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Uganda decisions
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Nilecom Limited v Kodjo Enterprises Limited & 2 Others (Miscellaneous Application 28 of 2023) [2024] UGHC 775 (28 August 2024)
The High Court at Arua pierced the corporate veil of Kodjo Enterprises Limited, finding the company was used to frustrate a decree and allowing execution against its directors/shareholders.
Tropical Bank Limited v Lukwago (Civil Application 22 of 2024) [2024] UGCA 60 (19 March 2024)
The Court found that the applicant's delay in filing the notice of appeal was justified due to the newness and technical limitations of the ECCMIS system, and the failure of the advocate to receive notification should not prejudice the applicant. The applicant demonstrated a prima facie case for appeal based on the contention that service of the hearing notice was not effected as required by law, specifically on the designated Legal Services Department. The respondent's prior success in obtaining a warrant of attachment and the possibility of further execution proceedings posed a real risk of…
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Amoko v Wasige & 6 Others (Miscellaneous Application 463 of 2023) [2023] UGCommC 216 (3 May 2023)
The High Court reviewed and set aside an order for sale of land in execution, finding the property was unsellable and that new evidence justified review.
Sekyaaya v Kayanja and 2 Others (HCT-01-LD-MA 1552 of 2021) [2022] UGHCLD 264 (6 October 2022)
The High Court dismissed an application to release deposited compensation funds to a claimant who was not a party to the land suit determining ownership.
Chongquing International Construction Corporation v Zeintaka Corporation (Japan ) and Another (Miscellaneous Civil Application No. 1122 of 2020) [2021] UGCommC 129 (15 February 2021)
The High Court upheld an application for security for appearance despite an arbitration clause, ordering a bank guarantee and backup attachment of sums due from UNRA.
Uganda Telecom Ltd v Mweteise Benard (Civil Reference No. 25 of 2020) [2020] UGCA 59 (10 March 2020)
The Court of Appeal struck out a reference over a garnishee order nisi, holding a single justice lacked jurisdiction after the main appeal had ended.
Kazooya v Attorney General Anor (Misc. Cause No. 0197 of 2015) [2016] UGHCCD 22 (30 March 2016)
The High Court dismissed an application for mandamus to compel payment of a decretal sum, finding the claim was premature and not yet unequivocally refused.
Comesa Technologies (U) Ltd v Mushabe (Civil Appeal No. 1906 of 2013) [2014] UGHCEBD 2 (24 March 2014)
The High Court held that a registrar could not vary a consent order absent default, set aside the review order, and found the bailiff breached payment directions.
Singh and Another v African Diesel Mart Limited (Civil Appeal No. 89 of 1955) [1956] EACA 25 (1 January 1956)
The court held that the consent order filed with the Rent Control Board created enforceable rights for the respondent tenant, which survived the expiry of the Rent Restriction Ordinance. The expiration of the Ordinance did not extinguish accrued civil rights or deprive the magistrate of jurisdiction to enforce the order. The consent order was sufficiently certain as to the premises, term, and rent, and capable of execution as a lease agreement. The landlord, having benefited from the consent order, could not resile from its terms or challenge its enforceability. The magistrate, as an executin…
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Hirani v Kassam (Civil Appeal No. 11 of 1952) [1952] EACA 131 (1 January 1952)
Where a suit is settled by a compromise recorded under Order 24, rule 6, the resulting consent judgment constitutes a new contract between the parties, which supersedes the original cause of action. The court cannot interfere with the terms of such a compromise except on grounds that would justify varying or rescinding a contract, such as fraud, collusion, or material misapprehension. The mode of payment agreed upon in the consent judgment is an integral part of the contract and cannot be severed or altered by the court absent such grounds. No default in payment was established, as payments m…
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