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29,993 judgments
Citation
Judgment date
November 2025
Judgment on admission requires a clear, unconditional admission to the claim; factual admissions alone were insufficient, application dismissed.
Civil procedure – Judgment on admission (Order 13 r 6) – discretion to grant – requires clear, unambiguous admission to the claim; contextual reading of pleadings; admissions of facts not necessarily admissions of liability – offsets and contractual conditions may negate admission.
11 November 2025
Court extended expired letters of administration two years and ordered inventory filing within three months.
Succession law – Renewal/extension of Letters of Administration – Effect of section 337(2) and discretionary renewal under section 337(4); Administrator's duties – filing Inventory and Accounts; Beneficiary consent and satisfactory performance as factors for extension; Court-imposed conditions and time limits.
11 November 2025
Court extended expired letters of administration for two years, ordered inventory filing and corrected the decedent's name.
Succession Act — renewal/extension of Letters of Administration; statutory expiry under s.337(2) and extension under s.337(4); duty to file estate inventory and accounts; beneficiary consent; rectification of decedent's name.
11 November 2025
WhatsApp messages and bank transfers satisfied statutory writing requirement; plaintiff entitled to restitution for unjust enrichment (UGX 325,000,000 plus interest).
* Contracts Act s.10(5) – sufficiency of writing – informal writings (WhatsApp, bank transfers) may be pieced together to satisfy statutory writing requirement; * Restitution / unjust enrichment – money had and received for total failure of consideration; test whether defendant has legal basis to retain benefit; * Evidence – corroboration of oral testimony by predispute documents; * Set‑off – counterclaim damages set off against plaintiff’s restitution; * Interest and costs – discretionary award where litigation prolonged.
11 November 2025
Court allowed amendment of a generalized memorandum of appeal under Section 98, finding no undue prejudice and ordering costs to applicant.
Civil procedure – amendment of memorandum of appeal – Section 98 Civil Procedure Act – discretion to allow amendments – must be exercised judiciously; Appeal grounds – need for specificity; Prejudice – balancing delays against resolving substantive land disputes; Affidavit in reply – no statutory deadline for filing; late filing not automatically struck out.
11 November 2025
Application for stay of execution dismissed: appeal pending but no demonstrated likelihood of success or irreparable harm.
Stay of execution – pending appeal – requirement to show likelihood of success, imminent threat of execution, irreparable harm and absence of unreasonable delay; monetary decrees ordinarily reversible; security for due performance.
11 November 2025
Counsel’s late attendance amounted to sufficient cause; dismissal set aside and application reinstated.
Civil procedure – setting aside dismissal for non-appearance – Order 9 Rule 23(1) – sufficient cause – counsel's default – inherent jurisdiction (s.98 CPA) – reinstatement.
11 November 2025
Applicant demonstrated bona fide triable issues; unconditional leave to appear and defend in summary suit granted.
Civil procedure – Summary procedure (Order 36) – Leave to appear and defend – Requirement to show bona fide triable issue – Distinction between triable issue and merits – Loan indebtedness and restructuring dispute.
11 November 2025
Applicants failed to show arguable grounds for leave to appeal a reinstatement order setting aside a dismissal.
* Civil procedure – Leave to appeal – Applicant must show arguable grounds/prospects of success for leave to appeal (Order 44 r2). * Civil procedure – Service of interlocutory processes – court’s power to enlarge time; leave to serve out of time (section 96; Order 51 r6). * Civil procedure – Dismissal under Order 9 r17 and setting aside under Order 9 r18 – sufficient cause and exercise of discretion. * Evidence – Alleged hearsay objection weakened where decision rests on non-notification and court record. * Abuse of process – Re-litigating an issue already determined by trial court may constitute abuse.
10 November 2025
A review application that re‑argues substantive or jurisdictional grievances is a disguised appeal and will be dismissed absent an error apparent on the record.
* Civil procedure – Review under Order 46/section 82 – error apparent on face of record, new evidence or other sufficient reason required; review not to serve as disguised appeal. * Corporations – lifting the corporate veil – liability of non‑parties and standard of proof. * Jurisdiction – substantive jurisdictional complaints are appealable. * Delay and diligence – failure to seek timely review/enlargement of time may lead to dismissal. * Execution proceedings and alleged abuse of process.
