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Uganda decisions
Decisions matching the current search
Remo v Midia Sub-County Local Government (Civil Appeal No. 0008 of 2014) [2017] UGHCLD 260 (20 July 2017)
The High Court allowed an appeal against dismissal of a land suit and injunction application, holding that statutory notice was not a mandatory bar and the matter should be heard on merits.
Continental Tobacco (U) Limited v Global Hardware Company Limited (Civil Appeal No. 0017 of 2013) [2016] UGHC 8 (1 December 2016)
The High Court found that the appellant's failure to attend court was solely attributable to the negligence of its advocate, who failed to communicate the hearing date. The appellant was not complicit in this negligence. The lower court erred by disregarding binding precedent that holds a client should not be penalized for the mistake of counsel. The burden was on the respondent to prove that the appellant was notified of the hearing date, which was not discharged. The Chief Magistrate's refusal to follow binding authorities and reliance solely on the procedural rule regarding service on advo…
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Continental Tobacco (U) Limited v Global Hardware Company Limited (CIVIL APPEAL No. 0017 OF 2013) [2016] UGHCCD 116 (1 December 2016)
The Chief Magistrate erred by failing to follow binding precedent regarding the effect of counsel's negligence on the client. The appellant was not complicit in the advocate's failure to communicate the hearing date, and the burden of proof to show notification lay with the respondent, which was not discharged. The lower court improperly dismissed the application to set aside the ex-parte judgment, disregarding established legal principles that protect litigants from the consequences of their counsel's mistakes. The appeal succeeds, the ex-parte judgment and decree are set aside, and the suit…
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