Uganda Case Law

Ntanda v Dr. D B Kyegombe and Another

Ntanda v Dr. D B Kyegombe and Another (Miscellaneous Civil Application 8 of 2021) [2021] UGCommC 166 (27 May 2021)

Court

Commercial Court of Uganda

Case number

Miscellaneous Civil Application 8 of 2021

Judge

Stephen Mubiru, J

The applicant failed to comply with the terms of the decree for specific performance within the time specified by the court and did not seek an order enlarging time for compliance before seeking execution. The equitable remedy of specific performance requires the applicant to come with clean hands and to have performed or tendered performance of all conditions precedent. The applicant's delay and failure to comply with the decree's terms disentitle him from enforcement of the decree. The court cannot deliver possession of the 23 acres in execution of the decree until the applicant corrects th…

Source excerpt

• Specific Performance
• Execution Of Decree
• Contract For Sale Of Land
• Enlargement Of Time
• Clean Hands Doctrine

Bakiza v Nafuna Bakiza (Divorce Cause No. 22 of 2011)

Bakiza v Nafuna Bakiza (Divorce Cause No. 22 of 2011) [2015] UGHCFD 26 (20 August 2015)

Court

HC: Family Division (Uganda)

Case number

Divorce Cause No. 22 of 2011

Judge

Tuhaise, J

The High Court held that the matrimonial home at Plot 5 Semawata Road, Ntinda belonged to the cross petitioner after he redeemed the mortgage and the respondent lost her claim through wrongdoing.

• Matrimonial Property
• Division Of Property
• Joint Ownership
• Mortgage Liability
• Clean Hands Doctrine
• Matrimonial-property

Obai Vs Ariongo (HCT-04-CV-MA-314-2014)

Obai Vs Ariongo (HCT-04-CV-MA-314-2014) [2015] UGHCCD 100 (28 July 2015)

Court

HC: Civil Division (Uganda)

Case number

HCT-04-CV-MA-314-2014

The High Court of Uganda at Mbale dismissed an application to review and set aside earlier orders, finding no sufficient reason under Order 46 CPR and rejecting reliance on Article 126(2)(e).

• Review Of Court Orders
• Sufficient Reason For Review
• Abuse Of Process
• Application Of Article 126
• Clean Hands Doctrine
• Civil-procedure

Moses Kamya v Ibrahim Mpungu

Moses Kamya v Ibrahim Mpungu (civil suit No. 279 of 2011) [2012] UGHC 417 (24 May 2012)

Court

High Court of Uganda

Case number

civil suit No. 279 of 2011

Judge

Mwondha, J

The court found that the applicant's affidavit was riddled with contradictions and falsehoods, undermining his credibility and failing to provide a reasonable justification for non-attendance. The applicant was aware of the hearing date and time but chose to attend before the Registrar, who lacked jurisdiction. The court emphasized that an application supported by falsehoods cannot be sustained and that the applicant did not approach the court with clean hands. Consequently, there was no basis for setting aside the dismissal, and the application lacked merit.

Source excerpt

• Reinstatement Of Application
• Dismissal For Nonattendance
• Affidavit Falsehoods
• Clean Hands Doctrine

Housing Finance Bank Limited and Another v Musisi

Housing Finance Bank Limited and Another v Musisi (Miscellaneous Application 158 of 2010) [2011] UGCA 15 (26 September 2011)

Court

Court of Appeal of Uganda

Case number

Miscellaneous Application 158 of 2010

Judge

Kavuma, JA, Nshimye, JA, Kasule, JA

The court held that the applicants failed to demonstrate, by evidence, that they would suffer substantial or irreparable loss if the stay of execution was not granted. The affidavits in support of the application merely asserted irreparable injury without substantiation. The court found that the property in question was not at risk of disappearing during the pendency of the Supreme Court appeal, as the third party had already entered into a tenancy agreement with the respondent. Furthermore, the applicants were found to be in contempt of court for failing to comply with a prior order to depos…

Source excerpt

• Stay Of Execution
• Mortgage Enforcement
• Contempt Of Court
• Clean Hands Doctrine