Uganda Case Law

Kazooba v M.K Creditors Ltd & Others

Kazooba v M.K Creditors Ltd & Others (Miscellaneous Application 1257 of 2022) [2024] UGCommC 37 (4 March 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1257 of 2022

Judge

Harriet Grace Magala, J

The High Court determined that the constitutional question regarding the appointment and deployment of acting judges had already been conclusively addressed by the Constitutional Court in Constitutional Petition No. 15 of 2022, which found the designation of acting judges for a term of two years to be unconstitutional but did not retrospectively nullify their appointments or judicial acts. The doctrine of res judicata precludes referring the same question to the Constitutional Court again. The High Court is bound by the Constitutional Court's decision under stare decisis, and the pending appe…

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• Judicial Appointments
• Acting Judges
• Constitutional Reference
• Case Consolidation

CNOOC Uganda Limited v Commissioner General Uganda Revenue Authority

CNOOC Uganda Limited v Commissioner General Uganda Revenue Authority (Miscellaneous Application No. 754 of 2020) [2020] UGCommC 159 (6 November 2020)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 754 of 2020

Judge

Wabwire, J

The court found that the dismissal of HCCS 612 of 2015 was premature and erroneous, as mandatory scheduling conference had not occurred and steps had been taken by the respondent to move the matter forward, evidenced by correspondence to the court. The extracted order implied a hearing and attendance by parties, whereas the dismissal was made suo motu without notice, constituting an error apparent on the face of the record. The court held that the prerequisites for dismissal under Order 17 Rules 5 & 6 CPR were not met. Although the application could potentially offend the lis pendens rule if…

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• Review Of Court Orders
• Dismissal For Want Of Prosecution
• Jurisdiction Of High Court
• Lis Pendens Rule
• Transfer To Tax Appeals Tribunal
• Case Consolidation

Oliobe & Ors v Uganda

Oliobe & Ors v Uganda (Miscellaneous Criminal Application Nos. 0015, 0016, And 0017 of 2016) [2016] UGHCCRD 15 (25 July 2016)

Court

HC: Criminal Division (Uganda)

Case number

Miscellaneous Criminal Application Nos. 0015, 0016, And 0017 of 2016

Judge

Stephen Mubiru, J

The court held that while the applicants have a constitutional right to apply for bail and are presumed innocent, the offence charged is murder, a capital offence for which bail is only granted upon proof of exceptional circumstances. The applicants failed to provide reliable evidence of exceptional circumstances, such as advanced age, and did not offer safeguards sufficient to address the court's concerns regarding the risk of absconding, interference with witnesses, and public safety. The proximity of the applicants to the victims and witnesses, the nature of the offence as a mob killing, a…

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• Bail Pending Trial
• Exceptional Circumstances
• Presumption Of Innocence
• Sureties
• Public Safety
• Case Consolidation

M/S Assist (U) Limited v M/S Italian Ashaphalt Haulage Limited and Another

M/S Assist (U) Limited v M/S Italian Ashaphalt Haulage Limited and Another (Civil Miscellaneous Application No. 424 of 1999) [2003] UGCommC 126 (19 December 2003)

Court

Commercial Court of Uganda

Case number

Civil Miscellaneous Application No. 424 of 1999

Judge

Kiryabwire, J

The court consolidated related rent-distress proceedings, reserved the application issues for final judgment in the main suit, and extended the stay on sale of the distrained property.

• Distress For Rent
• Interim Orders
• Case Consolidation
• Multiplicity Of Suits
• Distress-for-rent
• Interim-orders