Uganda Case Law

Kintu Ronald Bulere and Another v Grace Power Aligawesa and Others

Kintu Ronald Bulere and Another v Grace Power Aligawesa and Others (Miscellaneous Application 387 of 2024) [2025] UGHC 376 (4 June 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 387 of 2024

Judge

Godfrey Himbaza, J

The court found that the application for a temporary injunction was served out of time, contrary to Order 5 rule 1 of the Civil Procedure Rules, and no leave for extension was sought. This procedural defect is fatal and renders the application incompetent, as established by binding Supreme Court authority. Additionally, the court found that the annexures to the supporting affidavit were not properly sealed and marked by the Commissioner for Oaths, in violation of Rule 8 of the Commissioner for Oaths Rules. While the certificate of translation for the illiterate deponent was compliant, the fai…

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• Temporary Injunctions
• Service Of Process
• Affidavit Requirements
• Land Ownership Disputes

Bagamba v Nakibuuka & 3 Others

Bagamba v Nakibuuka & 3 Others (Civil Appeal 8 of 2025) [2025] UGHCLD 51 (31 March 2025)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal 8 of 2025

Judge

Naluzze Aisha Batala, J

The High Court upheld dismissal of an appealed injunction application because the amended chamber summons was served before signing and sealing, a mandatory defect.

• Preliminary Objections
• Amendment Of Pleadings
• Affidavit Requirements
• Temporary Injunctions
• Temporary-injunctions
• Amendment-of-pleadings

Okello v Okello

Okello v Okello (Miscellaneous Application 32 of 2024) [2024] UGHC 1114 (27 December 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 32 of 2024

Judge

Philip W Mwaka

The court found that while the applicant failed to file a memorandum of appeal within the prescribed thirty days and instead filed a notice of appeal (which is not the proper mode), this procedural error was not fatal to the application for leave to appeal out of time. The court accepted that the applicant's illiteracy and lack of legal representation constituted sufficient cause for the delay, especially as he attempted to pursue the appeal on his own. The court noted that certified copies of the judgment and proceedings were available from August 2023, and the applicant's delay in obtaining…

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• Enlargement Of Time
• Leave To Appeal Out Of Time
• Memorandum Of Appeal Requirements
• Ignorance Of Procedure
• Affidavit Requirements
• Judicial Discretion

Kyomuhendo and Another v Attorney General of the Republic of Uganda

Kyomuhendo and Another v Attorney General of the Republic of Uganda (Reference No.16 of 2020) [2024] EACJ 8 (10 October 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.16 of 2020

Judge

Gacuko J, Masara PJ, Muhumuza J, Nyawello DPJ, Rene J

The Court found that the Reference was fatally defective because it was supported by an affidavit deponed by the 1st Applicant on behalf of the 2nd Applicant without any resolution or documentation demonstrating authority as required by Rule 19(5) of the Rules. The absence of such authority rendered the affidavit invalid. Furthermore, Rule 25(3) mandates that a Reference challenging the legality of an act must be accompanied by a valid affidavit. The Court had previously struck out a similar affidavit in Application No. 16 of 2020 for the same defect. The Court held that affidavits are eviden…

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• Locus Standi
• Affidavit Requirements
• Environmental Protection
• Indigenous Rights
• Natural Heritage Sites
• Compensation Claims

Nsungwa & Another v Manyire (Taxation Appeal 1 of 2024)

Nsungwa & Another v Manyire (Taxation Appeal 1 of 2024) [2024] UGHC 939 (20 September 2024)

Court

High Court of Uganda

Case number

Taxation Appeal 1 of 2024

Judge

Mugabo, J

The court held that the Deputy Registrar correctly exercised discretion in taxing instruction fees at UGX. 5,000,000/=, given that the matter was settled by consent before a full trial and the value of the subject matter could be ascertained from the pleadings and valuation report. The court found no basis to interfere with the Registrar's decision on Item No. 1. Regarding Items 32-37, the court agreed that the receipts submitted by the appellants were unreliable and likely forged, justifying the Registrar's refusal to rely on them. However, the court recognized that the appellants did attend…

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• Taxation Of Costs
• Instruction Fees
• Disbursements
• Bill Of Costs
• Court Discretion
• Affidavit Requirements

Nguge & 3 Others v Tumushime & Another

Nguge & 3 Others v Tumushime & Another (Miscellaneous Application 27 of 2023) [2024] UGHC 831 (5 September 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 27 of 2023

Judge

Emokor, J

The High Court granted leave to appeal out of time, finding sufficient cause in the applicants’ self-representation and lack of legal advice, and dismissed an affidavit objection.

• Extension Of Time
• Leave To Appeal
• Affidavit Requirements
• Probate And Estates
• Right Of Appeal
• Leave-to-appeal

Taali and 2 Others v Omonuk and Another (Revision Application 16 of 2022)

Taali and 2 Others v Omonuk and Another (Revision Application 16 of 2022) [2024] UGHC 606 (4 July 2024)

Court

High Court of Uganda

Case number

Revision Application 16 of 2022

Judge

Apiny, J

The High Court dismissed a revision application in a land dispute, ruling it was incompetent, not amenable to revision, and served out of time.

• Revision Jurisdiction
• Limitation Of Actions
• Service Of Process
• Affidavit Requirements
• Civil-procedure
• Revision-jurisdiction

Kitatta & Another v Ssebiso

Kitatta & Another v Ssebiso (Miscellaneous Application 2716 of 2023) [2024] UGCommC 186 (2 May 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2716 of 2023

Judge

Tumusiime Rubagumya, J

The court found that the affidavit sworn by the 1st applicant was competent, as both applicants were parties to the same transaction and the 1st applicant had full knowledge of the facts. The absence of express written authority from the 2nd applicant was a procedural irregularity, not a fatal defect, especially since both applicants relied on the same evidence. The court also held that allegations of falsehoods in the affidavit could not be determined at this stage without further evidence and should be resolved at trial. On the merits, the court determined that the applicants had raised bon…

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• Summary Procedure
• Leave To Defend
• Affidavit Requirements
• Sale Of Land
• Triable Issues
• Amendment Of Pleadings

Wasswa Kitatta Kibirango and Another v Ssebiso Peter (Misc. Application No. 2716 of 2023)

Wasswa Kitatta Kibirango and Another v Ssebiso Peter (Misc. Application No. 2716 of 2023) [2024] UGCommC 389 (2 May 2024)

Court

Commercial Court of Uganda

Case number

Misc. Application No. 2716 of 2023

Judge

Tumusiime Rubagumya, J

The court found that the affidavit sworn by the 1st applicant was competent, as both applicants were involved in the same transaction and the 1st applicant expressly stated he was swearing on behalf of both. The court rejected the respondent's preliminary objections regarding lack of authority and alleged falsehoods, holding that such technicalities should not override substantive justice, especially where the parties share the same facts. On the merits, the court determined that the applicants had raised bona fide triable issues regarding the payment of the purchase price and the existence a…

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• Summary Procedure
• Leave To Defend
• Affidavit Requirements
• Sale Of Land
• Triable Issues
• Amendment Of Pleadings

Byenkya v Mugisa

Byenkya v Mugisa (Miscellaneous Application 30 of 2023) [2024] UGHC 435 (19 April 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 30 of 2023

Judge

Byaruhanga Rugyema, J

The High Court at Hoima dismissed an application to set aside dismissal and reinstate a previous miscellaneous application, finding no sufficient cause for non-appearance.

• Reinstatement Of Dismissed Suit
• Affidavit Requirements
• Mistake Of Counsel
• Non Appearance
• Court Discretion
• Civil-procedure