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) The appellant bank was held liable under its guarantee as the tax-clearance condition was superfluous; interest reduced to 10%. Bank guarantee — condition precedent — tax clearance certificates — interpretation of guarantee and sale agreement — Income Tax Act s.166(7) — enforceability of guarantee — form of demand — award of interest (reduction from 18% to 10%)	25 January 2011
Chogm Tour Agents 2007(u) Ltd v Masaka Municipal Council,Local Government [2011] UGSC 4 (25 January 2011) A late bidder lacked legal standing to judicially challenge a halted procurement; PPDA’s recommendations were lawful. Administrative law – Public procurement – PPDA powers and procedure; section 90–91 of Public Procurement Act; Regulations 136–140 and 57; validity of PPDA meetings and recommendations; bidder locus and late bid submissions	25 January 2011
Nakisige Kyazike v Uganda [2011] UGSC 20 (25 January 2011) Murder conviction quashed and substituted with manslaughter where malice aforethought was not proved beyond reasonable doubt. Criminal law – Homicide: murder vs manslaughter – Malice aforethought (intention to kill or knowledge death will probably result) – subjective inference from circumstances – proof beyond reasonable doubt – role of mitigating conduct and medical evidence on severity of injuries – substitution of conviction and remittal for sentencing	25 January 2011
Dr.Ahmed Muhammed Kisuule v Greenland Bank (in liquidation) (Civil Application 7 of 2010) [2011] UGSC 5 (7 January 2011) Stay denied where applicant failed to obtain leave to appeal and show likelihood of success or irreparable harm. Civil procedure – Stay of execution pending appeal – Requirement to obtain leave to appeal where review dismissed (Order 44 r.2 CPR) – Necessity of notice of appeal (rule 72) – Need to show likelihood of success and irreparable loss – Security for performance/costs	7 January 2011
Kasaala Growers Co-operative Society v Jonathan,Kalemera Edson [2011] UGSC 6 (7 January 2011) Court granted leave to file out-of-time appeal record, finding prior technical striking-out not res judicata; applicant to pay costs. Civil procedure — Extension of time to file record and memorandum of appeal — Leave to file out of time — Effect of prior striking out for defective affidavit — Agency/advocate negligence — Power of attorney and competency of affidavit from illiterate deponent	7 January 2011