Results.
25 judgments found.
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December 2014
2 December 2014
November 2014
28 November 2014
28 November 2014
Whether a stay should protect an intestate estate and allow administrators pendente lite to preserve assets pending appeal.
Civil procedure — Stay of execution — Requirements: notice of appeal, likelihood of success, irreparable harm — Preservation of estate pending appeal
Succession law — Administrators pendente lite — Power to appoint and role in preserving deceased’s estate and business pending grant of letters of administration
26 November 2014
October 2014
24 October 2014
August 2014
Appeals from single-Justice Court of Appeal interlocutory orders must be referred to a three‑Judge bench.
Civil procedure — Appeals and interlocutory orders — Jurisdiction to appeal single-Justice Court of Appeal decisions — Requirement to refer to three‑Judge bench under Judicature Act s.12(2)
21 August 2014
21 August 2014
July 2014
Whether monies paid to former counsel under an invalid compromise can be treated as part-payment of the decretal amount.
Civil procedure — Execution and implementation of judgment — Whether monies paid to former counsel under an invalid compromise may be treated as part-payment of the decretal sum — Inherent powers of the Court
Professional conduct / Trusts — Advocates holding client money — Recovery of funds from former advocates who are not parties to appellate proceedings
10 July 2014
Civil Remedies|Injunctions and interdicts|Temporary Injunction
10 July 2014
Civil Procedure|Actions and applications
3 July 2014
3 July 2014
Civil Procedure|Actions and applications|Evidence Law
3 July 2014
3 July 2014
June 2014
Minister lawfully closed a workshop promoting prohibited homosexual acts; personal suit against the minister struck out.
Constitutional law — Fundamental rights — Freedom of expression, assembly and association — Limitation in public interest to protect morals — Article 43 Uganda Constitution
Criminal law — Offences against morality — Promotion, incitement and conspiracy to commit unlawful/unnatural offences — Penal Code ss145, 21, 390–392
Civil procedure — Legal capacity and liability — Official acts of a Minister — Vicarious liability of the Attorney General; personal suit incompetent
24 June 2014
20 June 2014
12 June 2014
The appellants' soliciting conviction was quashed; convictions for accepting a bribe and abusing office were upheld.
Criminal law — Anti‑corruption
— Soliciting gratification — Charge particulars must be proved as laid in the indictment
— Acceptance of gratification — Corroborated trap evidence can prove corrupt acceptance
Criminal law — Abuse of office — Opening police file and threatening prosecution to extract money constitutes abuse and common intention
5 June 2014
May 2014
15 May 2014
Applicant's delayed attempt to vary the Supreme Court judgment to protect a third party's land was dismissed; proper remedies are objector proceedings or a fresh suit.
Civil procedure
— Recall/variation of Supreme Court judgment — Scope and limits of powers under Rules 2(2) and 35 — "at any time" subject to reasonable time and due diligence
— Execution of decree — Remedy for alleged wrongful inclusion of third‑party land — Objector proceedings (s.31(1) Civil Procedure Act) / Order 22 rule 50 or fresh suit
— Delay — Inordinate delay bars relief under recall/correction applications
15 May 2014
March 2014
Supreme Court admitted IGG report to elucidate a summary on record, reserving the receivership question for the main appeal.
Civil procedure — Appeal — Admission of evidence — Inherent powers to admit evidence to elucidate existing record — Judicature (Supreme Court) Rules Rule 2(2) and Rule 30
Administrative law — Inspectorate of Government investigations — Investigation into alleged forged consent judgment — Admissibility and relevance of IGG report
Company law — Receivership — Capacity to sue — Issue left for determination in the main appeal
25 March 2014
Article 83(1)(g)(h) causes loss of seat for party-switching, not automatic nullification of later nominations.
Constitution — Article 83(1)(g)(h): change of party allegiance — sanction is loss of seat, not automatic nullification of future nominations; Constitutional interpretation — generous/purposive approach; Vacancy determination — Article 86 and Parliamentary Elections Act procedures; Nomination validity — governed by Parliamentary Elections Act (s.13).
25 March 2014
25 March 2014
The court ruled no genuine property sale occurred, maintaining plaintiffs' ownership rights.
Property Law — Alleged sale of property — Non-existence of genuine sale — Power of attorney — Tenant management.
25 March 2014
Appeal allowed and remitted after Court of Appeal breached fair hearing by including a judge who did not hear the appeal.
Civil procedure
— Appellate procedure — Coram and delivery of reserved judgments — Judges who decide must have participated in the hearing — Rule 33 of the Court of Appeal Rules
— Appeals — Raising new grounds (illegality) on appeal — Appellate court must afford respondent opportunity to be heard — Rule 102(c)
Constitutional law — Right to fair hearing — Appellate procedure affecting impartiality and fairness — Article 28(1) of the Constitution
25 March 2014
25 March 2014
