Supreme Court of Uganda - 2011 January

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9 judgments

Citation	Judgment date
January 2011
Goodman Agencies Limited v Hass (k) Limited (Civil Application 1 of 2011) [2011] UGSC 31 (27 January 2011) Applicant failed to show respondent's appeal lacked reasonable prospects despite evidence suggesting inability to pay; application for security dismissed. Security for costs – Rule 101(1)(b) Supreme Court Rules; Companies Act s.404 – power to require security where limited company likely unable to pay costs; burden on applicant to justify further security; foreign company with no known assets/address; prospect of success on appeal as limiting factor.	27 January 2011
Goodman Agencies Ltd v Hasa Agencies Ltd (Civil Application 1 of 2011) [2011] UGSC 22 (27 January 2011)	27 January 2011
Horizon Coaches Ltd v Edward Rurangaranga & another (Civil Appeal 14 of 2009) [2011] UGSC 2 (27 January 2011)	27 January 2011
Cairo International Bank v M. Janjua (Civil Appeal 3 of 2010) [2011] UGSC 30 (25 January 2011) Bank's guarantee enforceable despite undated tax-clearance condition; interest reduced to 10% from High Court judgment; appeal dismissed. Guarantee – interpretation of written guarantee and undated condition precedent – tax clearance certificates – condition relating to assets only – Income Tax Act s.166(2) (capital assets disposed before 1 April 1998) – demand under guarantee (form of demand) – evaluation of evidence – award and timing of interest.	25 January 2011
Cairo International Bank vs Sadique [2011] UGSC 27 (25 January 2011) A bank’s refusal to pay under a guarantee was wrongful where the tax‑clearance condition applied only to the assets and was superfluous. Guarantee – construction of guarantee and condition precedent; tax‑clearance condition held to relate to assets and rendered inoperative by Income Tax Act s.166(7); demand under a guarantee may be oral where instrument is silent; appellate discretion on interest awards (reduction to 10% p.a.).	25 January 2011
Chogm Tour Agents 2007(u) Ltd v Masaka Municipal Council,Local Government [2011] UGSC 4 (25 January 2011) Whether a late bidder had enforceable procurement rights and whether PPDA’s recommendations and temporary contract extension were lawful. Public procurement — PPDA authority and delegation — sections 90–91 and Regulations 136–140; validity of administrative meetings and recommendations; procurement process suspension and bidder status; regulation 57 — notification and bidder rights; locus standi for judicial review in procurement disputes.	25 January 2011
Nakisige Kyazike v Uganda [2011] UGSC 20 (25 January 2011) Murder conviction quashed where malice aforethought not proven; conviction substituted to manslaughter and sentence remitted for mitigation. Criminal law – homicide – murder vs manslaughter – proof of malice aforethought (Penal Code s.191) must be subjective and proved beyond reasonable doubt; inference of intent from circumstances; role of accused’s post-offence conduct and post-mortem evidence in negating intent.	25 January 2011
Dr.Ahmed Muhammed Kisuule v Greenland Bank (in liquidation) (Civil Application 7 of 2010) [2011] UGSC 5 (7 January 2011) Stay of execution refused for lack of leave to appeal and failure to show likelihood of success or irreparable harm. Civil procedure – stay of execution pending appeal under Rule 6(2)(b) of Supreme Court Rules; requirement to lodge notice of appeal (Rule 72); necessity of leave under Order 44(2) CPR for appeals from dismissal of review applications; need to show likelihood of success and irreparable loss; security for due performance.	7 January 2011
Kasaala Growers Co-operative Society v Jonathan,Kalemera Edson [2011] UGSC 6 (7 January 2011) Court granted extension to file appeal record out of time, finding prior striking-out technical and sufficient cause shown. Civil procedure – extension of time to file record and memorandum of appeal – adequacy of affidavit evidence – effect of advocates’ negligence – res judicata where prior application struck out on technical grounds.	7 January 2011