Uganda Case Law

Harriet Nattu Mukasa and Another v Serunjogi Isaac and Others

Harriet Nattu Mukasa and Another v Serunjogi Isaac and Others (Miscellaneous Application 68 of 2024) [2025] UGHC 374 (4 June 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 68 of 2024

Judge

Godfrey Himbaza, J

The court found that the respondents' affidavit in reply, though filed out of time, did not cause prejudice to the applicants and should not be struck out, emphasizing substantive justice over technicalities. On the merits, the court determined that the applicants had been in possession of the suit land for over 20 years without challenge, and the respondents failed to provide evidence linking their claimed property to the suit land or to demonstrate any legitimate interest or possession. The respondents' claims were found to be largely speculative and unsupported by credible evidence. Applyi…

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• Security For Costs
• Frivolous And Vexatious Suits
• Land Ownership Disputes
• Affidavit Timeliness

Buzandora v Ndihoreye

Buzandora v Ndihoreye (Civil Miscellaneous Application 11 of 2022) [2024] UGHC 161 (28 February 2024)

Court

High Court of Uganda

Case number

Civil Miscellaneous Application 11 of 2022

Judge

Emokor, J

The court found that while the applicant was present at the delivery of judgment and was discharged from hospital shortly thereafter, the evidence of illness was accepted as genuine. However, the delay in filing the application was attributed to the applicant's laxity, as the treatment notes did not show incapacity to instruct counsel. Despite this, in the interest of justice and guided by the principle that substantive rights should not be defeated by technical lapses, the court exercised its discretion to extend the time for appeal. The respondent's affidavit in reply, though filed out of t…

Source excerpt

• Extension Of Time To Appeal
• Service Of Process
• Affidavit Timeliness
• Judgment Delivery Notice

Lukyamuzi v Kajimba & Another

Lukyamuzi v Kajimba & Another (Miscellaneous Application 250 of 2022) [2023] UGHC 372 (6 June 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 250 of 2022

Judge

Katamba Nkwanga, J

The High Court dismissed an application to strike out a late affidavit in reply, holding that the delay was caused by counsel and should not be visited on the litigant.

• Affidavit Timeliness
• Service Of Process
• Striking Out Affidavit
• Ex Parte Proceedings
• Affidavit-timeliness
• Service-of-process

Balikuddembe and Another v Aurum Roses Limited and 5 Others

Balikuddembe and Another v Aurum Roses Limited and 5 Others (Miscellaneous Application No. 1795 of 2021) [2022] UGHCLD 98 (1 April 2022)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 1795 of 2021

Judge

Kawesa, J

The High Court struck out an out-of-time affidavit, rejected a locus standi objection, and allowed the applicants to be added as defendants in the main suit.

• Affidavit Timeliness
• Locus Standi
• Addition Of Parties
• Written Statement Of Defense
• Civil-procedure
• Locus-standi

Namatovu and Another v Nakanjako and 2 Others

Namatovu and Another v Nakanjako and 2 Others (Miscellaneous Application No. 137 of 2020) [2021] UGHCCD 253 (24 May 2021)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 137 of 2020

Judge

Katamba Nkwanga, J

The High Court of Uganda at Masaka reviewed and set aside its earlier judgment against the applicants, finding they had been wrongly listed as defendants without proper substitution.

• Review Of Judgment
• Error Apparent On Record
• Substitution Of Parties
• Affidavit Timeliness
• Review-of-judgment
• Error-apparent-on-record

National Resistance Movement & Anor v NBS Television Ltd & Anor

National Resistance Movement & Anor v NBS Television Ltd & Anor (Miscellaneous Application No. 73 of 2017) [2017] UGCommC 70 (6 June 2017)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 73 of 2017

The High Court granted the applicants unconditional leave to defend a summary suit, finding their affidavit raised triable issues on privity, party status, and liability.

• Summary Suit Procedure
• Privity Of Contract
• Corporate Personality
• Vicarious Liability
• Affidavit Timeliness
• Summary-suit-procedure

Oilnet Petroleum (U) Ltd & Anor v Futures Energy Co. Ltd

Oilnet Petroleum (U) Ltd & Anor v Futures Energy Co. Ltd (Miscellaneous Application No. 387 of 2015) [2016] UGCommC 34 (1 April 2016)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 387 of 2015

The court validated a late affidavit in reply, then held the applicants had not pleaded a sufficiently particularised defence to a summary suit over supplied petroleum products.

• Summary Suit Procedure
• Leave To Defend
• Contractual Liability
• Affidavit Timeliness
• Liquidated Demands
• Summary-suit-procedure

Stop and See (U) Ltd v Tropical Africa Bank Ltd

Stop and See (U) Ltd v Tropical Africa Bank Ltd (Miscellaneous Application No. 333 of 2010) [2010] UGCommC 41 (9 December 2010)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 333 of 2010

The court struck out a respondent’s affidavit in reply for being filed about five months late and held that statutory filing timelines are not mere technicalities.

• Affidavit Timeliness
• Preliminary Objection
• Temporary Injunctions
• Estoppel In Procedure
• Civil-procedure
• Affidavit-timeliness