Supreme Court of Uganda - 2011 November

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7 judgments

Citation	Judgment date
November 2011
Housing Finance Bank & Anor v Musisi [2011] UGSC 26 (21 November 2011)	21 November 2011
Nsereko & Ors v Bank of Uganda [2011] UGSC 17 (21 November 2011) Application to adduce new evidence and vary a final Supreme Court judgment was incompetent and struck out; parties bear their own costs. Supreme Court practice — admissibility of additional evidence after final disposal of appeal; Rule 30(1) prohibition on taking additional evidence in appeals from Court of Appeal; Rule 2(2) inherent powers — limits and finality of judgments; competency of application to recall or vary final Supreme Court judgment.	21 November 2011
Dr. Sheikh Ahmed Mohammed Kisuule v GreenLand Bank ( In Liquidation) [2011] UGSC 13 (14 November 2011) Appeal struck out for lack of required leave to appeal and forgery of the court record; costs to respondent. Civil procedure – review applications – appealability – where an application for review is refused leave to appeal is required; failure to obtain leave renders an appeal incompetent. Civil procedure – essential steps – Rule 78 (strike out) – non-compliance with mandatory procedural step defeats appeal. Professional conduct – alteration/forgery of court record by counsel – serious misconduct warranting reporting to Law Council.	14 November 2011
Monday Eliab v Attorney General [2011] UGSC 12 (14 November 2011) Appeal allowed: frustration not pleaded or proven; hirer remained constructively in possession and liable for hire from April 1998 to January 2000. * Contract law – frustration – party asserting frustration must plead and prove destruction or impossibility; damage alone is insufficient. * Evidence – burden of proof on party alleging frustration; burden shifts if proved. * Hire of chattels / bailment – hirer’s duty to return chattel; constructive possession continues unless lawfully terminated. * Mitigation of loss – claimant not penalised where reasonable mitigation efforts were made.	14 November 2011
Monday v Attorney General (Civil Appeal 16 of 2010) [2011] UGSC 33 (14 November 2011) Whether frustration was pleaded and proved, and whether respondent remained liable for hire until vehicle’s release. Contract law — hire of chattel; frustration — pleading and burden of proof; damage versus destruction of subject matter; custody/bailee obligations; entitlement to hire charges, mitigation and interest.	14 November 2011
Mulowooza v Shah &Co Ltd (Civil Appeal 26 of 2010) [2011] UGSC 29 (14 November 2011) An amendment elaborating particulars of fraud did not create a new cause of action; lack of communication of a Ministerial decision prevented loss of limitation defence. Civil procedure — Amendment of pleadings — Whether amendment substitutes new cause of action or elaborates particulars — Order 6 r.19 and Order 2 r.8(1) CPR; Land law — Service/communication of administrative decision under Expropriated Properties Act s.15(1) — Effect on limitation; Joinder of Attorney General — where necessary to determine real questions; Costs — awarded to successful appellant/respondent who obtains leave to amend.	14 November 2011
Muwolooza & Brothers v N. Shah & Co. Ltd [2011] UGSC 11 (14 November 2011) Whether a plaint’s amendment merely elaborates pleadings or improperly defeats a statutory limitation defence. Civil procedure – Amendment of pleadings – whether amendment introduces new cause of action or merely elaborates particulars; joinder of Attorney General. Limitation – Expropriated Properties Act s.15(1) appeal period runs from communication; defective service (defunct address) prevents running. Administrative decisions – Ministerial acts under Expropriated Properties Act are administrative and do not oust High Court jurisdiction. Costs – successful party entitled to costs on appeal allowing amendment.	14 November 2011