Uganda Case Law

Baitamwere v Mukwano Industries Uganda Limited

Baitamwere v Mukwano Industries Uganda Limited (Miscellaneous Application 1 of 2023) [2023] UGIC 118 (24 April 2023)

Court

Industrial Court of Uganda

Case number

Miscellaneous Application 1 of 2023

Judges

Wabwire Musana, J, Musimbi, Panel Member, Kagoye, Lapenga

The court found that the matter did not automatically abate under Order 17 Rule 5 CPR as no mandatory scheduling conference had been held. The applicant's explanation for her absence was not credible, but the consistent attendance and the negligence of counsel warranted an exception. The court exercised its inherent powers under Section 98 CPA and Section 33 Judicature Act to reinstate the suit, emphasizing that denying a hearing should be a last resort and justice should be administered without undue regard to technicalities. However, due to the applicant's lack of diligence and the prolonge…

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• Reinstatement Of Suit
• Want Of Prosecution
• Mistake Of Counsel
• Conditional Orders
• Costs Award

Bisangwa Kasimba and Another v Diamond Trust Bank Uganda Limited

Bisangwa Kasimba and Another v Diamond Trust Bank Uganda Limited (Civil Appeal No. 347 of 2019) [2021] UGCA 92 (23 September 2021)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 347 of 2019

Judge

Cheborion, JA, Madrama, JA, Musota, JA

The Court of Appeal held that the trial Judge properly exercised judicial discretion in granting a conditional temporary injunction, requiring the appellants to deposit Ug. Shs. 550,000,000/= as a condition precedent. The Court found that the appellants had acknowledged their indebtedness and proposed a repayment plan, and that the trial Judge considered all relevant materials, including the risk of dilatory tactics if an unconditional injunction were granted. The issues raised by the appellants regarding statutory notices and property valuation were deemed relevant to the main suit, not the…

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• Temporary Injunctions
• Mortgage Enforcement
• Performance Bonds
• Judicial Discretion
• Valuation Of Mortgaged Property
• Conditional Orders

Kyambadde v Amdhan Khan

Kyambadde v Amdhan Khan (Miscellaneous Application No. 719 of 2015) [2016] UGCommC 54 (17 June 2016)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 719 of 2015

The High Court set aside a default judgment for US$300,000 after finding service of summons was not properly effected and granted conditional leave to defend.

• Setting Aside Default Judgment
• Leave To Defend
• Service Of Summons
• Summary Suit Procedure
• Bills Of Exchange
• Conditional Orders