Registration of Titles Act – vesting orders – requirements: sale, full payment, purchaser in possession with vendor acquiescence, transfer unobtainable – primacy of Registrar/Commissioner – applicant should first apply to Registrar – strict burden of proof – failure to prove possession, payment or futile tracing of vendor – application dismissed.
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30 September 2025 |
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Leave to amend plaint refused where cause of action unchanged despite change in land registration; status quo remedy available without amendment.
Civil procedure — Amendment of pleadings — Order 6 r.19 CPR; Section 98 CPA — amendments allowed to determine real issues; not allowed if mala fide, causes injustice, multiplicity, or introduces distinct cause of action — change of land registration does not automatically justify amendment; relief may be obtained by orders.
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30 September 2025 |
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Application to set aside ex parte decree dismissed for late service, lack of proof of prevention, and prior dismissal for want of prosecution.
Civil procedure — Service of summons — O.5 r.1(2) — late service renders application defective; ECCMIS does not cure unsigned or improperly served summons; O.9 r.27 — setting aside ex parte decree requires proof of lack of service or sufficient cause; duty of litigant to diligently follow up counsel; dismissal for want of prosecution seals the matter — recourse by appeal or fresh action.
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30 September 2025 |
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A miscellaneous appeal was dismissed for want of prosecution under Section 17(2) of the Judicature Act, with no costs.
* Civil procedure – dismissal for want of prosecution – application of Section 17(2) of the Judicature Act; case management and prevention of backlog; discretion as to costs when dismissing for inaction.
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29 September 2025 |
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Plaint dismissed: purchaser’s acquisition was subject to kibanja interests and plaint failed to disclose a cause of action.
Land law – Mailo tenure and kibanja (tenant by occupancy) rights; sale of registrable interest – purchaser takes subject to existing kibanja interests; consent of kibanja holder not required for sale; cause of action – requirements for plaint to disclose a cause of action; pleading and evidence of threatened eviction and fraud.
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26 September 2025 |
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Court conditionally stayed execution pending interlocutory appeal, requiring 25% security deposit into Court account.
Civil procedure – Stay of execution – jurisdiction to grant stay where appeal is against interlocutory decision; Rule 6(2)(b) Court of Appeal Rules; requirements for stay (notice of appeal, substantial loss, prompt application, security); interlocutory appeal not necessarily overtaken by subsequent judgment; conditional stay on provision of security (25% of award).
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23 September 2025 |
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The court upheld the respondent's kibanja (occupational) interest over the applicant's registered title and dismissed the appeal.
Land law – registered/legal title versus kibanja (occupational) interest; bona fide occupancy and busulu evidence; pleading and proof of fraud; admissibility and weight of imperfect testamentary/gift documents; equity looks to intent rather than form.
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23 September 2025 |
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Court consolidated two land suits with identical issues, ordering an amended plaint filed and served within 14 days; costs to abide outcome.
Civil procedure – consolidation of suits – Order 11 r.1 CPR – inherent power of court under Section 98 Civil Procedure Act – avoidance of multiplicity of proceedings – requirement of common questions of law and fact – procedural fairness and service.
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23 September 2025 |
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Court declared respondents in civil contempt for obstructing and undermining enforcement of an unsuspended judgment, awarding a UGX 20,000,000 fine.
Contempt of Court – civil contempt for disobedience and undermining enforcement; self-executing orders and execution without formal process; Advocates Act s.14A – protection of clients’ pleadings despite advocate’s practising certificate lapse; standard of proof higher than balance of probabilities but below beyond reasonable doubt; monetary penalty as coercive remedy.
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23 September 2025 |
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Whether four connected suits over the same land, including a refund claim, should be consolidated for joint determination.
Consolidation of suits – Order 11 Rule 1 CPR – common questions of law and fact – proprietary title disputes and refund claim arising from same land – risk of conflicting orders – no dilatory conduct – costs in cause.
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22 September 2025 |
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Court refused to set aside temporary injunction, finding a prima facie case and risk of irreparable harm favoring the respondent.
Civil procedure — interlocutory injunction — requirements for grant: prima facie case, irreparable injury, balance of convenience; res judicata — dismissal on preliminary point does not decide merits; preservation of status quo pending related appeals and interim orders.
