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Uganda decisions
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Baitwa & 2 Others v Standard Chartered Bank (U) Limited (Miscellaneous Cause 70 of 2024) [2024] UGCommC 210 (23 July 2024)
The High Court set aside mortgage sale advertisements for lack of fresh statutory notices under the Mortgage Act, and awarded costs to the applicants.
Waibale and Others v The Attorney General (Miscellaneous Application 428 of 2017) [2024] UGHCCD 62 (2 May 2024)
The court found that the consent order entered into by the parties on 13th March 2014 and endorsed by the court was valid and binding, as there was no evidence of fraud, misrepresentation, collusion, or illegality. The Applicants, having benefited from the consent order, are estopped from reverting to the original decree and can only claim the outstanding balance under the consent. The agreements with lawyers and commission agents for payment from the decretal sum were found to be champertous and thus unenforceable. The Respondent is ordered to pay the outstanding decretal sum within one year…
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Naguyo v Birungi (Miscellaneous Application No. 1404 of 2021) [2022] UGHCLD 144 (5 August 2022)
The court sustained the respondent's preliminary objections, holding that allegations of fraud and property valuation are contentious matters requiring a full trial under ordinary suit procedures, not affidavit evidence in an application. The applicant did not reply to the preliminary objections, implying concession. The application was found incompetent as it could affect third party interests (such as Nakigoye Dorothy, who allegedly purchased the suit property) without affording them a right to be heard, violating constitutional principles of fair hearing. Consequently, the application to s…
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Esteri Ndizeye v Roland Ndizeye (Miscellaneous Application No. 53 of 2018) [2021] UGHCFD 216 (21 April 2021)
The High Court refused to vary a joint custody consent order, finding no basis to set it aside and confirming that the children's welfare favored continued joint custody.
Esteri Akandwanaho Ndizeye vs Roland Ndizeye Sekaziga (Miscellaneous Application No. 53 of 2018) [2021] UGHCFD 218 (21 April 2021)
The High Court of Uganda dismissed an application to review a divorce consent judgment and award sole custody, instead upholding joint custody and clarifying visitation times.
Good man Agencies Limited v Attorney General (Miscellaneous Application No. 131 of 2021) [2021] UGCommC 130 (4 January 2021)
The High Court endorsed a consent variation order reducing interest on the decretal amount from 6% to 3% per annum and ordered each party to bear its own costs.
Sabiiti v Kampala Capital City Authority (Miscellaneous Application No. 316 of 2017) [2018] UGCommC 56 (3 May 2018)
The High Court declined to vary a consent judgment, holding that the applicant failed to show grounds such as fraud or collusion to reopen the settlement.
Kasenke v Katambala & Anor (MISC. APPLICATION N0. 47 OF 2014) [2017] UGHCCD 204 (17 August 2017)
The court found that the applicant, as the holder of Letters of Administration for the estate of the late Kasenke Sedulaki, had a legitimate interest in Plot 16A, which was affected by the consent judgment entered between the respondents. There was no evidence that Anthony Kasenke had authority to act for the estate or that the estate received any money as alleged. The inclusion of the estate in the consent judgment without proper representation or authority rendered the relevant paragraphs of the judgment susceptible to review under Section 82 of the Civil Procedure Act and the principles in…
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