Uganda Case Law

Ssebina & Others v Pearl Development Group Ltd & Others

Ssebina & Others v Pearl Development Group Ltd & Others (Miscellaneous Application 151 of 2023) [2024] UGHCLD 56 (4 March 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 151 of 2023

Judge

Naluzze Aisha Batala, J

The court found that the applicants had already amended their plaint once and failed to exercise their right to reply to the written statements of defence. The intended amendment was an afterthought, sought to defeat the respondents' defences of limitation and lack of cause of action, and was prejudicial. The amendment did not introduce any new matter in controversy that could not be handled by existing pleadings. The application was found to be mala fide, against the law of limitation, and intended to distort evidence. Therefore, the application did not meet the legal test for granting leave…

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• Amendment Of Pleadings
• Limitation Of Actions
• Cause Of Action
• Affidavit Practice

Nassar v I .S and M Holdings Limited and Another

Nassar v I .S and M Holdings Limited and Another (Miscellaneous Application 415 of 2023; Miscellaneous Application 904 of 2023) [2024] UGHCLD 13 (12 January 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 415 of 2023 ; Miscellaneous Application 904 of 2023

Judge

Asiimwe, J

The High Court held that a rejoinder filed without leave was improper and struck it out, and it cancelled witness summons issued by the Registrar in error.

• Pleadings Closure
• Affidavit Practice
• Leave Of Court
• Witness Summons
• Court Registry Powers
• Civil-procedure

Okwonga George and Anor vs Okello James Harrison

Okwonga George and Anor vs Okello James Harrison (Miscellaneous Civil Application No. 132 of 2021) [2022] UGHC 29 (21 October 2022)

Court

High Court of Uganda

Case number

Miscellaneous Civil Application No. 132 of 2021

Judge

Okello, J

The court found that although a valid judgment existed dismissing the applicants' appeal, there was no specific order restraining the respondent from using the suit land. The applicants failed to prove non-compliance with any court order, as both the trial and appellate courts confirmed the respondent's right to use the land as a member of the clan. The allegations regarding exclusion of other family members and violence were unsupported and outside the scope of civil contempt. The court also struck out argumentative and abusive portions of the applicants' affidavits. As there was no breach o…

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• Contempt Of Court
• Customary Land Disputes
• Affidavit Practice
• Costs Award

Nabukeera Hanifa v Kusasira Peace K. Mubiru and Electoral Commission

Nabukeera Hanifa v Kusasira Peace K. Mubiru and Electoral Commission (Election Petition Appeal 72 of 2016) [2017] UGCA 137 (20 November 2017)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal 72 of 2016

Judge

Owiny-Dollo, DCJ, Kavuma, JA, Mugamba, JA

Appeal from a parliamentary election petition. The Court addressed burden of proof, recanted affidavits, voter bribery, and non-compliance, and upheld the election.

• Parliamentary Elections
• Burden And Standard Of Proof
• Evidence Admissibility
• Voter Bribery
• Electoral Noncompliance
• Affidavit Practice

Bhagubhai Bhanabhai

Bhagubhai Bhanabhai [1954] EACA 134 (1 January 1954)

Court

East African Court of Appeal

The court held that the word 'child' in item (c) of the Schedule to the Defence (Admission of Women and Children) Regulations, 1940, refers only to legitimate issue of the first generation and does not include adopted children. However, the regulation does not require that only those who strictly fall within the scheduled categories may be admitted; rather, if the immigration officer is satisfied that a person comes within a category and is not a prohibited immigrant, he may permit entry. In this case, the immigration officer was satisfied and granted the applicant entry in 1947, and there wa…

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• Habeas Corpus
• Immigration Control
• Deportation Orders
• Statutory Discretion
• Affidavit Practice