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22 September 2025 |
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Instruction fees for taxation are based on the value at filing (pleadings/valuation), not later valuations.
Advocates’ fees — Taxation — Value of subject matter for instruction fees determined from pleadings or valuation as at time of filing; post‑filing valuations not generally applicable; taxing officer’s discretion only disturbed if manifestly wrong or unjust.
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19 September 2025 |
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19 September 2025 |
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A review application filed against a deceased party was a nullity, amounted to a disguised appeal and was dismissed with costs.
* Civil procedure – Review of judgment – Grounds for review include error apparent on face of record, discovery of new evidence, or sufficient cause – standard for error on face of record is manifest and obvious error. * Civil procedure – Proceedings instituted against a deceased person are null and void ab initio; substitution by amendment does not cure nullity after letters of administration have been granted. * Civil procedure – Review vs appeal – re-evaluation of evidence is matter for appeal; disguising an appeal as a review is abuse of process. * Civil procedure – Inordinate delay in bringing review (five years) without explanation can justify dismissal.
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18 September 2025 |
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Applicant failed to prove respondents' knowledge and disobedience necessary for contempt; application dismissed with costs.
* Contempt of court – Elements: lawful order, knowledge, and disobedience – Applicant must prove all elements.
* Evidence – Unrebutted affidavit averments are deemed admitted.
* Land/registration – Caveats, Commissioner for Land Registration processes distinguished from contempt proceedings.
* Relief – Application for contempt dismissed where knowledge and disobedience not established.
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18 September 2025 |
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Stay of execution granted pending appeal, conditional on applicant paying UGX 10,000,000 security.
Civil procedure – Stay of execution – Conditions for stay (notice of appeal; imminent execution; substantial loss; promptness; security) – Security required for due performance of decree – Stay granted upon payment of UGX 10,000,000 pending appeal.
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18 September 2025 |
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Stay of execution struck out for failure to pay court fees and rendered moot by reinstatement of names on title.
Interlocutory application — stay of execution pending appeal — non-payment of court filing fees; endorsement requirement — court’s discretion under Judicature (Court Fees) Rules — mootness where decree already executed (reinstatement of names on title).
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17 September 2025 |
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Expiry of a lease does not necessarily render a suit moot where the legality of re-entry and termination remains a live controversy.
Mootness — whether expiry of a lease by effluxion of time renders proceedings academic; Justiciability of legality of re-entry and termination of lease; Remedies post-expiry (damages, compensation under statute); Court's power to correct clerical/error rulings under Sections 98 and 99 Civil Procedure Act; Withdrawal of proceedings — requirement of leave where defence filed (Order 25).
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16 September 2025 |
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A family land dispute in which the court held the defendant was a trespasser and ordered them to vacate the disputed kibanja.
Land law – Family land disputes – Kibanja/occupant’s rights – Proof of possession and ownership – Trespass – Burden of proof – Section 35(8) Land Act – Effect of registered title on bona fide occupant – Remedies and damages.
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12 September 2025 |
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The defendant unlawfully interfered with the plaintiffs' property rights without complying with compulsory acquisition procedures, warranting damages.
Land Law – Compulsory acquisition – procedure under Constitution and Land Acquisition Act – requirement for compensation – effect of caveat emptor and statutory instruments – unlawful interference with proprietary rights – damages for interference without lawful acquisition.
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12 September 2025 |
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The plaintiffs’ suit was dismissed as res judicata because a prior judgment had already determined the parties’ rights over the land.
Res judicata – Civil Procedure Act s.7 and Explanation 4; issue deemed directly and substantially in issue where it might or ought to have been raised in former suit; mortgage registration on land discovered post-judgment; appropriate remedy for newly discovered evidence — review application; dismissal under O.6 r.29 Civil Procedure Rules.
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11 September 2025 |
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Application dismissed under O.9 r.17 CPR for failure of parties and counsel to attend a hearing fixed at the applicant’s request.
Land procedure — Non-attendance at fixed hearing — Court’s power to dismiss proceedings — Order 9 r.17 Civil Procedure Rules — Failure to prosecute/attend.
