Supreme Court of Uganda - 1997 April

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9 judgments

Citation	Judgment date
April 1997
Jamal and Others v Uganda Oxygen Ltd and Others (Civil Appeal 64 of 1995) [1997] UGSC 4 (14 April 1997) Liability of Company Directors	14 April 1997
Oil Seeds (U ) Ltd v Udanda Development Bank (Civil Appeal 23 of 1995) [1997] UGSC 10 (14 April 1997) Court may remit or set aside an arbitral award under ss.11–12 of the Arbitration Act; awards are not necessarily final. Arbitration — Arbitration Act s.11 and s.12 — Court’s power to remit award for reconsideration and to set aside awards where arbitrator misconducted himself or arbitration improperly procured — Arbitral award not necessarily final and conclusive — Judicial intervention permissible in interests of justice.	14 April 1997
Damji v Damji & 2 Others (Civil Appeal 60 of 1995) [1997] UGSC 15 (11 April 1997)	11 April 1997
Richard Irumba v Florence Irumba (Civil Appeal 45 of 1995) [1997] UGSC 31 (11 April 1997) Whether Uganda applies the English matrimonial law as at reception (1904) or as updated, and effect on the three‑year petition rule. • Interpretation of "law applied in matrimonial proceedings in the High Court of Justice in England" under section 4 of the Divorce Act – reception date versus continuing reference to English law. • Application and qualification of imported English law under section 3(2) and 3(3) of the Judicature Act, 1967. • Effect of subsequent English matrimonial statutes on Ugandan divorce jurisdiction and procedure. • Procedural requirement as to time of presenting a petition for divorce and necessity of leave of the court.	11 April 1997
Rohindi Damji Sidra v Freny Damji Sidra and Others (Civil Appeal No. 60 of 1995) [1997] UGSC 29 (11 April 1997) Order for security for costs upheld where appellant abroad failed to prove substantial fixed assets in Uganda. Civil procedure – Security for costs – Plaintiff resident abroad – prima facie requirement for security unless substantial fixed assets in jurisdiction shown. Property – Speculative inheritance from unadministered estate does not constitute fixed, available assets for resisting security orders. Discretionary relief – Court may consider merits/prospects of success when ordering security for costs. Abuse of process – Mere poverty does not make security order oppressive; courts must guard against oppressive use but may still order security. Foreign judgments – Reciprocal enforcement requires statutory designation; absence of evidence of designation or foreign assets does not avoid security.	11 April 1997
Barclays Bank of Uganda Limited v Mubiru (Civil Application 9 of 1997) [1997] UGSC 23 (8 April 1997)	8 April 1997
Barugare v Attorney General (Civil Application 46 of 1992) [1997] UGSC 14 (7 April 1997)	7 April 1997
Sietco v Noble Builders (U) Limited (Civil Appeal 31 of 1995) [1997] UGSC 21 (3 April 1997)	3 April 1997
Sietco v Noble Builders (U) Ltd (Civil Appeal No. 31 of 1995) [1997] UGSC 28 (3 April 1997) Trial court’s discretion on pleadings, adjournments and evidence upheld; respondent awarded contract price and interest from filing date. Civil procedure — amendment of pleadings — misnomer and corrective amendments — leave to amend and consequences — discretion exercised by trial judge. Civil procedure — adjournments and framing of issues — court’s discretion and sufficiency of cause. Evidence — pleadings govern scope of admissible evidence — exclusion of evidence beyond pleadings and refusal to allow late amendment. Contract — construction contracts — substantial performance entitling recovery of contract price despite defects. Contract — extensions of time and consultant decisions affecting penalty for delay. Interest — awarding interest from date of filing suit under court’s discretion and Civil Procedure Act.	3 April 1997