Bujagali Energy Limited v Kafumba (Civil Appeal 18 of 2021) [2025] UGSC 3 (27 February 2025)
Court
Supreme Court of Uganda
Case number
Civil Appeal 18 of 2021
Judge
Tibatemwa-Ekirikubinza, JSC, Tuhaise, JSC, Mike Chibita, JSC, Elizabeth Musoke, JSC, Stephen Musota, JSC
The Supreme Court dismissed Bujagali Energy Ltd’s appeal, holding that the Court of Appeal was right to remit an improperly dismissed High Court matter for hearing on the merits.
Second appeal over ownership of Plot 6A at Kajaho trading centre was dismissed because the appellant raised factual issues and new arguments not open on second appeal.
Kabazi v Kabazi (Civil Appeal 118 of 2023) [2024] UGHC 782 (13 August 2024)
Court
High Court of Uganda
Case number
Civil Appeal 118 of 2023
Judge
Lubega, J
The court held that the right of appeal is strictly statutory and that appeals from orders made on preliminary objections do not lie as of right unless leave is obtained from the court making the order or, if denied, from the appellate court. The appellant failed to seek and obtain such leave before filing the appeal against the dismissal of Land Suit No. 07 of 2023 on the ground of res judicata. The court relied on statutory provisions and binding case law to conclude that obtaining leave is an essential prerequisite and not a mere procedural formality. As the appellant did not comply with t…
Nyende & Another v Kafeero & 3 Others (Miscellaneous Application 155 of 2023) [2024] UGHC 626 (22 May 2024)
Court
High Court of Uganda
Case number
Miscellaneous Application 155 of 2023
Judge
Bukirwa, J
The High Court, exercising appellate jurisdiction, found that the Deputy Registrar erred in law and fact by declining to grant a temporary injunction, improperly determining substantive rights at the interlocutory stage, and issuing orders not sought by the parties. The court held that the Applicants established a prima facie case with triable issues regarding their occupation and alleged fraud, and demonstrated irreparable injury due to the sentimental and business value of the property, which could not be adequately compensated by damages. The balance of convenience favored the Applicants,…
The Supreme Court held that the Court of Appeal was empowered under Section 11 of the Judicature Act to re-sentence the appellants after finding the original sentence illegal due to failure to deduct the remand period as required by Article 23(8) of the Constitution. The Court found that remission to the High Court was unnecessary since all relevant evidence and submissions were on record, and the appellate court properly exercised its discretion in reviewing mitigating and aggravating factors. The Court distinguished prior cases involving mandatory death sentences, noting that the present ap…
Tekereza & Others v Kyaligonza & Others (Civil Application 1284 of 2023) [2024] UGCA 64 (20 March 2024)
Court
Court of Appeal of Uganda
Case number
Civil Application 1284 of 2023
Judge
Monica K. Mugenyi, JA
The Court found that the applicants had made efforts to have their application for interim orders heard in the High Court, but were frustrated by the lower court's refusal. This justified the invocation of the Court of Appeal's inherent powers under Rule 2(2) and the exception under Rule 42(2) to entertain the application. The Court determined that the dismissal of Civil Application No. 1130 of 2023 was erroneous and that, in the interests of justice, the status quo should be preserved pending determination of the substantive application for stay of execution. The application for review was t…
John Matovu Mulindwa & 19 others v Naiga Rosemary, Masengere Stephen & Magandazi Lubega Aloysius (Miscellaneous Application 94 of 2024) [2024] UGHCLD 40 (19 February 2024)
Court
HC: Land Division (Uganda)
Case number
Miscellaneous Application 94 of 2024
Judge
Naluzze Aisha Batala, J
The High Court held that review lies only to the court that made the original decree or order, not to an appellate court, and dismissed the application with costs.
Heritage oil and Gas Limited v Uganda Revenue Authority (Civil Appeal 3 of 2021) [2023] UGSC 47 (5 October 2023)
Court
Supreme Court of Uganda
Case number
Civil Appeal 3 of 2021
Judge
Mwondha, JSC, Tibatemwa-Ekirikubinza, JSC, Tuhaise, JSC, Mike Chibita, JSC, Elizabeth Musoke, JSC
The Supreme Court held that the right of appeal to the Supreme Court from interlocutory orders exists only where the High Court exercises original jurisdiction and the Court of Appeal confirms, varies, or reverses the decision. In this case, the High Court was exercising appellate jurisdiction under Section 27 of the Tax Appeals Tribunal Act, not original jurisdiction. The appeal before the Supreme Court arose from an interlocutory order made by the High Court in its appellate capacity, and the Court of Appeal's decision on the matter was final and not subject to further appeal to the Supreme…