10 November 2025
Acquittal for aggravated defilement due to insufficient, uncorroborated and medically inconclusive prosecution evidence.
* Criminal law – Sexual offences – Aggravated defilement – prima facie case requirement under Section 74(1) Trial on Indictments Act; Bhatt v R test. * Evidence – Child complainant evidence – need for corroboration and caution. * Medical evidence – hymenal absence without tears or semen is inconclusive; delay in reporting undermines forensic corroboration. * Evidence Act s30 – limits on admissibility of out-of-court statements in the absence of applicable exception.
10 November 2025
Appellant proved lineage title; respondents failed to prove acquisition and were adjudged trespassers; appeal allowed with costs.
Land law – ownership by lineage succession; burden of proof under Evidence Act; nemo dat quod non habet; failure to call key witness; trespass – unauthorized entry despite clan directive; striking out vague grounds of appeal.
10 November 2025
Agreement terminated lawfully after plaintiffs received notice (via WhatsApp) of title transfer and failed to pay within 14 days.
Contract law – interpretation of clauses requiring notice and time of essence; electronic communication (WhatsApp) as receipt of information/notice; lawful termination where buyer fails to pay balance within contractual 14-day period; remedy of refund for total failure of consideration; specific performance claim dismissed.
8 November 2025
Appeal dismissed for lack of service of the memorandum and for want of prosecution; respondents ordered to pay costs.
Civil procedure – Appeals – Service of memorandum of appeal – falls within timelines for service of process (Order 49(2), Order 5(2)) – affidavit of service required; Civil procedure – Appeals – Want of prosecution – prolonged inaction amounts to abuse of process – dismissal justified; Civil procedure – Registrar’s role under Order 43 r.31 versus party application to dismiss for want of prosecution.
7 November 2025
An innocent URA error misattributing a TIN must be remedied via statutory data-protection procedures; no civil damages awarded.
Data protection – application of the Data Protection and Privacy Act to public bodies; misuse/misattribution of TINs; correction procedures (s.16) and administrative complaint to the Authority (s.31); Tax Procedures Act s.55/s.66 – offence of using false TIN; innocent administrative error rectified by URA does not automatically give rise to civil damages.
7 November 2025
An affidavit sworn before an advocate not authorised to practise is invalid and vitiates proceedings, warranting dismissal on revision.
* Administrative and procedural law – Commissioner of Oaths (Advocates) Act – only practising advocates with valid practising certificates may act as commissioners for oaths; commission terminates on ceasing to practise. * Evidence – Validity of affidavits – an affidavit sworn before a person not authorised to act as commissioner of oaths is invalid and vitiates proceedings. * Civil Procedure – Order 19 r 3(1) – a defective supporting affidavit goes to the root of the application. * Revision – High Court’s powers under section 83 of the Civil Procedure Act to set aside proceedings founded on invalid affidavits.
7 November 2025
Suit abated for failure to take out summons for directions within the mandatory 28-day period under Order 11A.
Civil procedure – Order 11A, Rule 1(2) and (6) SI 71-1 – mandatory duty to take out summons for directions within 28 days – failure to comply results in abatement of suit; procedural compliance and consequences.
7 November 2025
Court ordered discovery of respondent’s 2022 bank statements as material to applicants’ defence, overruling procedural objections.
* Civil procedure – Discovery – Order 10 r.12 – Whether bank statements are discoverable when relevant to defence and within respondent’s control. * Discovery requisites – relevance/materiality, not privileged, possession/control, prior attempts to obtain. * Procedural objections – late submissions and contested rejoinder affidavit – Court’s discretion to avoid technicalities. * Privacy objection to bank statements considered but not pleaded as privilege.
7 November 2025
A purchaser who fails to investigate title cannot claim bona fide purchaser protection against testamentary beneficiaries.
