The Industrial Court overruled objections on appeal timing, instructions, and authority, then granted an interim stay of execution pending the main application.
Odama v St. Daniel Comboni College (MISCELLANEOUS CIVIL APPLICATION No. 0007 OF 2017) [2017] UGHCCD 39 (12 April 2017)
Court
HC: Civil Division (Uganda)
Case number
MISCELLANEOUS CIVIL APPLICATION No. 0007 OF 2017
Judge
Stephen Mubiru, J
The High Court of Uganda dismissed an application to set aside a consent judgment, holding that the applicant failed to prove forgery, lack of authority, or fatal irregularity.
Betuco (U) Ltd and Anor v Barclays Bank (U) Ltd & Anor (HCT-00-CC-MA 507 of 2009) [2009] UGCommC 48 (29 October 2009)
Court
Commercial Court of Uganda
Case number
HCT-00-CC-MA 507 of 2009
The High Court granted leave to appeal in a commercial dispute, finding one issue about mediation and consent judgments raised a public-interest question.
City African Textiles Shop (u) Ltd v Jan Mohamed Ltd (HCT-00-CV-MA-0437 OF 2002) (HCT-OO-CV-MA-0437 of 2002) [2002] UGHC 22 (14 October 2002)
Court
High Court of Uganda
Case number
HCT-OO-CV-MA-0437 of 2002
The High Court set aside a consent order after finding the applicant company’s advocates lacked authority to compromise the suit, and that Hussein Abdalla was not authorized to bind the company.
Rashid Kibirige v Dr. A.Lubega [1987] UGSC 4 (19 November 1987)
Court
Supreme Court of Uganda
The Court found that the applicant's former counsel withdrew the appeal without the applicant's instructions, which was improper. The Court emphasized that an advocate must act strictly on client instructions and cannot unilaterally withdraw an appeal. The Court relied on established case law confirming that actions taken by counsel without authority, especially those prejudicing the client's substantive rights, may be set aside. The Court further held that Rule 67 of the Court of Appeal Rules is broad enough to permit restoration of an appeal withdrawn at hearing, not just in writing before…
Harichand v Udin and Another (Civil Case No. 301 of 1932,) [1940] EACA 30 (1 January 1940)
Court
East African Court of Appeal
Case number
Civil Case No. 301 of 1932,
Judge
Lucie-Smith, J. (Kenya)
The application for execution made in the name of the deceased judgment creditor is valid, as execution proceedings do not abate upon the death of the decree holder. The relevant rules and authorities establish that heirs or representatives may continue or initiate execution without the need for formal substitution or letters of administration. The advocate's authority to act is revived by fresh instructions from the widow of the deceased, who is an interested party. The objections raised by the judgment debtors are not supported by the applicable procedural rules or case law, and the applica…