Supreme Court of Uganda - 1991 April

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10 judgments

Citation	Judgment date
April 1991
Kanyike v Uganda (Criminal Appeal 34 of 1989) [1991] UGSC 22 (19 April 1991)	19 April 1991
Lawrence Kyazze Musiitwa v Eunice Busingye (Civil Appeal 13 of 1990) [1991] UGSC 11 (19 April 1991) Supreme Court addresses cost responsibilities following partial success in appeal, modifying the High Court's costs award. Civil procedure – costs – appeal against High Court ruling – partial success in appellate outcome – cost determination in absence of clear order in judgment.	19 April 1991
Robert Kavuma v Hotel International Ltd (Civil Appeal No. 8 of 1990) [1991] UGSC 33 (19 April 1991) O.37 r.4 powers to discharge interlocutory injunctions are wide but limited; courts must not re‑hear merits or admit fresh evidence. Civil procedure – interlocutory injunctions – O.37 r.4 discharge of injunction – scope and limits of court’s power – must observe principles for granting injunctions (prima facie case/probability of success, irreparable harm, balance of convenience) – court should not re‑hear merits or admit fresh evidence unavailable at original hearing; property law – challenge to registered title by allegation of fraud under Registration of Titles Act.	19 April 1991
Attorney General v Oriental Construction Co. Limited (Civil Application 19 of 1990) [1991] UGSC 18 (18 April 1991)	18 April 1991
Attorney General v Oriental Construction Co. Limited (Civil Application 7 of 1990) [1991] UGSC 30 (18 April 1991)	18 April 1991
Attorney General v Oriental Construction Co Ltd [1991] UGSC 15 (18 April 1991) An enforceable oral contract was found; the respondent failed to prove payment and the case was remitted to quantify the award. Contract — existence and terms may be inferred from parties’ conduct where dealings are informal; Burden of proof — once plaintiff establishes contract and performance, defendant must prove payment; Evidence — informal records may be admissible but unchallenged oral admissions may amount to part payment; Remedies — damages, interest (30% from date agreed balance became due), and costs; Procedural — trial judge must state reasons when exercising discretion on costs.	18 April 1991
Attorney General v Oriental Construction Company Ltd (Civil Application 19 of 1990) [1991] UGSC 24 (18 April 1991) Extension of time to appeal granted where public importance and surrounding conduct justified setting aside earlier refusal. — Civil procedure: extension of time to file a notice of appeal — sufficiency of explanation for delay — conduct of State Attorney and effect on delay — public importance of appeal involving substantial foreign-currency judgment — exercise of discretion to grant extension.	18 April 1991
Attorney General v Oriental Construction Company Ltd (Civil Application 19 of 1990) [1991] UGSC 25 (18 April 1991) Extension of time to appeal granted where delay linked to unauthorized State Attorney conduct and public importance of large foreign‑currency award. Extension of time to appeal – delay due to unauthorized conduct of State Attorney – public importance where large foreign‑currency government liability – setting aside refusal to extend time.	18 April 1991
Kasule & Anor v Muhwezi [1991] UGSC 14 (18 April 1991) Respondent’s notice of appeal struck out for failing to institute the appeal within prescribed time and failing to justify delay. Civil procedure — Rules 80 and 81 — time for instituting appeal — requirement to lodge memorandum and record within 60 days; proviso excluding time for obtaining copies of proceedings requires a written request served on the respondent and registry endorsement; failure to take essential steps — notice of appeal struck out; delay attributable to pending High Court applications or alleged missing file does not excuse non-compliance without credible proof; costs awarded for dilatory conduct.	18 April 1991
Kavuma v Hotel International Limited (Civil Appeal 8 of 1990) [1991] UGSC 27 (12 April 1991)	12 April 1991