Uganda Case Law

Goldmine Finance Limited v Kato

Goldmine Finance Limited v Kato (Miscellaneous Application 2896 of 2023) [2024] UGCommC 32 (26 February 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2896 of 2023

Judge

Tumusiime Rubagumya, J

The court found that the affidavit in reply by Counsel Busingye Michael was not fatally defective as it contained only formal matters accessible from the court record, and the exception in Regulation 9 of the Advocates (Professional Conduct) Regulations applied. The supporting affidavit by Counsel Rola Birungi Mugabe was valid, as she deponed it in her capacity as an advocate duly appointed under Order 3 Rule 1 of the Civil Procedure Rules. On the substantive issue, the court held that sufficient cause existed to set aside the ex parte judgment because the suit was filed before the rollout of…

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• Setting Aside Ex Parte Judgment
• Service Of Process
• Affidavit Capacity
• Court Electronic Systems
• Fair Hearing

Finca Uganda Limited(MDI) v Semakula

Finca Uganda Limited(MDI) v Semakula (Miscellaneous Application 26 of 2023) [2023] UGHC 159 (22 December 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 26 of 2023

Judge

Serunkuma, J

The High Court struck out Finca Uganda Ltd’s appeal as incompetent for being filed out of time without leave, and awarded costs to the respondent.

• Setting Aside Dismissal Orders
• Reinstatement Of Application
• Leave To File Defence Out Of Time
• Banker Customer Contract Dispute
• Affidavit Capacity
• Limitation Periods

Security Group Limited v Kigozi (Labour Dispute Miscellaneous Application No. 36 of 2022)

Security Group Limited v Kigozi (Labour Dispute Miscellaneous Application No. 36 of 2022) [2023] UGIC 4 (13 January 2023)

Court

Industrial Court of Uganda

Case number

Labour Dispute Miscellaneous Application No. 36 of 2022

Judges

Wabwire Musana, J, Kagoye, Panel Member, Musimbi, Lapenga

The court found that the applicant had demonstrated a prima facie case for stay of execution pending appeal, particularly due to the contested award of aggravated damages and the existence of both an appeal and a cross-appeal. The applicant's counsel was deemed properly instructed, and the supporting affidavit was validly deposed by a principal officer. While the decree was extracted unilaterally, no miscarriage of justice occurred, but the court emphasized strict adherence to procedural rules in future. The court held that a conditional stay was appropriate, requiring the applicant to deposi…

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• Stay Of Execution
• Security For Due Performance
• Decretal Sum
• Affidavit Capacity
• Irregular Decree Extraction

Iganga Talkies Ltd v Hussein Badda

Iganga Talkies Ltd v Hussein Badda (Miscellaneous Application No. 142 of 2020) [2022] UGHC 6 (10 February 2022)

Court

High Court of Uganda

Case number

Miscellaneous Application No. 142 of 2020

Judge

Rwakakooko, J

The High Court dismissed an application for temporary injunction because the supporting affidavit was sworn without valid authority from the applicant company.

• Temporary Injunctions
• Affidavit Capacity
• Company Law Procedure
• Status Quo Orders
• Temporary-injunctions
• Affidavit-capacity

Hass Petroleum Uganda Ltd v Source Oils Uganda Ltd (H.C.Miscellaneous Application No. 1019 of 2020)

Hass Petroleum Uganda Ltd v Source Oils Uganda Ltd (H.C.Miscellaneous Application No. 1019 of 2020) [2021] UGCommC 121 (30 November 2021)

Court

Commercial Court of Uganda

Case number

H.C.Miscellaneous Application No. 1019 of 2020

Judge

Rwakakooko, J

The court found that although the respondent's application for leave to appear and defend was filed out of time, the delay was caused by the mistake of counsel, not the respondent. The respondent took all reasonable steps to ensure timely filing, and it would be unjust to penalize them for their counsel's negligence. The court relied on established principles that mistake of counsel can be sufficient cause for extension of time and that justice should be administered without undue regard to technicalities. The preliminary objection regarding the capacity of the process server to depone the af…

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• Summary Suits
• Default Judgment
• Extension Of Time
• Affidavit Capacity

Kaabong District Local Government v Lokana Enterprises

Kaabong District Local Government v Lokana Enterprises (Miscellaneous Cause No. 7 of 2021) [2021] UGHCCD 52 (8 July 2021)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 7 of 2021

Judge

Adonyo, J

The court found that the affidavit in reply sworn by Ilukol Gabriel was defective and illegal, as he lacked the requisite authority to act on behalf of Lokana Enterprises, a sole proprietorship owned by Loiki Peter. The court further determined that the consent judgment entered into on 20th July 2018 was vitiated by misrepresentation of material facts by the respondent, who claimed full performance of contractual obligations despite evidence of only partial completion and abandonment of the works. Applying established legal principles, the court held that a consent judgment obtained through m…

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• Setting Aside Consent Judgment
• Misrepresentation In Contract
• Affidavit Capacity
• Costs Award