Uganda Case Law

Kamulegeya & 15 Others v National Forestry Authority

Kamulegeya & 15 Others v National Forestry Authority (Civil Suit 300 of 2013) [2023] UGCommC 209 (10 October 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 300 of 2013

Judge

Anna B. Mugenyi, J

The Plaintiffs failed to produce credible evidence of licensing agreements issued by the Defendant or its predecessor, as required by law. While some Plaintiffs provided receipts for payments, these did not constitute licenses nor did they establish the terms and conditions of any alleged agreements. The Defendant's conduct, including meetings and offers of alternative land, did not amount to an admission of liability or proof of valid licenses. Without documentary evidence of licenses, the Plaintiffs could not establish their entitlement to the land or compensation for loss of trees. The cou…

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• Licensing Agreements
• Forest Reserve Management
• Breach Of Contract
• Compensation For Loss
• Evidence Of Title

Akuzewo v Jinja Municipal Council (Misc Cause 6 of 2020)

Akuzewo v Jinja Municipal Council (Misc Cause 6 of 2020) [2023] UGHCCD 303 (1 September 2023)

Court

HC: Civil Division (Uganda)

Case number

Misc Cause 6 of 2020

Judge

Bukirwa, J

The High Court quashed a town clerk’s order stopping construction, found procedural impropriety for want of a fair hearing, and awarded damages, compensation, and costs.

• Judicial Review
• Certiorari
• Prohibition
• Procedural Impropriety
• Fair Hearing
• Compensation For Loss

Ndagano v Miiro and Ors

Ndagano v Miiro and Ors (Civil Suit No. 960 of 2017) [2022] UGCommC 35 (7 April 2022)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 960 of 2017

Judge

Gaswaga, J

The High Court held that the defendants unlawfully evicted the plaintiff, locked her premises, and confiscated business property after rent had been paid.

• Unlawful Eviction
• Breach Of Tenancy Agreement
• Compensation For Loss
• Business Interference
• Unlawful-eviction
• Business-interference

DMW (U) LTD v Attorney General & Another

DMW (U) LTD v Attorney General & Another (CIVIL SUIT NO. 24 OF 2019) [2020] UGHCCD 112 (20 May 2020)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 24 OF 2019

Judge

Bashaija, J

The High Court held that NEMA unlawfully halted DMW (U) Ltd’s sand-mining permits, found both defendants jointly liable, and awarded compensation, special damages, general damages, interest, and costs.

• Wetland Permits
• Breach Of Contract
• Compensation For Loss
• Legitimate Expectation
• Special And General Damages
• Administrative Action

Obot v UMEME Limited (MISCELLENOUS APPLICANT EDT 1 of 2011)

Obot v UMEME Limited (MISCELLENOUS APPLICANT EDT 1 of 2011) [2018] UGEDT 9 (14 February 2018)

Court

Electricity Disputes Tribunal

Case number

MISCELLENOUS APPLICANT EDT 1 of 2011

Judges

Charles Okoth Owor - Chairperson Electricity Disputes Tribunal, Anaclet Turyakira, - Vice Chair Person Electricty Disputes Tribunal, Eng. Dr. Moses Musaazi - Member Electricity Disputes Tribunal

The tribunal found that the Respondent failed to prove the legality of the disconnection, as there was no evidence of meter bypass or outstanding bills justifying the action. The only witness for the Respondent did not substantiate the alleged reasons for disconnection. The tribunal concluded that the disconnection was illegal and that the Complainant suffered loss as a result. While the claim for special damages was not satisfactorily proved due to discrepancies in the audit report and lack of supporting evidence, the tribunal was satisfied that the Complainant suffered substantial loss of i…

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• Illegal Disconnection
• Compensation For Loss
• Special And General Damages
• Burden Of Proof

Stanley Technical Service Limited v UMEME Limited (EDT COMPLAINT 2 of 2016)

Stanley Technical Service Limited v UMEME Limited (EDT COMPLAINT 2 of 2016) [2017] UGIC 28 (3 November 2017)

Court

Industrial Court of Uganda

Case number

EDT COMPLAINT 2 of 2016

Judges

Charles Okoth Owor - Chairperson Electricity Disputes Tribunal, Anaclet Turyakira, - Vice Chair Person Electricty Disputes Tribunal, Eng. Dr. Moses Musaazi - Member Electricity Disputes Tribunal

The tribunal found that the respondent's disconnection of the complainant's electricity supply was manifestly unlawful. There was no evidence of a valid government directive or policy in force at the time of disconnection, nor was there compliance with the applicable regulatory framework. The respondent failed to provide reasonable notice, did not investigate or respond to the applicant's complaint in a timely manner, and ignored both the applicant's and the regulator's communications. The tribunal held that the respondent could not lawfully compel the applicant to join a private company as a…

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• Electricity Supply Disputes
• Regulatory Compliance
• Compensation For Loss
• Bulk Metering Policies

Kendo v Umar Rizwan & Anor

Kendo v Umar Rizwan & Anor (Civil Suit No. 590 of 2014) [2017] UGCommC 73 (5 June 2017)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 590 of 2014

The High Court awarded the plaintiff UGX 52,000,000 for a truck not returned after hire, with interest and costs, and dismissed the claim against the second defendant.

• Detinue
• Contract Of Hire
• Assessment Of Damages
• Liquidated Damages
• Compensation For Loss
• Interest Awards

Nambale v Construction Enterprises 'PUT' SARAJEVO Ltd (HCT-040CV-CS 123 of 2000)

Nambale v Construction Enterprises 'PUT' SARAJEVO Ltd (HCT-040CV-CS 123 of 2000) [2006] UGCommC 70 (22 April 2006)

Court

Commercial Court of Uganda

Case number

HCT-040CV-CS 123 of 2000

The court found that the defendant, as an independent contractor, was liable for the negligent damage caused to the plaintiff’s foundation on plot 40 during the execution of road works, as the works were not carried out in accordance with the Ministry of Works specifications to the extent that they caused damage to existing structures. The defendant’s argument that the plaintiff’s foundation was unlawfully within the road reserve was rejected due to lack of evidence of a ministerial order specifying the prohibited distance and the fact that all adjacent buildings were similarly situated. The…

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• Negligence
• Damage To Property
• Road Construction Liability
• Compensation For Loss

Dushiime v Lake side College Luzira

Dushiime v Lake side College Luzira (CIVIL SUIT No. 411 OF 2016) [2017] UGHCCD 13 (14 November 2017)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT No. 411 OF 2016

Judge

Musota, J

The court found that a valid tenancy agreement existed between the plaintiff and the defendant at the time of the fire. However, the evidence indicated that the fire was likely caused by an arsonist, as per initial investigations, and not due to any breach by the defendant. The defendant had offered and the plaintiff accepted UGX 30,000,000 as a contribution towards reconstruction, which the court interpreted as a waiver of further claims. Since the investigations had not established the defendant's liability for the fire, and the plaintiff had accepted compensation, the court held that the d…

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• Tenancy Agreements
• Breach Of Implied Terms
• Property Damage
• Compensation For Loss