Wina T/A Wina Baligira Enterprises v Master Grain Milling Limited (Miscellaneous Application 44 of 2024) [2025] UGHC 29 (28 January 2025)
Court
High Court of Uganda
Case number
Miscellaneous Application 44 of 2024
Judge
David S.L. Makumbi, J
The High Court at Kasese granted unconditional leave to defend a summary suit after finding the applicant raised bona fide triable issues about debt and disputed delivery notes.
The court found that the reduction of the Claimants' salaries was procedurally unfair because it was implemented without notice or consent, violating statutory requirements under the Employment Act. However, the reduction was substantively justified as the Respondent was required to comply with government policy directives on salary harmonisation for public universities, issued by the Ministry of Public Service, Ministry of Finance, and Ministry of Education. The Respondent acted in accordance with its statutory obligations and public service pay policy. The Claimants are entitled to general…
The Industrial Court held that George Kawemba’s dismissal for poor performance was procedurally and substantively unlawful because the employer failed to prove a fair performance process.
The court found that the Respondent failed to provide evidence of the alleged fundamental breach by the Claimant and did not accord him a fair hearing prior to dismissal. Both substantive and procedural requirements for lawful termination under Ugandan law were not met. The Respondent's reliance on the sensitivity of the case did not justify bypassing the right to be heard, and no proof was adduced regarding the confidential information or the third parties involved. Consequently, the summary dismissal was both substantively and procedurally unlawful. The Claimant was entitled to remedies, in…
Attorney General v Kikwanzi (Miscellaneous Application 750 of 2024) [2025] UGHCCD 9 (27 January 2025)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application 750 of 2024
Judge
Douglas Karekona Singiza, J
The court found that the application was not barred by res judicata because the appellate proceedings addressed procedural matters, not the merits of the dispute. The ex parte judgment was set aside on two main grounds: mistake of counsel, as the Attorney-General's non-appearance was due to professional negligence rather than intentional default, and irregularity, since the mandatory procedure under rule 6 of the Government Proceedings (Civil Procedure) Rules was not followed—no leave was sought or granted before entering default judgment against the government. The court emphasized that stat…
Kiwanuka & Another v Microfinance Support Centre Limited & Another (Miscellaneous Cause 35 of 2024) [2025] UGCommC 6 (27 January 2025)
Court
Commercial Court of Uganda
Case number
Miscellaneous Cause 35 of 2024
Judge
Anna B. Mugenyi, J
The High Court held it lacked jurisdiction to grant consequential orders after a Court of Appeal judgment voiding a mortgage for lack of spousal consent.
The Court of Appeal found that the prosecution proved all elements of aggravated robbery beyond reasonable doubt. The victim's testimony regarding the administration of chloroformed food and subsequent unconsciousness was corroborated by the identification parade and the charge and caution statement of the second appellant, which detailed the roles of all accused. The court held that the confession was properly obtained, as the evidence showed the accused understood English and was cautioned. The appellate court reaffirmed that the burden of proof remained with the prosecution and that the tr…
UMEME Limited & Another v Makubuya T/A Polla Plast (Miscellaneous Applications 1, 11, 12, 13 of 2024 & Constitutional Reference 2 of 2024) [2025] UGSC 7 (24 January 2025)
Court
Supreme Court of Uganda
Case number
Miscellaneous Applications 1, 11, 12, 13 of 2024 & Constitutional Reference 2 of 2024
Judge
Mike Chibita, JSC
The Supreme Court consolidated execution-related applications over a depreciated machinery award, upheld part of a garnishee order, and fixed the balance payable.