Uganda Case Law

Kaaya Musa and Others v Ojambo Sunday Steven

Kaaya Musa and Others v Ojambo Sunday Steven (Miscellaneous Application 333 of 2024) [2025] UGHC 421 (18 June 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 333 of 2024

Judge

Godfrey Himbaza, J

The application for stay of execution was dismissed because the affidavit in support was incurably defective, having been sworn by one applicant on behalf of others without written authority as required by law. The court found no valid appeal filed under Order 50 rule 8 of the Civil Procedure Rules, and the applicants failed to demonstrate substantial loss or willingness to provide security for due performance. The mandatory requirements for grant of stay under Order 43 rule 4(3) were not satisfied. The court distinguished the requirement for leave to appeal in cases arising from orders of a…

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• Stay Of Execution
• Contempt Of Court
• Affidavit Defects
• Appeal Procedure
• Security For Due Performance

Kassim v Ochieng & 2 Others

Kassim v Ochieng & 2 Others (Miscellaneous Application 52 of 2025) [2025] UGHC 366 (30 May 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 52 of 2025

Judge

Lubega, J

The High Court found the 18 March 2025 proceedings were not ex parte, declined to recall the 1st respondent for cross-examination, but allowed the applicant to present his defence.

• Setting Aside Exparte Proceedings
• Right To Fair Hearing
• Cross Examination
• Affidavit Defects
• Court Discretion
• Civil-procedure

Efulansi Namutebi and Others v Boost Investment Ltd and Others

Efulansi Namutebi and Others v Boost Investment Ltd and Others (Miscellaneous Application No. 378 of 2025) [2025] UGHCLD 57 (7 May 2025)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 378 of 2025

Judge

Naluzze Aisha Batala, J

The High Court dismissed a bid to review and stay a taxing officer’s certificate, holding that the applicants used the wrong procedure and should have appealed.

• Review Of Taxation
• Stay Of Execution
• Procedure For Challenging Registrar Orders
• Costs Taxation
• Appeals From Registrar
• Affidavit Defects

Ogbagiorgis v Nakaye & 5 Others

Ogbagiorgis v Nakaye & 5 Others (Miscellaneous Application 2918 of 2024) [2025] UGHCLD 27 (17 February 2025)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2918 of 2024

Judge

Naluzze Aisha Batala, J

The High Court struck out the supporting affidavit for non-compliance with commissioner for oaths rules and dismissed the application as incompetent.

• Affidavit Defects
• Party Joinder
• Temporary Injunctions
• Ownership Disputes
• Affidavit-defects
• Party-joinder

Nasirumbi and Others v Wafula and Others

Nasirumbi and Others v Wafula and Others (MISCELLANEOUS APPLICATION NO. 21 OF 2024) [2025] UGHC 186 (7 February 2025)

Court

High Court of Uganda

Case number

MISCELLANEOUS APPLICATION NO. 21 OF 2024

Judge

Kawesa, J

The court found that while certain paragraphs of the affidavit in support contained matters of law and were argumentative, thereby offending Order 19 Rule 3 of the Civil Procedure Rules, the offending paragraphs could be severed. The remainder of the affidavit was meaningful and sufficient to support the application. The preliminary objection was therefore overruled, and the application was allowed to proceed on its merits. The court rejected the argument that the affidavit was wholly defective and emphasized that severance is permissible where it does not render the affidavit meaningless.

Source excerpt

• Affidavit Defects
• Preliminary Objection
• Severance Of Offending Paragraphs

Yemaneab v Raesu

Yemaneab v Raesu (Miscellaneous Application 779 of 2024) [2024] UGCommC 348 (31 December 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 779 of 2024

Judge

Mutesi, J

The court found that Civil Suit No. 0092 of 2022 is barred by the doctrine of res judicata because it involves the same parties and subject matter as Civil Suit No. 0400 of 2020, which was previously dismissed for not disclosing a cause of action. The Respondent's attempt to introduce new evidence regarding the authorship of a key document does not alter the nature of the claim or create a new cause of action; such evidence should have been presented on appeal. The court held that procedural defects in the Applicant's affidavit, even if present, do not defeat an application raising pure point…

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• Res Judicata
• Cause Of Action
• Limitation Of Actions
• Abuse Of Process
• Affidavit Defects

Mujwisa v Qwicart Uganda Limited

Mujwisa v Qwicart Uganda Limited (Civil Appeal 40 of 2019) [2024] UGCommC 246 (13 August 2024)

Court

Commercial Court of Uganda

Case number

Civil Appeal 40 of 2019

Judge

Harriet Grace Magala, J

The High Court found that the appellant's affidavit in support of her application was incurably defective because she did not appear before the commissioner for oaths as required by law. The court held that this was a mandatory requirement, and the defect could not be cured by Article 126(2)(e) of the Constitution. The subsequent affidavits filed by the appellant were also found to be irregular, as they were filed after the closure of pleadings, without leave of court, and were not served on the respondent. The trial magistrate was therefore correct in dismissing the application on the basis…

Source excerpt

• Affidavit Defects
• Commissioner For Oaths Requirements
• Leave To Appeal
• Default Judgment
• Service Of Process

Segonga T/A Platinum Associates v Katebalirwe

Segonga T/A Platinum Associates v Katebalirwe (Miscellaneous Application 807 of 2017) [2024] UGHCCD 110 (15 July 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 807 of 2017

Judge

Boniface Wamala, J

The High Court set aside ex parte revision proceedings after finding that the applicant’s non-appearance was excusable because of his advocate’s gross negligence.

• Ex Parte Orders
• Setting Aside Decree
• Mistake Of Counsel
• Sufficient Cause
• Affidavit Defects
• Ex-parte-orders

Hon. Ikojo and Another v Arrow Link (U) Limited

Hon. Ikojo and Another v Arrow Link (U) Limited (Miscellaneous Application 28 of 2023) [2024] UGHC 570 (28 June 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 28 of 2023

Judge

Adonyo, J

The High Court dismissed an application to set aside ex parte proceedings after finding the supporting affidavit was sworn by an unqualified person and was invalid.

• Ex Parte Proceedings
• Setting Aside Orders
• Affidavit Defects
• Unqualified Persons
• Withdrawal Of Suit
• Ex-parte-proceedings

Nahabwe & 2 Others v Kyepaka

Nahabwe & 2 Others v Kyepaka (Miscellaneous Application 27 of 2022) [2024] UGHC 562 (28 June 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 27 of 2022

Judge

Joyce Kavuma, J

The High Court of Uganda held that affidavits sworn by two applicants were based on their own knowledge and not in representative capacity, and overruled the preliminary objection.

• Affidavit Defects
• Representative Capacity
• Preliminary Objection
• Liberal Approach To Procedure
• Affidavit-defects
• Preliminary-objection