Uganda Case Law

F.L Kaderbhai & Anor. Vs.Shamsherali Zaver Virji

F.L Kaderbhai & Anor. Vs.Shamsherali Zaver Virji [2010] UGSC 20 (9 December 2010)

Court

Supreme Court of Uganda

The Supreme Court held that the reference to the Settled Land Act 1925 in the powers of attorney was to the UK Act, given the donors' residence in England and the context of the documents. The powers of attorney conferred powers of sale on the agent, Shabeer Kapacee, as per the wide powers granted to a tenant for life under the UK Settled Land Act. The absence of an express choice of law clause did not create a conflict of laws requiring the application of Ugandan law, as the powers granted were those the principals could themselves exercise in Uganda. The Court found that the trial judge's e…

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• Powers Of Attorney
• Conflict Of Laws
• Tenancy In Common
• Sale Of Land
• Lex Situs
• Interpretation Of Documents

Mtikila v A.G. of United Republic of Tanzania and Another

Mtikila v A.G. of United Republic of Tanzania and Another (Reference 3 of 2007) [2007] EACJ 5 (22 June 2007)

Court

East African Court of Justice

Case number

Reference 3 of 2007

Judges

Augustino. S. L. Ramadhani Kasanga Mulwa, Mary Stella Arach |

The East African Court of Justice dismissed Christopher Mtikila’s review application, holding that it lacked jurisdiction and that the review grounds were not made out.

• Treaty Interpretation
• Jurisdiction Of Regional Courts
• Election Of Legislative Members
• Conflict Of Laws
• Jurisdiction
• Judicial-review

Singh v Singh

Singh v Singh (Civil Suit No. 82 of 1954) [1955] EACA 10 (1 January 1955)

Court

East African Court of Appeal

Case number

Civil Suit No. 82 of 1954

Judge

Windham J

The court held it had jurisdiction over a claim for refund of purchase money for Indian land sold in Kenya, and that the plaint disclosed a cause of action.

• Jurisdiction Over Foreign Immovables
• Contract For Sale Of Land
• Cause Of Action Requirements
• Conflict Of Laws
• Jurisdiction-over-foreign-immovables
• Conflict-of-laws

Singh and Another v Singh and Another

Singh and Another v Singh and Another (Civil Suit No. 82 of 1954 (Eldoret)) [1955] EACA 50 (1 January 1955)

Court

East African Court of Appeal

Case number

Civil Suit No. 82 of 1954 (Eldoret)

Judge

Windham J

The court held it had jurisdiction over a monetary claim arising from a Kenya-made contract for land in India, and that the plaint disclosed a cause of action.

• Jurisdiction Of Courts
• Conflict Of Laws
• Contracts For Foreign Land
• Return Of Purchase Money
• Jurisdiction
• Conflict-of-laws

Singh v Singh

Singh v Singh (Civil Appeal No. 10 of 1945) [1946] EACA 5 (1 January 1946)

Court

East African Court of Appeal

Case number

Civil Appeal No. 10 of 1945

Judge

Graham Paul CJ, Sheridan CJ, Whitley CJ

The Court held that the contract between the parties, both Hindus residing in Kenya, was governed by Hindu law as the proper law of the contract, based on the intention of the parties and the nature of the agreement. The Court found that under Hindu law, an action for damages for breach of such a marriage contract is maintainable. The appellant's reliance on English law was rejected, as the local circumstances and the parties' customs necessitated the application of Hindu law. The Court further determined that the 'gotra' condition was not a genuine or essential term of the contract and was r…

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• Conflict Of Laws
• Breach Of Contract
• Damages Assessment
• Proper Law Of Contract

Salim v Shatry

Salim v Shatry (Civil Appeal No. 29 of 1938) [1940] EACA 32 (1 January 1940)

Court

East African Court of Appeal

Case number

Civil Appeal No. 29 of 1938

Judge

Lucie-Smith, J. (Kenya)

The court held that the Resident Magistrate's Court had jurisdiction to entertain the suit for possession of land, as the value of the land was within the pecuniary limits prescribed by law. The nature of the action (real or personal) did not preclude jurisdiction. On the substantive issue, the court found that the Indian Transfer of Property Act, 1882, section 108(h), was the applicable law, as it was an applied Act fitting the circumstances. Mohamedan Law did not apply where an applied Indian Act was available. Under section 108(h), the lessee (respondent) could remove the hut he built duri…

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• Jurisdiction Of Subordinate Courts
• Applicability Of Transfer Of Property Act
• Fixtures And Tenant Rights
• Conflict Of Laws
• Mesne Profits
• Compensation For Disturbance

Rex v Gordhanbhai

Rex v Gordhanbhai (Criminal Revision Case No. 122 of 1941) [1940] EACA 69 (1 January 1940)

Court

East African Court of Appeal

Case number

Criminal Revision Case No. 122 of 1941

Judge

Hayden J, Lucie-Smith, J. (Kenya)

The court held that the Game Ordinance displaced the Penal Code’s general sentencing discretion and required imprisonment for unlawful possession of rhinoceros horns.

• Implied Repeal
• Conflict Of Laws
• Sentencing Guidelines
• Special Vs General Statutes
• Implied-repeal
• Criminal-sentencing

Official Assignee of Venidas Nemchand's Insolvency v Dinshaw and Brothers (Civ. App. No. 14/1937)

Official Assignee of Venidas Nemchand's Insolvency v Dinshaw and Brothers (Civ. App. No. 14/1937) [1938] EACA 29 (1 January 1938)

Court

East African Court of Appeal

Case number

Civ. App. No. 14/1937

Judge

Francis, J (Uganda), Law, C.J (Zanzibar), Sheridan, J. (C.J. Kenya)

The Court of Appeal held that the contract in question was governed by the law of French Somaliland, as it was made and to be performed there. The French Appellate Tribunal had already adjudicated that, under the law of French Somaliland, the respondents' claim could not be enforced against the insolvent's estate in bankruptcy. Applying the principle from Gibbs and Sons v. Societe Industrielle et Commerciale des Metaux, the court determined that the discharge of liability granted by the French court must be recognized in Ethiopia, and the respondents' claim must be rejected in the Ethiopian i…

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• Bankruptcy Proof Of Debt
• Conflict Of Laws
• Lex Loci Contractus
• Foreign Judgments
• Contract Law

Heyer v Gill (C.A. 30/1933.)

Heyer v Gill (C.A. 30/1933.) [1937] EACA 54 (1 January 1937)

Court

East African Court of Appeal

Case number

C.A. 30/1933.

Judge

Horne J, Lucie-Smith Ag CJ (Kenya), Sheridan CJ

The Court of Appeal held that there was insufficient evidence that Charles Alfred Heyer abandoned his domicil of origin and acquired a South African domicil.

• Domicile Of Origin
• Domicile Of Choice
• Burden Of Proof
• Community Of Property
• Conflict Of Laws
• Marriage And Property Rights

Shahi v Krishna Stores (C.A. 26/1934.)

Shahi v Krishna Stores (C.A. 26/1934.) [1935] EACA 19 (1 January 1935)

Court

East African Court of Appeal

Case number

C.A. 26/1934.

Judge

Abrahamas, C.J. (Tanganyika), Law, C.J (Zanzibar), Webb, J

The Court of Appeal for Eastern Africa held that a Subordinate Court appeal had to be filed within 30 days, and section 12 of the Indian Limitation Act did not extend time.

• Limitation Periods
• Appeals From Subordinate Courts
• Computation Of Time
• Conflict Of Laws
• Civil-procedure
• Limitation-periods