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Uganda decisions
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DFCU Bank Uganda Limited v Muwanga & Another (Originating Summons 7 of 2024) [2025] UGCommC 70 (20 January 2025)
The High Court dismissed an originating summons in a mortgage enforcement dispute, finding the matter too complex for that procedure and requiring a full trial.
Prof. Kakande and Another v Magambo and Another (Civil Miscellaneous Application 199 of 2023) [2024] UGHC 505 (18 March 2024)
The High Court dismissed an application to strike out a defence for late payment of court fees and late service, finding no contempt and no prejudice.
Godfrey Katunda v Betty Atuhaire Bwesharire,Naboth Atamba(2) (HCT-05-CV-MA-0203-2004 ) (HCT-05-CV-MA-0203-2004) [2005] UGHC 104 (27 April 2005)
The High Court rejected preliminary objections in a property-related civil application, allowing the matter to proceed and directing any fee balance to be paid.
Kajumbula v Returning officer Jinja and Anor (Miscellaneous Application No. 20 of 1994) [1994] UGHCEP 1 (31 October 1994)
The court found that the Ag. Chief Magistrate did not act with material irregularity or injustice in dismissing the petitioner's election petition. The inquiries made by the Magistrate were merely to confirm facts already presented by the parties, specifically regarding the timing of court fee payments. The last installment of court fees was paid after the statutory period for filing the petition had expired, rendering the petition invalid. The High Court's revisional jurisdiction under section 84 of the Civil Procedure Act is limited to correcting material irregularity or injustice, which wa…
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Sirima v Hassan (Civil Appeal No. 2 of 1955) [1955] EACA 294 (1 January 1955)
The Court of Appeal held that an appeal was filed in time where the appellant lodged papers and fees with the District Registrar within time, despite registry practice and later forwarding to Nairobi.
Bashigare v Akankwasa and 8 Others (Civil Appeal 47 of 2010) [2015] UGHCLD 1 (5 October 2015)
The court found that there is no legal requirement for each defendant to file a separate defence in a suit involving multiple defendants joined on the same facts and law. The rules permit a joint defence, and Order 1 Rule 12 is inapplicable where all defendants have participated. The late filing of the defence by one day was not fatal, as the plaintiff did not move for ex parte proceedings and the court has discretion to allow late filings to ensure matters are heard on their merits. Regarding court fees, the trial magistrate correctly exercised discretion under Rule 6 of The Judicature (Cour…
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