Uganda Case Law

Waibale and Others v The Attorney General

Waibale and Others v The Attorney General (Miscellaneous Application 428 of 2017) [2024] UGHCCD 62 (2 May 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 428 of 2017

Judge

Boniface Wamala, J

The court found that the consent order entered into by the parties on 13th March 2014 and endorsed by the court was valid and binding, as there was no evidence of fraud, misrepresentation, collusion, or illegality. The Applicants, having benefited from the consent order, are estopped from reverting to the original decree and can only claim the outstanding balance under the consent. The agreements with lawyers and commission agents for payment from the decretal sum were found to be champertous and thus unenforceable. The Respondent is ordered to pay the outstanding decretal sum within one year…

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• Consent Judgment Variation
• Execution Of Decree
• Pension And Terminal Benefits
• Champerty And Maintenance
• Advocates Fees
• Estoppel

Kobusingye v Zimbiha

Kobusingye v Zimbiha (Civil Appeal No. 69 of 2019) [2022] UGCA 201 (1 August 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 69 of 2019

Judge

Egonda-Ntende, JA, Kibeedi Mutangula, JA, Gashirabake, JA

The Court of Appeal held that the Memorandum of Understanding between the appellant and respondent was champertous and unenforceable under Ugandan law. The agreement was concluded before the Contracts Act 2010 came into force, so the common law applied. At common law, champerty and maintenance agreements are void and illegal, as they offend public policy by encouraging litigation for personal gain. The court found that the appellant's claim for 10% of the compensation awarded to the respondent was not made in good faith for reasonable recompense, but rather constituted an unlawful share in th…

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• Champerty And Maintenance
• Illegality Of Contracts
• Public Policy
• Quantum Meruit

Tumwijukye Mpirirwe & 10 Others V Lt. Col. Kabareebe David & 13 Others (MISC. APPLICATION NO. 555 OF 2018)

Tumwijukye Mpirirwe & 10 Others V Lt. Col. Kabareebe David & 13 Others (MISC. APPLICATION NO. 555 OF 2018) [2019] UGHCCD 193 (21 March 2019)

Court

HC: Civil Division (Uganda)

Case number

MISC. APPLICATION NO. 555 OF 2018

Judge

Mugambe, J

The High Court held that compensation for Mpokya claimants should be paid through M/s Mushabe, Munungu & Co. Advocates, not through MECCABEA, and dismissed the application.

• Powers Of Attorney
• Champerty And Maintenance
• Beneficiary Verification
• Fraudulent Agreements
• Court Order Implementation
• Powers-of-attorney