Uganda Case Law

Moha Construction Limited v Kabuye Gideon Kirumira (Misc. Application No. 179 of 2025)

Moha Construction Limited v Kabuye Gideon Kirumira (Misc. Application No. 179 of 2025) [2025] UGCommC 145 (30 April 2025)

Court

Commercial Court of Uganda

Case number

Misc. Application No. 179 of 2025

Judge

Tumusiime Rubagumya, J

The court found that the applicant raised bona fide triable issues of fact and law, specifically disputing the authenticity of the agreement for UGX 750,000,000 and alleging forgery, as well as asserting that the only valid agreement was for UGX 300,000,000, which was fully paid. The court held that such allegations, particularly of forgery, cannot be resolved on affidavit evidence and require a full trial. The court also determined that the procedural objections regarding the affidavits were insubstantial deviations that did not prejudice any party, as the applicant understood the contents o…

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• Summary Procedure
• Leave To Defend
• Triable Issues
• Affidavit Compliance
• Land Sale Disputes

Oryonga v Etanu

Oryonga v Etanu (Civil Appeal No. 679 of 2022) [2022] UGCA 291 (15 December 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 679 of 2022

Judge

Barishaki, JA

The Court of Appeal granted an interim stay of execution, finding a competent notice of appeal, a pending stay application, and an imminent threat of execution.

• Stay Of Execution
• Letters Of Administration
• Customary Succession
• Affidavit Compliance
• Stay-of-execution
• Civil-appeals

Petrom Limited v Dolphin Petroleum Limited

Petrom Limited v Dolphin Petroleum Limited (Miscellaneous Application No. 1438 of 2021) [2022] UGCommC 65 (21 April 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 1438 of 2021

Judge

Wabwire, J

The High Court granted Petrom Limited unconditional leave to defend a commercial summary suit, finding triable issues over the debt and who supplied the fuel.

• Summary Procedure
• Leave To Defend
• Affidavit Compliance
• Triable Issues
• Disputed Debt
• Preliminary Objection

Wanghede Aliyi v Mulepo and 2 Others

Wanghede Aliyi v Mulepo and 2 Others (Election Petition No. 21 of 2021) [2021] UGHC 51 (7 September 2021)

Court

High Court of Uganda

Case number

Election Petition No. 21 of 2021

Judge

Matovu, J

The court found that the affidavit in support of the petition by the petitioner contravened the Illiterates Protection Act and was therefore struck out. Without a valid affidavit from the petitioner, the petition failed to meet the mandatory requirements set out in Rule 4(8) of the Parliamentary Election Petitions Rules and Section 138 of the Local Government Act. Affidavits from other persons, such as Hyuha Ahmed, could not substitute for the petitioner's own affidavit, especially where there was no evidence that such persons were eligible to support the petition. The absence of a valid supp…

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• Petition Format Requirements
• Affidavit Compliance
• Local Government Elections

Nambi Holdings Limited v Exim Bank Limited & 5 Ors

Nambi Holdings Limited v Exim Bank Limited & 5 Ors (Miscellaneous Application No. 622 of 2019) [2020] UGCommC 14 (28 May 2020)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 622 of 2019

Judge

Boniface Wamala, J

The court found that while the affidavits in support and rejoinder were lengthy and detailed, they did not contain argumentative statements or legal arguments, but rather set out facts within the deponent's knowledge. The affidavits were not prolix or non-compliant with Order 19 Rule 3 of the Civil Procedure Rules. The court also held that the issue of whether the application was nugatory due to a change in status quo was a factual matter requiring evidence and could not be determined at the preliminary stage. Both preliminary objections were overruled, and the application was ordered to proc…

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• Affidavit Compliance
• Temporary Injunctions
• Status Quo Preservation
• Eviction Disputes

Ndikimwiza v Ikoba & Anor

Ndikimwiza v Ikoba & Anor (Miscellaneous Application No. 121 of 2017) [2017] UGHCFD 18 (5 December 2017)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application No. 121 of 2017

Judge

Elubu, J

The court found that the respondents' objections were based on deliberate misrepresentations and that they lacked genuine interest in the proper management of the estate. The applicant, as widow, is entitled to apply for and be granted letters of administration without requiring a certificate of no objection as a pre-condition. The court determined that the applicant's affidavits substantially complied with the Illiterates Protection Act, and no injustice was shown to have occurred. The inclusion of the disputed land was supported by documentation and prior meetings, with no valid objection r…

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• Letters Of Administration
• Certificate Of No Objection
• Estate Management
• Affidavit Compliance

Lumu Richard Kizito v Makumbi & Anor

Lumu Richard Kizito v Makumbi & Anor (Election Appeal No. 109 of 2016) [2017] UGCA 33 (27 September 2017)

Court

Court of Appeal of Uganda

Case number

Election Appeal No. 109 of 2016

Judge

Kavuma, DCJ, Barishaki-Cheborion, JA, Owiny-Dollo, DCJ

The Court of Appeal held that the trial judge did not err in exercising discretion to hear the petition de novo after recusal of the previous judge, as this is permitted by law and practice. Once the matter was heard afresh, all previous rulings, including those expunging affidavits, ceased to have effect. The appellant's remaining affidavits, after expunging non-compliant ones, were insufficient to sustain the petition, lacking credible and corroborated evidence. The claim that a parliamentary candidate must be registered in the specific constituency was rejected as misconceived. However, th…

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• Service Of Process
• Affidavit Compliance
• Burden Of Proof
• Nomination Requirements
• Judicial Discretion
• Costs Award

Lumu Vs Makumbi Kamya & Anor

Lumu Vs Makumbi Kamya & Anor (Election Petition Appeal No. 0109 of 2016) [2017] UGCA 25 (27 September 2017)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 0109 of 2016

The Court of Appeal held that the trial judge's decision to proceed de novo after recusal was a proper exercise of judicial discretion, supported by both statutory and case law. The re-admission of previously expunged affidavits was lawful, as preliminary rulings of the prior judge ceased to have effect. The appellant's remaining affidavits, after expunging those non-compliant with statutory requirements, were insufficient to sustain the petition, lacking corroboration and documentary proof. The claim that the 1st respondent was not a registered voter in the constituency was misconceived, as…

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• Service Of Process
• Affidavit Compliance
• Judicial Discretion
• Nomination Requirements
• Burden Of Proof
• Costs Award

Nsubuga v Kalibbala and Anor

Nsubuga v Kalibbala and Anor (Election Petition No. 29 of 2016) [2016] UGHCEP 79 (27 July 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 29 of 2016

The High Court struck out 17 supporting affidavits in an election petition for non-compliance with affidavit formalities, then dismissed the petition with costs.

• Affidavit Compliance
• Illiterates Protection Act
• Oaths Act Requirements
• Burden Of Proof
• Election Offences
• Procedural Objections