Sebiragala and Another v Sebiragala and Another (Miscellaneous Application 2816 of 2024) [2025] UGHCLD 119 (1 July 2025)
Court
HC: Land Division (Uganda)
Case number
Miscellaneous Application 2816 of 2024
Judge
Kaahwa, J
The Court found that the Respondents were aware of the interim injunctive order restraining interference with the Applicants' use and enjoyment of the suit land. The 1st Respondent did not contest the application and is presumed to have admitted the facts. The 2nd Respondent's claim of ignorance was found to be dishonest, as due diligence would have revealed the true ownership and the existence of the Court order. The purported change in plot number was not substantiated by documentation. Both Respondents acted in willful and mala fide disobedience of the Court's order, satisfying all element…
Naomi Karugaba v Ronnie Rogers Amone and Ojwiya O. Nelson (Tax Reference No. 1 of 2024) [2025] UGHCCD 86 (1 July 2025)
Court
HC: Civil Division (Uganda)
Case number
Tax Reference No. 1 of 2024
Judge
Simon Peter M. Kinobe, J
The court found that the taxing master generally exercised discretion judiciously and applied the relevant regulations in assessing the bill of costs. However, the instruction fees allowed exceeded the prescribed scale for the subject matter value, and the sum allowed for photocopying under item 10 was duplicative. The court revised the instruction fees to UGX 10,460,000 in line with the 6th schedule and taxed off the UGX 500,000 allowed for photocopying, resulting in a revised total bill of UGX 27,024,200. The court maintained the amounts allowed for transport as reasonable and declined to i…
A.K. Transporters Limited v Mulani Moosa (Miscellaneous Application No. 1175 of 2023) [2025] UGHCCD 94 (1 July 2025)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application No. 1175 of 2023
Judge
Boniface Wamala, J
The application to set aside the ex parte judgment and decree in HCCS No. 38 of 2001 is incompetent because the court proceeded under Order 17 rule 4 of the Civil Procedure Rules, which provides that a judgment rendered in such circumstances is a decree appealable as of right and cannot be set aside by the same court. The applicant failed to comply with court directions to file witness statements and did not provide sufficient justification for non-compliance. The remedy available to the applicant is to appeal the judgment, not to seek its setting aside through a miscellaneous application. Th…
Multifarm Investments Ltd and Another v HCH Financial Services Ltd (Miscellaneous Application No. 204 of 2025) [2025] UGCommC 195 (1 July 2025)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application No. 204 of 2025
Judge
Tumusiime Rubagumya, J
Commercial Court of Uganda judgment in Miscellaneous Application No. 204 of 2025. The supplied extract contains no substantive text, so the legal issues and outcome cannot be summarized.
The Court of Appeal found that the evidence of PW3 and PW5, who testified that Katungi (A1) stated he gave the deceased's head to the appellant, was admissible under section 59(b) of the Evidence Act and not hearsay. However, this evidence required corroboration, which was provided by PW10, the investigating officer, who testified that the appellant led police to the swamp where he claimed to have disposed of the head. The appellant's conduct in leading police to the location was considered incriminating and indicative of guilt. The court held that the prosecution proved the appellant's parti…
Namatovu Prossy and Another v Nakiganda Ruth (Civil Revision No. 17 of 2024) [2025] UGHCCD 83 (1 July 2025)
Court
HC: Civil Division (Uganda)
Case number
Civil Revision No. 17 of 2024
Judge
Simon Peter M. Kinobe, J
The High Court revised a magistrate’s ruling for lack of pecuniary jurisdiction, holding that a UGX 24 million claim exceeded the Grade One Magistrate’s limit.
Bethel Lunize Kigongo v Ssemwanga Joseph and Others (Misc. Application No. 1013 of 2024) [2025] UGCommC 198 (30 June 2025)
Court
Commercial Court of Uganda
Case number
Misc. Application No. 1013 of 2024
Judge
Susan Odongo, J
The court found that the applicant demonstrated sufficient cause for leave to amend the plaint, as the original pleadings failed to adequately particularize allegations of fraud and illegality due to the negligence of former counsel. The court emphasized that amendments are permissible at any stage to ensure the real issues are determined, provided no injustice is occasioned to the other party, and any prejudice can be compensated by costs. The absence of any opposition or affidavit in reply from the respondents indicated no demonstrated prejudice. Regarding service, the court accepted the ap…
Casements (Africa) Ltd v Seroma Limited (Civil Suit No. 1121 of 2024; Miscellaneous Application No. 773 of 2025) [2025] UGCommC 199 (30 June 2025)
Court
Commercial Court of Uganda
Case number
Civil Suit No. 1121 of 2024 ; Miscellaneous Application No. 773 of 2025
Judge
Susan Odongo, J
The court set aside a default judgment, stayed execution, and found good cause where counsel failed to upload the defence application on ECCMIS despite the client’s instructions.
The Tribunal found that the Applicant held the land for nine years as a personal investment, with no evidence of repeated transactions, business use, or modifications to the asset indicative of trade. The Applicant's tax returns consistently declared only dividend and rental income, and there was no history of land trading. The Respondent's reliance on the Applicant's tax profile was insufficient to establish business activity, as registration codes do not constitute factual proof. The Tribunal concluded that the land was not a business asset within the meaning of the Income Tax Act, and the…