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Uganda decisions
Decisions matching the current search
Kokop v Kapere & 2 Others (Civil Appeal 31 of 2024) [2024] UGHC 1075 (25 November 2024)
High Court appeal over stay of execution partially succeeded, with the stay maintained but subject to security for costs of UGX 20 million.
Elogu and Another v Ocen (Miscellaneous Application No. 78 of 2022) [2023] UGHCCD 30 (19 January 2023)
The court held that the defect in the commissioning of the applicants' affidavit, caused by the advocate's lack of a valid practicing certificate, does not render the application incurably defective. The commission as Commissioner for Oaths is not automatically terminated by the expiry of the practicing certificate, and Section 14A of the Advocates Act, 2002 protects innocent litigants from the consequences of their advocate's professional misconduct. The applicants are therefore granted time to file fresh affidavits properly commissioned by an advocate with a valid practicing certificate. Th…
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International Rescue Committee v Munira (Labour Dispute Miscellaneous Application No. 170 of 2020) [2021] UGIC 81 (23 March 2021)
The Industrial Court dismissed an application to extend time for appeal against a labour officer’s award, holding the supporting affidavit was defective and delay was unexplained.
Isingoma v Law Development Centre (MISCELLANEOUS APPLICATION NO. 234 OF 2019) [2020] UGHCCD 38 (28 February 2020)
The High Court dismissed a judicial review application as incompetent because the motion lacked proper court authentication, the affidavit was uncommissioned, and the applicant signed as counsel without being an advocate.
Road Master Cycles (U) Ltd v Tarlock Singh Sagh (High Court Miscellaneous Application No. 1609 of 1999) [2000] UGCommC 2 (1 March 2000)
The court held that the dismissal of the respondent's original suit under Order 15 rule 4 of the Civil Procedure Rules operated as a judgment on the merits, rendering the matter res judicata. Consequently, the respondent was barred from instituting a fresh suit on the same subject matter. The proper course of action for the respondent would have been to seek leave to appeal to the Court of Appeal to set aside the decree, rather than filing a new suit. Furthermore, the affidavit supporting the applicant's application was fatally defective for failing to indicate the date of commissioning, cont…
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Bakunda v Dr. Kinyatta and Another (Election Petition 18 of 1996) [1996] UGHC 64 (16 September 1996)
The court held that the affidavit accompanying the petition was commissioned by a person without a valid practising certificate, rendering it invalid and of no legal effect. Since the affidavit is an integral part of an election petition, its invalidity means there is no valid petition before the court. Consequently, there is nothing to amend, and the application to amend must fail. Allowing the amendment would be tantamount to permitting the petitioner to file a new petition outside the statutory time limit, which would defeat the intention of the legislature. The application was therefore d…
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Allen Isingoma V Alex Muhairwe & 2 Ors (Criminal Case No. 39 of 1992) [1992] UGHC 2 (18 March 1992)
The High Court upheld a preliminary objection, holding that the supporting affidavit to an originating summons was incurably defective and left the summons incompetent.
