Uganda Case Law

Okello v Okello

Okello v Okello (Miscellaneous Application 32 of 2024) [2024] UGHC 1114 (27 December 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 32 of 2024

Judge

Philip W Mwaka

The court found that while the applicant failed to file a memorandum of appeal within the prescribed thirty days and instead filed a notice of appeal (which is not the proper mode), this procedural error was not fatal to the application for leave to appeal out of time. The court accepted that the applicant's illiteracy and lack of legal representation constituted sufficient cause for the delay, especially as he attempted to pursue the appeal on his own. The court noted that certified copies of the judgment and proceedings were available from August 2023, and the applicant's delay in obtaining…

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• Enlargement Of Time
• Leave To Appeal Out Of Time
• Memorandum Of Appeal Requirements
• Ignorance Of Procedure
• Affidavit Requirements
• Judicial Discretion

Oryema v Odota & 2 Others

Oryema v Odota & 2 Others (Miscellaneous Application 16 of 2024) [2024] UGHC 1113 (27 December 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 16 of 2024

Judge

Philip W Mwaka

The High Court at Kitgum dismissed an application for stay of execution, finding no imminent threat of execution, substantial delay, or sufficient cause.

• Stay Of Execution
• Appeal Procedure
• Trespass
• Limitation Periods
• Stay-of-execution
• Appeal-procedure

Obote v Odora

Obote v Odora (Miscellaneous Application 66 of 2024) [2024] UGHC 1112 (27 December 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 66 of 2024

Judge

Philip W Mwaka

The Court found that the draft amended memorandum of appeal introduced only one new ground (regarding the locus in quo) and otherwise rephrased the existing grounds more concisely. Applying the principles from SCCA No. 4/1994, the Court held that allowing the amendment would not cause injustice or prejudice to the Respondent, would aid in resolving the issues in controversy, and would not result in multiplicity of proceedings or malafides. The Court noted that the Respondent would have full opportunity to respond to the amended grounds at the hearing. The application was therefore granted, an…

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• Amendment Of Pleadings
• Leave To Amend Memorandum Of Appeal
• Appellate Procedure

Ayee-too v Abonga & Another

Ayee-too v Abonga & Another (Miscellaneous Application 2 of 2024) [2024] UGHC 1118 (27 December 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 2 of 2024

Judge

Philip W Mwaka

The High Court dismissed an application for stay of execution, holding that no appeal had been filed and that requests to review or set aside the judgment belonged before the trial court.

• Stay Of Execution
• Review Of Judgment
• Ex Parte Judgment
• Service Of Process
• Jurisdiction Of High Court
• Stay-of-execution

Obeta v Centenary Rural Development Bank Limited

Obeta v Centenary Rural Development Bank Limited (Miscellaneous Application 1832 of 2024) [2024] UGCommC 366 (24 December 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1832 of 2024

Judge

Ocaya, J

The court held that the applicant failed to demonstrate good cause to set aside the ex parte judgment entered in the summary suit. The Family Division judgment only voided the mortgages, not the underlying loan agreement or the applicant's liability as guarantor. The guarantee is a separate and enforceable obligation, and the respondent is entitled to pursue the guarantor without first proceeding against the principal borrower or mortgaged properties. The applicant's evidence of satisfaction of the judgment debt was unreliable and unsubstantiated. Procedural defects in citing the wrong rule w…

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• Setting Aside Ex Parte Judgment
• Summary Suit Procedure
• Guarantee Liability
• Mortgage Enforcement
• Good Cause Standard

Nawatti & 2 Others v Luboyera & 3 Others

Nawatti & 2 Others v Luboyera & 3 Others (Civil Suit 29 of 2018) [2024] UGHCLD 299 (23 December 2024)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 29 of 2018

Judge

Naluzze Aisha Batala, J

The court found that the 1st and 2nd defendants were fraudulently registered as proprietors of the suit land, as they had no valid interest in the estate of the late Zakariya Musoke. The 1st defendant's claim to registration based on his status as cultural heir was rejected, as his late father had already received his share of the estate and relocated. The plaintiffs, as direct beneficiaries, were entitled to assert their proprietary rights over the suit land, which was acquired in exchange for the original family Kibanja. The court held that the registration of the 1st and 2nd defendants was…

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• Fraudulent Registration
• Co-ownership
• Succession Rights
• Land Title Cancellation

Doshnut Uganda Limited v Ministry of Water and Environment (Application 47 of 2024)

Doshnut Uganda Limited v Ministry of Water and Environment (Application 47 of 2024) [2024] UGPPDPAAT 45 (23 December 2024)

Court

Public Procurement and Disposal of Public Assets Appeals Tribunal

Case number

Application 47 of 2024

Judges

Nerima, Panel Member, Nuwagira, Kalumba, Kyarisiima, cyrus Titus Aomu, penal member

Appeal tribunal judgment in Doshnut Uganda Limited v Ministry of Water and Environment, Application 47 of 2024, decided on 23 December 2024.

• Public-procurement
• Administrative-appeals
• Tribunal-judgment

Arrow Centre (U) Ltd v Polat Yol Yapi Sanayi ve Ticaret Anonim Sirketi

Arrow Centre (U) Ltd v Polat Yol Yapi Sanayi ve Ticaret Anonim Sirketi (Civil Suit 534 of 2024) [2024] UGCommC 375 (23 December 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 534 of 2024

Judge

Tumusiime Rubagumya, J

The High Court held that the defendant breached a tyre supply contract, awarded the unpaid UGX 62,128,000, general damages, interest, and costs.

• Breach Of Contract
• Sale Of Goods
• Assessment Of Damages
• Interest Award
• Breach-of-contract
• Sale-of-goods

Umeme Limited v Makubuya William T/A Polla Plast and Others

Umeme Limited v Makubuya William T/A Polla Plast and Others (Miscellaneous Cause 60 of 2024; Miscellaneous Cause No. 47 & 60 of 2024) [2024] UGCommC 382 (20 December 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause 60 of 2024 ; Miscellaneous Cause No. 47 & 60 of 2024

Judge

Tumusiime Rubagumya, J

The High Court dismissed consolidated applications seeking to set aside Supreme Court garnishee orders, holding the issues were already pending before the Supreme Court and barred by lis pendens.

• Garnishee Proceedings
• Jurisdiction Of High Court
• Abuse Of Court Process
• Lis Pendens
• Execution Of Decrees
• Garnishee-proceedings

Barongo v Kabaruli and 2 Others

Barongo v Kabaruli and 2 Others (Civil Suit 125 of 2022) [2024] UGHC 1141 (20 December 2024)

Court

High Court of Uganda

Case number

Civil Suit 125 of 2022

Judge

Byaruhanga Rugyema, J

The High Court held that the plaintiff lawfully bought the land, found the defendants trespassed, and awarded vacant possession, injunction, costs, and general damages.

• Land Ownership Disputes
• Trespass To Land
• Sale Agreement Validity
• Damages Assessment
• Land-ownership-disputes
• Trespass-to-land