Succession law – bequest to lineal descendant – operation of Succession Act; Land law – bona fide purchaser for value without notice – burden of inquiry and constructive notice; Conveyancing – defective sale agreement and inability of an administrator to pass good title; Contract law – invalid memorandum where underlying title defective; Remedies – declaratory relief, cancellation of registration, inventory and final account, damages and costs.
7 November 2025
Contempt claim dismissed because consent judgment relied on a separate agreement rendered void for uncertainty under s.22 Contracts Act.
Contracts – certainty of subject matter – agreement void for uncertainty (s.22 Contracts Act) – consent judgment dependent on separate agreement – contempt action precluded where underlying agreement unenforceable.
7 November 2025
Imperfect description of an individual defendant is a misnomer, not non-existence; objection overruled with costs.
Land practice—Preliminary objections—Non-existent party vs misnomer; capacity to sue and be sued; whether misdescription of an individual is fatal to suit; Order 1 r.10 amendment; test of reasonable reader.
7 November 2025
Limitation and adverse possession do not defeat a spouse’s matrimonial property rights in a subsisting customary marriage.
Family law – Customary marriage – Property acquired during marriage presumed matrimonial property; Limitation Act and adverse possession do not extinguish a spouse’s declaratory claim to matrimonial interest while marriage subsists; transfers of matrimonial land without consultation or dissolution are legally defective.
7 November 2025
Court declined to appoint an arbitrator and directed parties to agree or apply to ICAMEK within 20 days.
* Arbitration law – appointment of arbitrators – party autonomy – court intervention limited where institutional appointing authority exists (ICAMEK designated 23 April 2019). * Civil procedure – interlocutory relief – court to preserve arbitration agreement and refer parties to appointing authority where available. * Arbitration and Conciliation Act – Sections 2, 9 and 11 – role of appointing authority and limits on judicial appointment.
7 November 2025
An appellate court will not disturb a trial court’s refusal to award costs absent demonstrated abuse or overlooked matters.
* Civil Procedure — Costs — section 27 Civil Procedure Act — costs generally follow the event but are in the court's discretion. * Appellate review — interference with costs orders — only where discretion is not judiciously exercised or is abused. * Burden on appellant to show overlooked matters or improper exercise of discretion.
7 November 2025
A declaratory finding of equal interest did not vest ownership or justify a compensation or sale order; application dismissed.
* Civil procedure – interpretation of declaratory judgments – whether a declaration of equal interest confers ownership rights enabling consequential remedies such as sale or division. * Property law – partially executed purchase agreements – effect of outstanding purchase balance on remedial relief. * Remedies – compensation and refund claims where purchase obligations remain unfulfilled.
7 November 2025
A suit dismissed for want of prosecution may be reinstated where absence resulted from counsel’s honest mistake.
Civil procedure — Order 17 rule 5 (automatic abatement/scheduling conference) — reinstatement of suit dismissed for want of prosecution — counsel’s honest mistake — concurrent proceedings — costs in the cause.
7 November 2025
Whether contested land and shares form part of the deceased’s estate, validity of caveat, and appropriate administrators.
Succession law – determination of estate property; joint tenancy and right of survivorship; corporate personality and transmission of shares; validity and purpose of caveats in administration proceedings; fit and proper test for appointment of administrators.
7 November 2025
Whether the claimant was an employee or freelancer — court found freelancer and dismissed the employment claim.
Employment relationship – distinction between employee and freelance journalist; multi-factor test (control, integration, economic reality); payments per task and lack of PAYE/NSSF; identity cards and third‑party accreditation do not alone establish employment; proof of wages and salary arrears.
7 November 2025
Court granted administrators leave to file the estate inventory out of time for sufficient cause and beneficiary consent.
Succession Act s.273(1) – filing inventory – extension of time; sufficiency of cause; administrators’ duty; absence of dilatory conduct; beneficiary consent; mandatory contents and timeline for updated inventory.
6 November 2025
Applicant's transport difficulties and prompt action constituted sufficient cause to set aside dismissal and reinstate the appeal.
Civil procedure – Setting aside dismissal for non-appearance – Sufficient cause – Transport difficulties and counsel's engagement – Promptness in seeking redress – Article 126(2)(e) Constitution – Section 98 Civil Procedure Act – Section 33 Judicature Act – Right to be heard – Land disputes to be decided on merits.
