Uganda Case Law

Lubega Ahmed Kasumba and Others v Badda Elaisha Grace and Nankya Justine

Lubega Ahmed Kasumba and Others v Badda Elaisha Grace and Nankya Justine (Miscellaneous Application No. 141 of 2024) [2025] UGHC 477 (4 July 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application No. 141 of 2024

Judge

Bukirwa, J

The court found that the affidavit in support of the application was valid, as the written authorisation given to the 1st applicant by the 2nd-5th applicants covered all proceedings arising from the main suit, and modern precedent holds that affidavits are evidence and do not require authorisation but rather knowledge of the deponent. However, the court held that the application to amend the defence, counterclaim, and witness statements was devoid of merit. The applicants sought to change their claim from adverse possession to purchase of the suit land after the respondents had closed their c…

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• Amendment Of Pleadings
• Affidavit Authority
• Adverse Possession
• Purchase Of Land

Muwawu and Another v Sserwanga

Muwawu and Another v Sserwanga (Civil Appeal 22 of 2022) [2025] UGHC 162 (8 April 2025)

Court

High Court of Uganda

Case number

Civil Appeal 22 of 2022

Judge

Godfrey Himbaza, J

The court found that the taxing officer applied wrong principles in awarding manifestly excessive costs to the respondent, particularly for advocate fees and transport, without sufficient evidence or overt involvement of advocates on record. The appeal, though filed out of time, was validated as the appellants were not served with the taxation hearing notice and only became aware of the taxation upon issuance of a warrant of arrest. The affidavit in support of the Chamber Summons, sworn by counsel without express authority from the appellants, was struck out as defective. Applying principles…

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• Taxation Of Costs
• Bill Of Costs Revision
• Affidavit Authority
• Service Of Process
• Security For Costs

Centenary Rural Development Bank Limited v Kwesiga (HCT-05-CV-CA 59 of 2022)

Centenary Rural Development Bank Limited v Kwesiga (HCT-05-CV-CA 59 of 2022) [2025] UGHC 69 (20 February 2025)

Court

High Court of Uganda

Case number

HCT-05-CV-CA 59 of 2022

Judge

Allan Nshimye, J

The High Court found that the trial Magistrate erred in striking out the Appellant's affidavit in reply, as a principal officer with knowledge of the facts may depone such an affidavit. The Respondent's application, though lacking reference to the Mortgage Act, was not defective as it was properly brought under Section 98 of the Civil Procedure Act and Order 52 of the Civil Procedure Rules, and no injustice was occasioned. Critically, the court distinguished between an informal mortgage on customary land and an informal equitable mortgage based on unregistered interest in land, holding that t…

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• Mortgage Enforcement
• Informal Equitable Mortgage
• Customary Land Tenure
• Affidavit Authority
• Appeal Timeliness
• Contractual Obligations

Nambasa & 4 Others v Nkoola

Nambasa & 4 Others v Nkoola (Miscellaneous Application 1412 of 2024) [2025] UGCommC 11 (13 January 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1412 of 2024

Judge

Ocaya, J

The High Court dismissed an out-of-time application for leave to defend a summary suit, despite noting triable issues in the draft defence.

• Summary Procedure
• Leave To Defend
• Limitation Periods
• Affidavit Authority
• Conditional Leave
• Contractual Debt

Administrator General v Nakintu (Misc Cause 1 of 2023)

Administrator General v Nakintu (Misc Cause 1 of 2023) [2024] UGHC 989 (12 July 2024)

Court

High Court of Uganda

Case number

Misc Cause 1 of 2023

Judge

Kawesa, J

The High Court dismissed an application to revise Busia Chief Magistrate’s Court proceedings for alleged lack of jurisdiction, finding insufficient proof of the claim value.

• Revision Of Judgments
• Pecuniary Jurisdiction
• Affidavit Authority
• Pecuniary-jurisdiction
• Revision-of-judgments
• Affidavit-authority

Seeta Victory Cathedral Limited & 5 Others v Nyanzi & Another

Seeta Victory Cathedral Limited & 5 Others v Nyanzi & Another (Miscellaneous Application 938 of 2022) [2024] UGHCFD 25 (21 May 2024)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 938 of 2022

Judge

Nagawa, J

The High Court partly allowed a review application over execution arising from a divorce decree, protecting one applicant’s land at Namataba but leaving the rest of the decree intact.

• Review Of Judgment
• Matrimonial Property Distribution
• Proprietary Rights
• Aggrieved Persons
• Execution Of Decree
• Affidavit Authority

Entebbe Municipal Council v Basima Consult Limited

Entebbe Municipal Council v Basima Consult Limited (Miscellaneous Application 870 of 2023) [2024] UGCommC 6 (12 January 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 870 of 2023

Judge

Kahigi Asiimwe, J

The High Court held it was functus officio after final judgment in the suit, so it could not set aside the default judgment. The application was dismissed with costs.

• Default Judgment
• Setting Aside Judgment
• Functus Officio
• Affidavit Authority
• Default-judgment
• Setting-aside-judgment

Tumwesigye & 3 Others v Butungiro

Tumwesigye & 3 Others v Butungiro (Miscellaneous Application 8 of 2022) [2023] UGHC 452 (1 December 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 8 of 2022

Judge

Tom Chemutai, J

The High Court dismissed a stay of execution application because the supporting affidavit was sworn without express authority from the other applicants.

• Stay Of Execution
• Affidavit Authority
• Security For Due Performance
• Land Ownership Dispute
• Stay-of-execution
• Affidavit-authority

Kyeyune and Others v Nakayenga and Others (Family Misc Application 286 of 2023)

Kyeyune and Others v Nakayenga and Others (Family Misc Application 286 of 2023) [2023] UGHCFD 102 (7 November 2023)

Court

HC: Family Division (Uganda)

Case number

Family Misc Application 286 of 2023

Judge

Nagawa, J

The High Court dismissed an application to set aside and reinstate Civil Suit No. 178 of 2017, holding it was res judicata, the affidavit was defective, and reinstatement was unavailable.

• Res Judicata
• Affidavit Authority
• Dismissal For Want Of Prosecution
• Reinstatement Of Suit
• Res-judicata
• Affidavit-authority

Bashaija and 12 Others v Registered Trustees of the Catholic Diocese of Fortportal

Bashaija and 12 Others v Registered Trustees of the Catholic Diocese of Fortportal (Civil Miscellaneous Application 19 of 2023) [2023] UGHCLD 273 (31 August 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Miscellaneous Application 19 of 2023

Judge

Wagona, J

The court found that the respondent complied with the procedural requirements for taking out summons for directions, and failure by the Registrar to fix the hearing did not result in abatement of the suit. The power of attorney granted to Rev. Fr. Kayondo was sufficiently broad to authorize his actions in the present proceedings. The respondent's plaint disclosed a cause of action, as it pleaded facts which, if proved, would entitle the respondent to judgment regarding ownership and management of the disputed land and project. The applicants' claim of violation of freedom of association was r…

Source excerpt

• Cause Of Action
• Representative Suits
• Freedom Of Association
• Ownership Dispute
• Affidavit Authority