Ditai & 3 Others v Sanyu Africa Research Institute (SAFRI) & 6 Others (Miscellaneous Application 422 of 2023) [2024] UGHC 992 (22 October 2024)
Court
High Court of Uganda
Case number
Miscellaneous Application 422 of 2023
Judge
Lubega, J
The High Court refused review of a prior injunction ruling, holding the applicants were not aggrieved persons and that no new evidence justifying review was shown.
Kagoro Epimac v Samalien Properties Limited & 4 Others (Miscellaneous Application 117 of 2023) [2024] UGHCLD 85 (28 March 2024)
Court
HC: Land Division (Uganda)
Case number
Miscellaneous Application 117 of 2023
Judge
Asiimwe, J
The High Court lifted the corporate veil over respondent companies after finding that assets were transferred after judgment to defeat execution of a UGX 1.17 billion decree.
Ntinda Industrial Estate Development Association Limited v Kampala General Furnishing Limited (Miscellaneous Application 424 of 2021) [2023] UGHCLD 141 (31 May 2023)
Court
HC: Land Division (Uganda)
Case number
Miscellaneous Application 424 of 2021
Judge
Basaza, J
The High Court struck out a plaint brought by a shareholder against a company because the claim should have been brought by petition under the Companies Act.
Mpondwa Cross Boarders Traders Cooperatives Society Limited v Isango Subcounty Local Government (Miscellaneous Application No. 106 of 2022) [2022] UGHCCD 266 (16 November 2022)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application No. 106 of 2022
Judge
Mugabo, J
The court found that while the respondent's naming was a misnomer, it did not render the entity fictitious or incapable of suing, as the sub-county council exists and is recognised under the Local Governments Act. However, the respondent failed to prove exclusive possession of the suit land, which is registered in the names of Kasese District Local Government, and thus did not disclose a reasonable cause of action for trespass. The hurried creation of the Isango cattle market was irregular and intended to frustrate the district's revenue collection and the applicant's contract. The commenceme…
Uganda Muslim Welfare Association v Saudi Marble Co Ltd (Civil Suit No. 63 of 2006) [2022] UGHC 10 (22 March 2022)
Court
High Court of Uganda
Case number
Civil Suit No. 63 of 2006
Judge
Rwakakooko, J
The High Court dismissed a trespass claim over forest land, holding that the plaintiff lacked legal capacity and had no proven right or lawful possession.
Paramal Patel and 2 Others v Uganda Medium Industries Limited (Civil Appeal 268 of 2018) [2021] UGCA 220 (28 October 2021)
Court
Court of Appeal of Uganda
Case number
Civil Appeal 268 of 2018
Judge
Barishaki-Cheborion, JA, Musota, JA, Madrama Izama, JA
The Court of Appeal found that Uganda Medium Industries Ltd was the lawful tenant of the premises, not Edirisa Karenget Musiwa personally. The evidence, including rent receipts and correspondence, established the respondent's tenancy. The company, as a registered legal entity, could own property and enter into tenancy agreements. The actions of the appellants—locking the premises and taking property in distress for rent—were unlawful and in contravention of the Distress for Rent (Bailiffs) Act, as the 2nd appellant lacked the required certificate. The damages suffered by the respondent were c…
Rutayisire Alphonse and Anor V Uganda Revenue Authourity (The Commissioner Customs) (Miscellaneous Cause No. 236 of 2020) [2021] UGHCCD 15 (19 March 2021)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause No. 236 of 2020
Judge
Musa Ssekaana, J
The court found that the Respondent's decision to prosecute the Applicants, who were not present in Uganda at the time of the alleged offences and were not directly involved in the acts complained of, was irrational, procedurally improper, and an abuse of due process. The Respondent failed to provide evidence justifying the charges against the Applicants, ignored the principle of corporate personality, and did not follow statutory procedures for prosecuting companies. The court held that criminal liability should not be imputed to directors or managers absent direct involvement or evidence of…
KCB Bank (U) Limited v Kabajulizi (Labour Dispute Appeal No. 16 of 2019) [2021] UGIC 4 (22 January 2021)
Court
Industrial Court of Uganda
Case number
Labour Dispute Appeal No. 16 of 2019
Judge
Ruhinda-Ntengye, J, Tumusiime-Mugisha, J
The Industrial Court held that the appellant’s name was only misdescribed in the decree, so the appeal was not invalid and the preliminary objection failed.
Mutebi v Nam Chhau Trading Co Ltd (Miscellaneous Civil Application No. 4 of 2020) [2020] UGCommC 34 (16 October 2020)
Court
Commercial Court of Uganda
Case number
Miscellaneous Civil Application No. 4 of 2020
Judge
Boniface Wamala, J
The court found that the respondent's deponent had locus standi as there was no timely or substantive challenge to his directorship, and that the absence of attached proof was not fatal in the circumstances. The court held that the plaint disclosed a cause of action against the applicant, as the pleadings and evidence, including a personal written commitment by the applicant, supported the respondent's claim. The court determined that the suit was not frivolous or vexatious; the failure to attach a certificate of incorporation or the misdescription of parties did not render the suit defective…
