Uganda Case Law

Attorney General v Sundya and 5 Others

Attorney General v Sundya and 5 Others (Constitutional Application 26 of 2022) [2023] UGCC 118 (26 May 2023)

Court

Constitutional Court of Uganda

Case number

Constitutional Application 26 of 2022

Judge

Buteera, DCJ, Bamugemereire, JCC, Kibeedi Mutangula, JCC, Mulyagonja, JCC, Kihika, JA /JCC

The court found that the applicant satisfied all the established conditions for the grant of a stay of execution pending appeal. The applicant lodged a notice of appeal within the prescribed time, raising serious constitutional and legal issues that warrant consideration by the Supreme Court. The court held that it is not necessary at this stage to determine the merits of the appeal, only that there is a substantial question to be adjudicated. The court further determined that if a stay is not granted, the appeal could be rendered nugatory, as the release of inmates serving long sentences wou…

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• Stay Of Execution
• Appeal Procedure
• Prisoner Rights
• Compensatory Damages

Zziimwe Enterproses Hardwares and Construction Limited v Attorney General

Zziimwe Enterproses Hardwares and Construction Limited v Attorney General (Civil Application No. 353 of 2020) [2023] UGCA 60 (9 February 2023)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 353 of 2020

Judge

Monica K. Mugenyi, JA, Madrama, JA, Mulyagonja, JA

The Court of Appeal held that the applicant failed to meet the stringent requirements for admission of additional evidence on appeal under Rule 30(1)(b) of the Court of Appeal Rules. The majority of the letters sought to be adduced were either already within the applicant's knowledge or could have been obtained with reasonable diligence prior to the trial. The evidence was not new, nor was it shown to be of such importance or relevance as to influence the outcome of the appeal. Furthermore, the application was filed more than two years after the trial court's judgment, constituting inordinate…

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• Admission Of Additional Evidence
• Appellate Procedure
• Contract Termination
• Detinue
• Compensatory Damages

Zzimwe Enterprises ,Hardwares and Constructions Limited v Attorney General

Zzimwe Enterprises ,Hardwares and Constructions Limited v Attorney General (Civil Application 353 of 2020) [2021] UGCA 215 (9 February 2021)

Court

Court of Appeal of Uganda

Case number

Civil Application 353 of 2020

Judge

Madrama Izama, JA, Mulyagonja, JA, Monica K. Mugenyi, JA

The Court of Appeal dismissed an application to adduce additional evidence on appeal, finding the documents were not new, not sufficiently relevant, and filed too late.

• Admission Of Additional Evidence
• Appellate Procedure
• Contract Termination
• Detinue
• Compensatory Damages
• Admission-of-additional-evidence

Nakaziba v Attorney General

Nakaziba v Attorney General (MISCELLANEOUS CAUSE NO. 295 OF 2018) [2020] UGHCCD 31 (7 February 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 295 OF 2018

Judge

Bashaija, J

The High Court of Uganda held that Tabisa Edisa Nakaziba’s arrest, detention, and treatment by police violated her rights to liberty and freedom from torture.

• Freedom From Torture
• Personal Liberty Violation
• Compensatory Damages
• Punitive Damages
• Unlawful Detention
• Redress For Rights Violation

Kitgum District Local Government & Anor v Ayella

Kitgum District Local Government & Anor v Ayella (CIVIL APPEAL No. 0008 OF 2015) [2018] UGHCCD 118 (6 December 2018)

Court

HC: Civil Division (Uganda)

Case number

CIVIL APPEAL No. 0008 OF 2015

Judge

Stephen Mubiru, J

The High Court set aside the judgment against Lamwo District Local Government, finding it was not shown to have made the salary deductions. It also set aside general damages.

• Unlawful Salary Deductions
• Damages Assessment
• Employment Transfer Liability
• Audit Queries
• Compensatory Damages
• Unlawful-salary-deductions

Motovu & 5 Ors v Kyambogo University

Motovu & 5 Ors v Kyambogo University (CIVIL SUIT No. 0083 OF 2016) [2017] UGHCCD 71 (20 April 2017)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT No. 0083 OF 2016

Judge

Musota, J

The High Court held that Kyambogo University unlawfully withheld former students’ academic documents and awarded general damages and costs to three plaintiffs.

• Unlawful Withholding Of Documents
• General Damages
• Compensatory Damages
• Academic Rights
• Unlawful-withholding-of-documents
• General-damages

The Commissioner Customs Uganda Revenue Authority v Kirenga Fred

The Commissioner Customs Uganda Revenue Authority v Kirenga Fred (Civil Appeal No. 51 of 2014) [2015] UGCA 2035 (3 September 2015)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 51 of 2014

Judge

Mwangusya, JA, Mwondha, JA, Buteera, JA

The Court of Appeal held that the ethanol was lawfully sold as perishable goods, set aside damages and interest, and ordered tax assessment based on market value.

• Compensatory Damages
• General Damages
• Exemplary Damages
• Tax Assessment
• Perishable Goods
• Court Orders

Uganda Revenue Authority v David Kitamirike

Uganda Revenue Authority v David Kitamirike (Civil Appeal 43 of 2010) [2012] UGCA 59 (20 March 2012)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 43 of 2010

Judge

Mpagi-Bahigeine, DCJ, Byamugisha, JA, Kasule, JA

The Court of Appeal found that the respondent's employment was governed by a contract terminable on notice, and he had been paid two months' salary in lieu of notice. The trial judge erred in awarding compensatory damages based on a multiplier of 36 months and in granting punitive damages, which are not available for breach of contract absent a tort. The proper measure of damages was limited to aggravated damages due to the appellant's fraudulent manipulation of the respondent's performance appraisal, which resulted in wrongful dismissal and significant personal and professional harm. The res…

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• Wrongful Dismissal
• Compensatory Damages
• Aggravated Damages
• Judicial Review
• Employment Contracts
• Interest On Awards