6 November 2025
A single-judge's substantive finding cannot be corrected as a clerical error; omission on costs corrected to abide appeal.
Court of Appeal — correction of judgments — distinction between substantive errors and clerical/accidental slips — Rules 2(2), 35(2)(c), 36(1) of the Court of Appeal Rules — appropriate remedy under section 12(2) Judicature Act for single-justice decisions — correction of omission as clerical error — costs to abide appeal.
6 November 2025
Mandamus granted to compel land registration where registrar failed to act on presented transfer instruments.
Administrative law – Judicial review – Mandamus to compel performance of statutory duty – Registration of titles – Registrar’s duty to enter dealings – Failure to act where transfer instruments presented – Unopposed affidavit evidence – General damages not awarded for lack of proof.
6 November 2025
The applicants' expired letters of administration were extended for two years due to encroachment, pending suit and beneficiaries' consent.
* Succession Act – extension of letters of administration – applicability of Section 337(2) and (4) for grants issued before 31 May 2022. * Procedural irregularity – wrong citation of statute – wrong citation not fatal where court has jurisdiction and correct law applies. * Estate administration – encroachment, unlawful sales and pending litigation as sufficient cause to extend grant; beneficiaries’ consent relevant.
6 November 2025
Affidavits by the applicant’s State Attorneys were defective and Magistrates’ Court lacked jurisdiction under the Physical Planning Act; appeal dismissed.
Civil procedure – Affidavits – Order 19 Rule 3(1): affidavit must state facts within deponent’s knowledge or disclose source of information; hearsay inadmissible. Advocates – Professional conduct: counsel should not act as both advocate and witness in the same contentious matter. Administrative law – Physical Planning Act: internal multi‑tier review scheme culminating in High Court; exhaustion of administrative remedies and ouster of Magistrates’ Court jurisdiction for enforcement matters. Reinstatement – requires competent, properly supported application; absence of evidentiary foundation fatal.
6 November 2025
A stayed and reviewed decree precludes relying on it to impeach title; all interested parties must be joined in a fresh suit.
Land law – title disputes; effect of stayed/reviewed decree; necessity to join all interested parties before impeaching a certificate of title; allegations of fraud against absent parties; principles of natural justice and fair hearing in land transactions.
6 November 2025
Suit dismissed for want of prosecution where plaintiff failed to take steps to prosecute; no order as to costs.
Civil procedure – dismissal for want of prosecution – inherent power of the court – Judicature Act s17(2)(a) and Civil Procedure Act s98 – plaintiff’s duty to prosecute – failure to obtain issuance of summons – no order as to costs.
6 November 2025
A pending JSC complaint alone does not prima facie render a trial judge’s court non-independent or biased.
Constitutional reference – Article 137(5)(a) and (b) – requirement of a prima facie substantial question of constitutional law before referral; Judicial Service Commission complaint – pending complaint against trial judge does not, without more, disqualify the court or mandate constitutional referral; Fair trial – perception of bias vs. demonstrable basis for referral; Articles 28(1) and 44(c).
6 November 2025
Applicant granted unconditional leave to defend amid triable disputes on service, quantum, illegality, fraud and security.
Civil procedure – summary suit – leave to appear and defend – discretion to enlarge time; service of summons – validity and affidavit of service; bona fide triable issues – fraud, forgery, misrepresentation, undue influence; disputed quantum and account; alleged unlicensed money‑lending and illegality of interest; disputed security and caveat; dual commissioning of affidavits – weight not fatal.
6 November 2025
Administrative delay by the lower court justified extending time for the applicant to file an appeal.
Civil procedure – extension of time to appeal – Section 79(1)(b), Section 96 and 98 Civil Procedure Act; Order 51 Rules – administrative delay in preparing certified records as sufficient cause; requirement that intended appeal be arguable; costs to abide outcome.
6 November 2025
Judicial review focuses on process; interdisciplinary degree valid as related specialization, so appointment upheld.
