Uganda Case Law

Byaruhanga Muhamudu v Kyazze Juliet Nalwoga

Byaruhanga Muhamudu v Kyazze Juliet Nalwoga (Miscellaneous Application No. 1042 of 2024) [2025] UGCommC 129 (27 March 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 1042 of 2024

Judge

Tumusiime Rubagumya, J

The court found that service of summons in Civil Suit No. 37 of 2019 was effected on counsel who was not duly instructed or appointed to act for the applicant. As such, there was no proper service on the applicant as required by law. The written statement of defence was filed by counsel without instructions, and there was no evidence that the applicant personally participated in the proceedings. The failure to serve the applicant deprived him of his right to a fair hearing under Article 28 of the Constitution. The court emphasized that substantive justice requires that parties are not shut ou…

Source excerpt

• Ex Parte Judgment
• Service Of Process
• Setting Aside Judgment
• Right To Be Heard
• Vacant Possession
• Advocate Authority

Microfinance Support Centre v Kasese Hospital & Another

Microfinance Support Centre v Kasese Hospital & Another (Miscellaneous Application 2 of 2024) [2024] UGHC 1068 (14 November 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 2 of 2024

Judge

David S.L. Makumbi, J

The High Court at Kasese dismissed an application to set aside a consent taxation decision, finding abuse of process and no proved fraud.

• Setting Aside Consent Judgment
• Taxation Of Costs
• Abuse Of Court Process
• Advocate Authority
• Fraud In Court Proceedings
• Setting-aside-consent-judgment

Huthy Dart Mutumba v Pamco Real Estate Agency Limited (H.C.Miscellaneous Application No. 1277 of 2020)

Huthy Dart Mutumba v Pamco Real Estate Agency Limited (H.C.Miscellaneous Application No. 1277 of 2020) [2020] UGHCLD 62 (14 December 2020)

Court

HC: Land Division (Uganda)

Case number

H.C.Miscellaneous Application No. 1277 of 2020

Judge

Kazaarwe, J

The High Court held that an affidavit by an advocate who stated he knew the facts was not defective, and it overruled the preliminary objection with costs in the cause.

• Affidavit Defects
• Caveat Removal
• Advocate Authority
• Preliminary Objection
• Affidavit-defects
• Advocate-authority

Tibaingana v Kabwenda

Tibaingana v Kabwenda (Civil Revision No. 006 of 2012) [2013] UGHCLD 87 (28 November 2013)

Court

HC: Land Division (Uganda)

Case number

Civil Revision No. 006 of 2012

Judge

Anna B. Mugenyi, J

The High Court set aside a consent judgment entered in a land case because counsel acted without the applicant’s instructions, making the endorsement a material mistake.

• Consent Judgment
• Revision Jurisdiction
• Mistake In Judgment
• Advocate Authority
• Burden Of Proof Fraud
• Consent-judgment

S.L.P. Civil Engineering & Contractors Ltd v Kenfreight (U) Ltd (MISC. APPLICATION NO. 921 OF 2000)

S.L.P. Civil Engineering & Contractors Ltd v Kenfreight (U) Ltd (MISC. APPLICATION NO. 921 OF 2000) [2000] UGHC 65 (26 October 2000)

Court

High Court of Uganda

Case number

MISC. APPLICATION NO. 921 OF 2000

Judges

Byamugisha, j

The High Court refused to set aside a consent judgment, holding that a compromise reached by counsel bound the parties absent proof of lack of authority or unfairness.

• Consent Judgment
• Compromise Of Suit
• Advocate Authority
• Setting Aside Orders
• Consent-judgment
• Compromise-of-suit