Uganda Case Law

Waiswa v Earth Rich Co. Limited

Waiswa v Earth Rich Co. Limited (Civil Revision 1 of 2022) [2024] UGCommC 183 (23 May 2024)

Court

Commercial Court of Uganda

Case number

Civil Revision 1 of 2022

Judge

Tumusiime Rubagumya, J

The application for revision was dismissed on two main grounds. First, the application was filed three years after the judgment and two years after execution commenced, constituting an unreasonable and inordinate delay. The applicant provided no justification for this delay, and granting revisionary orders at such a late stage would cause serious hardship to the respondent, contrary to Section 83(e) of the Civil Procedure Act and established case law. Second, on the merits, the applicant failed to prove that the Chief Magistrate's Court of Kajjansi lacked territorial jurisdiction. The agreeme…

Source excerpt

• Territorial Jurisdiction
• Revisionary Powers
• Summary Suit
• Delay And Laches
• Execution Of Judgment

Mutegeki v Catholic Relief Service Program

Mutegeki v Catholic Relief Service Program (Miscellaneous Application 122 of 2022) [2024] UGHC 100 (22 March 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 122 of 2022

Judge

Wagona, J

The court found that the applicant became aware of the consent order as early as March 2012, as evidenced by his own letter to the court disputing the consent and requesting its nullification. Despite this, the applicant took no further steps to challenge the consent for over 11 years and failed to provide any satisfactory explanation for the delay. The court held that the Civil Procedure Act and Rules do not prescribe a specific limitation period for challenging a consent judgment, but promptness is a critical factor. The authorities cited establish that unreasonable or unexplained delay is…

Source excerpt

• Setting Aside Consent Orders
• Delay And Laches
• Withdrawal Of Suit
• Employment Disputes

Kigemuzi and 5 Other v Mande and 4 Others

Kigemuzi and 5 Other v Mande and 4 Others (Miscellaneous Application 855 of 2022) [2023] UGHCLD 352 (11 October 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 855 of 2022

Judge

Nkonge, J

The High Court dismissed an application to set aside an ex parte judgment in a land appeal, finding no sufficient cause, proper service through counsel, and inordinate delay.

• Ex Parte Judgment
• Service Of Process
• Setting Aside Judgment
• Delay And Laches
• Representation By Advocate
• Setting-aside-judgment

Muyanja v Kitumba

Muyanja v Kitumba (Miscellaneous Application 794 of 2021) [2022] UGHCFD 30 (14 June 2022)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 794 of 2021

Judge

Komuhangi, J

The High Court dismissed an application for stay of execution pending appeal, finding no substantial loss, unreasonable delay, and no evidence of ongoing execution.

• Stay Of Execution
• Administration Of Estates
• Delay And Laches
• Distribution Of Estate
• Security For Due Performance
• Stay-of-execution

Kyakimwa Sauda & Another V Eco Power Holdings Limited (EDT COMPLAINT 5 of 2019)

Kyakimwa Sauda & Another V Eco Power Holdings Limited (EDT COMPLAINT 5 of 2019) [2022] UGEDT 1 (23 May 2022)

Court

Electricity Disputes Tribunal

Case number

EDT COMPLAINT 5 of 2019

Judges

Charles Okoth Owor - Chairperson Electricity Disputes Tribunal, Anaclet Turyakira, - Vice Chair Person Electricty Disputes Tribunal, Paul Mubiru - Member Electricity Disputes Tribunal

The Tribunal dismissed a land compensation complaint, finding the valuation process proper, the delay excessive, and a re-evaluation impractical after later development.

• Compensation For Land Acquisition
• Valuation Disputes
• Illiteracy And Document Execution
• Undue Influence
• Procedural Fairness
• Delay And Laches

Registered Trustees of Kampala Archdiocese v Nbitete Nnume Mixed Cooperatives Farm Limited (HC Miscellaneous Application No. 1466 of 2020)

Registered Trustees of Kampala Archdiocese v Nbitete Nnume Mixed Cooperatives Farm Limited (HC Miscellaneous Application No. 1466 of 2020) [2021] UGHCLD 89 (28 July 2021)

Court

HC: Land Division (Uganda)

Case number

HC Miscellaneous Application No. 1466 of 2020

Judge

Keitirima, J

The court found that the respondent's affidavit in reply, sworn by its treasurer, was competent and properly authorized under the Cooperative Societies Act and Order 29 Rule 1 of the Civil Procedure Rules, as a treasurer is a principal officer of a cooperative society. On the substantive issue, the court held that the applicant failed to demonstrate sufficient or good reasons for the inordinate delay in seeking enlargement of time to file a Notice of Appeal and appeal. The applicant's repeated reliance on the negligence of its former lawyers was not justified, especially given the lengthy del…

Source excerpt

• Extension Of Time
• Notice Of Appeal
• Appeal Procedure
• Delay And Laches
• Affidavit Requirements

Attorney General v Oriental Construction Co. Limited

Attorney General v Oriental Construction Co. Limited (Civil Application 7 of 1990) [1991] UGSC 30 (18 April 1991)

Court

Supreme Court of Uganda

Case number

Civil Application 7 of 1990

Judge

Platt, JSC

The Supreme Court refused to extend time for the Attorney General to file a notice of appeal, finding an inordinate, unexplained delay and no public-interest basis.

• Extension Of Time
• Appeals Process
• Delay And Laches
• Public Interest Exception
• Extension-of-time
• Notice-of-appeal