Supreme Court of Uganda

Civil Procedure—revision jurisdiction—section 83 of Civil Procedure Act—no right of appeal lies from High Court's decision in revision—jurisdiction must be conferred by statute—Court of Appeal lacked jurisdiction—Supreme Court appeal incompetent—revision differs from original or appellate jurisdiction—orders of Court of Appeal and Supreme Court struck out.

Constitutional law—banking regulation—right to a fair hearing—administrative justice—revocation of banking license—right to property—ouster of court jurisdiction—Section 101 of the FIA—whether BOU's actions in closing National Bank of Commerce (NBC) were unconstitutional—failure to prove violation of constitutional rights—distinction between constitutional interpretation and enforcement—Constitutional Court jurisdiction confined to interpretation—appeal dismissed—no order as to costs

Civil procedure—injunction—stay of execution—Supreme Court jurisdiction under Rule 41(2)—failure to first apply to Court of Appeal not fatal—ECCMIS—right of appeal must be safeguarded—Regulation 13 of Mortgage Regulations not absolute—valuation & procedural compliance required—threat of execution risks rendering appeal nugatory—injunction granted for 4 months—costs to abide appeal outcome

Criminal law—murder—second appeal—appeal on severity of sentence—no appeal on questions of fact—jurisdiction of Supreme Court—section 5(3) Judicature Act—dismissed

Contract—construction—stone pitching—breach—special damages—proof—fraudulent invoicing—underpayment—variation of agreed rates—joint survey—contradictory evidence—unjustified punitive damages—costs and interest adjusted

Estate administration—will interpretation—executor powers—joint executorship—testator's intention—decision-making clause—mediation in appellate proceedings—Succession Act, ss. 58, 71, 268—Silver Byaruhanga precedent distinguished—Supreme Court discretion—appeal referred to mediation.

Contract—franchise agreements—termination without notice—general damages—nominal damages—interest—limitation of liability clauses—unjust enrichment—costs discretion—concurrent findings—SC jurisdiction

Administrative law—land acquisition—compulsory acquisition—right to compensation—procedure—judicial review—appellate jurisdiction—court discretion—retrial order—delay in justice—costs

Land law—intestate succession—distribution of deceased's estate—intermeddling—fraud—statute of limitations—limitation period in land claims—acquiescence—burden of proof—court's duty to re-evaluate evidence—miscarriage of justice—appeal allowed.

Criminal law—murder—mob justice—eyewitness identification—conditions for proper identification—alibi defence—evaluation of prosecution evidence—trial court findings—Court of Appeal confirmation—Supreme Court jurisdiction—appeal dismissed

Land—ancestral land—cancellation of title—fraud—stay of execution—interim order—preservation of status quo—authority to depose affidavit—technical objections—case management—costs

Constitutional Law—military courts—jurisdiction over civilians—fair hearing—judicial independence—separation of powers—legislative competence—personal & subject-matter jurisdiction—constitutional interpretation—costs.

Contract—building plan approval—illegality—construction in road reserve—general damages—special damages—negligence—pleadings—ex turpi causa—trial discretion—costs

Execution—garnishee orders—depreciation—expert opinions—finality of litigation—court discretion—principles of fairness and justice—Supreme Court jurisdiction—consolidation of applications