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11 September 2025 |
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A suit seeking to revisit previously litigated land issues without joining all administrators was struck out as frivolous and vexatious.
Civil procedure – striking out of plaint – filing timelines for affidavits in reply – res judicata – necessity of joining all administrators as parties – abuse of court process – frivolous and vexatious proceedings – proper procedure for challenging decisions of land registry authorities.
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10 September 2025 |
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A party in contempt of court cannot be heard on related applications until purging their contempt of court orders.
Contempt of court – right of audience – application for stay of execution – whether contemnor may be heard before purging contempt – jurisdiction to dismiss application where previous orders remain unfulfilled.
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10 September 2025 |
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A non-existent school management committee lacks capacity to sue, rendering its application inadmissible for want of locus standi.
Civil procedure – locus standi – school management committees – capacity to sue – statutory requirements – non-existence of legal entity – Education Act and regulations – preliminary objection upheld.
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9 September 2025 |
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A non-existent school management committee lacks capacity to sue or be sued and cannot be ordered to pay or receive costs.
Civil procedure – Legal capacity – locus standi – educational institutions – non-existent management committees – stay of execution – costs – mootness
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9 September 2025 |
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9 September 2025 |
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No appeal lies against a High Court revision decision under Section 83 of the Civil Procedure Act; application dismissed for non-appearance.
Civil Procedure – Revision decisions – Finality – No right of appeal from High Court revision under Section 83, Civil Procedure Act – Non-appearance and dismissal – Order 9, Rule 22, Civil Procedure Rules.
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5 September 2025 |
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Application dismissed under Order 9 r.17 CPR for parties' non-attendance with no reason offered.
Civil procedure – dismissal for non-attendance – application dismissed under Order 9 rule 17 CPR where all parties failed to attend and no reason was given.
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4 September 2025 |
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Subdivision and transfer of suit land in violation of an interim court order amounted to contempt, warranting a fine against the respondents.
Contempt of court – Interim injunction – Subdivision and transfer of land in breach of court order – Limitation of remedy where third-party interests have arisen – Fines as penalty for contempt – Administration of estates – Abuse of process – Procedural objections in contempt proceedings.
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4 September 2025 |
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A stay of proceedings cannot be granted where no competent appeal exists and no exceptional circumstances are demonstrated.
Civil Procedure – Stay of proceedings – Requirements for competent appeal – Exceptional circumstances – Late filing of documents – Consequences of non-compliance with procedural timelines.
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3 September 2025 |
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Executors substituted as parties under Order 24 CPR after plaintiff's death; applicants ordered to pay application costs.
* Civil procedure – Substitution of parties – Order 24 CPR – Executors substituted for deceased plaintiff to enable continuation of suit; service refusal not fatal to application. * Costs – applicant ordered to pay costs of substitution application.
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3 September 2025 |
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An application was dismissed with costs due to non-appearance by the applicants and their advocates.
Civil Procedure – Dismissal for non-appearance – Order 9 Rule 22 CPR – Non-attendance of applicant and counsel – Application dismissed with costs.
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3 September 2025 |
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Court appointed a legal representative for a deceased defendant and set aside an ex parte order to ensure fair defence.
Civil Procedure – Substitution of party – Appointment of legal representative for deceased defendant – Setting aside ex parte order – Validation of written statement of defence
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3 September 2025 |
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Court validated an amended appeal and allowed late service, holding that counsel’s error in party names should not prejudice the applicant.
Civil procedure – amendment of pleadings – memorandum of appeal – rectification of party names – validation out of time – effect of advocate’s error – inherent powers of court to ensure justice.
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3 September 2025 |
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A court may order eviction and damages for continuing trespass where boundary encroachment is established by survey evidence.
Land law – boundary disputes – trespass to land – continuing tort – limitation of actions – eviction orders – survey evidence – damages for trespass – burden of proof – effect of failure to plead adverse possession.
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3 September 2025 |
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A suit instituted against a deceased person is a nullity and ex parte proceedings irregularly obtained may be set aside for fair hearing.
Civil procedure – Suit against deceased person – Proper parties to proceedings – Setting aside ex parte judgment – Substituted service – Enlargement of time to file defence – Fair hearing requirements.
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1 September 2025 |