Uganda Case Law

A.G. of Republic of Uganda v East African Law Society and Anor (Appeal 5 of 2014)

A.G. of Republic of Uganda v East African Law Society and Anor (Appeal 5 of 2014) [2015] EACJ 60 (15 April 2015) (First Instance Division)

Court

East African Court of Justice

Case number

Appeal 5 of 2014

Judge

Ugirashebuja P

The Court held that the Applicant had satisfied the requirements for a stay of execution: substantial loss would result if the stay was not granted, as the introduction of new evidence after submissions would fundamentally alter the nature of the Reference and prejudice the Applicant. The application was made without unreasonable delay, and as a Partner State, the Applicant was exempt from providing security for costs. The Court found that the filing of a notice of appeal was sufficient to found an application for stay of execution. The Respondent's objections were dismissed as misconceived a…

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• Stay Of Execution
• Additional Evidence
• Appeal Procedure
• Court Discretion

Attorney General of Republic of Uganda v East African Law Society and Another (Application 1 of 2013)

Attorney General of Republic of Uganda v East African Law Society and Another (Application 1 of 2013) [2013] EACJ 10 (17 May 2013) (First Instance Division)

Court

East African Court of Justice

Case number

Application 1 of 2013

Judge

Busingye PJ, Lenaola J, Mkwawa J

The Court found that the applicant had lodged a notice of appeal and requested the record of proceedings, which is sufficient to found an application for stay of execution. The applicant demonstrated that substantial loss would result if the stay was not granted, as the impugned ruling allowed introduction of new evidence that fundamentally altered the nature of the reference and risked prejudicing the applicant. The application was made without unreasonable delay, and as the Attorney General of Uganda is a Partner State, no security for costs is required. The respondent's objections were fou…

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• Stay Of Execution
• Additional Evidence
• Appeal Procedure
• Security For Costs

Libyan Arab (U) Bank for Foreign Trade & Development v Vassiliadis

Libyan Arab (U) Bank for Foreign Trade & Development v Vassiliadis (Civil Application 42 of 1992) [1993] UGSC 49 (12 January 1993)

Court

Supreme Court of Uganda

Case number

Civil Application 42 of 1992

Judge

Manyindo, DCJ, Oder, JSC, Platt, JSC

The Supreme Court dismissed an application to correct its judgment and receive new evidence, holding it could not reopen the case after judgment.

• Slip Rule
• Additional Evidence
• Appellate Jurisdiction
• Correction Of Judgment
• Slip-rule
• Additional-evidence

Mabirizi v Attorney General

Mabirizi v Attorney General (Miscellaneous Application 7 of 2018) [2018] UGSC 55 (14 December 2018)

Court

Supreme Court of Uganda

Case number

Miscellaneous Application 7 of 2018

The Supreme Court found that the affidavits filed by the applicant were prolix, argumentative, and non-compliant with Order 19 Rule 3 of the Civil Procedure Rules, which requires affidavits to be confined to facts within the deponent's knowledge and not to contain arguments or conjecture. The Court also held that while an undated affidavit is a curable defect, the applicant suffered no prejudice from the respondent's substitution of a dated affidavit. Furthermore, the Court determined that the application to summon the Speaker of Parliament was pre-emptive of issues already framed for determi…

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• Affidavit Procedure
• Additional Evidence
• Court Process Abuse
• Parliamentary Immunity