Administrative law – Judicial review – scope limited to procedural fairness, legality and rationality, not merits; exhaustion of remedies excused where internal remedies are fettered or unaddressed; public appointments – qualifications – interdisciplinary degrees may constitute 'related specialization' under advertised criteria; consultations with technical bodies and accrediting institutions relevant to lawfulness of appointment.
5 November 2025
Failure to take out mandatory summons for directions within 28 days led to abatement of the plaintiff’s suit.
Civil procedure – Order 11A, Rule 1(2) and Rule 1(6) – summons for directions – mandatory compliance – failure to take out summons for directions within 28 days results in abatement of suit.
5 November 2025
Revision under section 83 unavailable where decision is appealable; proper remedy is an appeal, not revision.
Civil Procedure Act s.83 – Revision limited to jurisdictional defects, illegality or material irregularity; Appeal vs revision – decisions requiring review of evidence are appealable; Matrimonial home/children’s interests – trial court discretion to protect children’s housing needs.
5 November 2025
Majority beneficiary consent justified a two‑year extension of letters and removal of an uncooperative administrator.
* Succession Act – extension of Letters of Administration – application under section 337(4) – majority beneficiary consent. * Succession Act – removal/amendment of administrators – effect of beneficiaries withholding consent under section 256. * Estate administration – filing of inventory out of time – court may direct filing within specified period. * No costs order where court exercises discretion in estate administration matters.
5 November 2025
Supreme Court has no jurisdiction where Court of Appeal struck out appeal; injunction application dismissed with costs.
* Appellate jurisdiction – Supreme Court – scope under section 6(1) Judicature Act – second appeals only from Court of Appeal decisions that confirm, vary or reverse High Court decisions on merits. * Civil procedure – effect of striking out an appeal for procedural default – does not confer Supreme Court jurisdiction. * Interim relief – requirements for temporary injunction on appeal (prima facie case, irreparable harm, balance of convenience) and their application where underlying claim was time‑barred. * Limitation – dismissal on limitation grounds extinguishes the cause of action; procedural appeals cannot resuscitate it.
5 November 2025
Consequential order to alter title refused where court-ordered survey was not properly conducted or defining the awarded 60 acres.
Land registration; consequential orders under Section 161 Registration of Titles Act; requirement that court-ordered survey be conducted by district surveyor and identify judgmented boundaries; failure to comply invalidates consequential order application.
5 November 2025
First accused convicted on positive identification; second accused acquitted for lack of evidence of participation.
Criminal law – Aggravated robbery – Elements: theft, threat/use of violence, deadly weapon – Identification evidence and alibi – Common intention – Acquittal where participation not proved.
5 November 2025
Failure to attend ordered cross‑examination justified striking the affidavit, dismissal and entry of default judgment against the applicants.
Civil procedure – non‑compliance with court orders – failure to attend court‑ordered cross‑examination – striking off affidavit; Commercial Court Practice Directions (Direction 7) – dismissal for non‑compliance; default judgment entered for failure to prosecute.
5 November 2025
Dismissal found procedurally unfair but substantively justified; limited compensation and service award granted.
Employment law – dismissal for misconduct – procedural fairness (particulars in Offence Notification Form; adequate notice; disclosure of investigation report; right to test evidence/cross‑examine) – substantive fairness (genuine belief on balance of probabilities; Burchell/Kigula tests) – concurrent criminal proceedings do not determine employment outcomes.
4 November 2025
Appeal dismissed; court upheld that the appellant’s hotel was not ready for occupation and breached the contract.
Contract — breach for failure to provide facilities by agreed date; proof of readiness — documentary and oral evidence; admissibility and weight of audit reports; occupation permit — evidential value affected by contradictions; contract rates — deviation supports damages; unpleaded facts inadmissible on appeal; burden of proof not shifted.
4 November 2025
Executing court improperly quashed certificates based on post‑judgment material; mandamus to enforce clear decretal rights granted.
Execution against Government – certificates of order – limits of execution; mandamus to compel government payment; functus officio of executing court; inadmissibility of post‑judgment extraneous evidence to undermine final judgment; suspension vs quashing of certificates.
4 November 2025