Kaboggoza v Bangi (Civil Appeal 19 of 2023) [2025] UGHC 206 (20 April 2025)
Court
High Court of Uganda
Case number
Civil Appeal 19 of 2023
Judge
Tweyanze, J
The High Court dismissed an appeal over cohabitation property, finding it had jurisdiction and that the respondent solely owned the Ssembabule property.
Lubega v Attorney General & 2 Ors (Misc. Applics. No. 31 & 32 of 2011) [2015] UGCA 32 (29 April 2015)
Court
Court of Appeal of Uganda
Case number
Misc. Applics. No. 31 & 32 of 2011
The court found that the applicant had acted in contempt by violating the interim order to maintain the status quo on the suit land, which was in favor of the third respondent at the time the order was issued. The applicant's subsequent eviction of the third respondent was illegal and in disregard of the court's authority. The principle that 'he who seeks equity must have clean hands' precluded the applicant from obtaining discretionary relief. The applicant failed to demonstrate a prima facie case or irreparable injury, and the balance of convenience did not favor him. The court held that it…
Nakibuuka v Sematimba & Ors (Miscellaneous Application No. 52 of 2014) [2014] UGHCFD 36 (30 June 2014)
Court
HC: Family Division (Uganda)
Case number
Miscellaneous Application No. 52 of 2014
Judge
Tuhaise, J
The court found that while the applicant raised serious triable issues regarding alleged fraud and intermeddling with the estate of the late Paulo Sebalu, the main suit did not concern the administration of the estate or the validity of a will, making the appointment of administrators pendente lite inappropriate. The court further held that the applicant, through her actions in executing the interim order, participated in an illegality by effecting an eviction not authorized by the order, thereby failing to come to court with clean hands. As equitable remedies are discretionary, the applicant…
Asiimwe v Ssemwanga (Civil Suit No. 128 of 2010) [2012] UGHC 143 (18 July 2012)
Court
High Court of Uganda
Case number
Civil Suit No. 128 of 2010
Judge
Aweri-Opio, J
The High Court found the defendant breached a land sale agreement, granted specific performance, ordered a special title, and awarded general damages, interest, and costs.
Hon. Anifa Bangirana Kawooya v Attorney General and National Council for Higher Education (Miscellaneous Application No. 46 of 2010) [2010] UGCA 59 (5 November 2010)
Court
Court of Appeal of Uganda
Case number
Miscellaneous Application No. 46 of 2010
Judge
Arach-Amoko JA
The Court of Appeal dismissed an application for interim injunction after finding the applicant had not come with clean hands because she had disobeyed a prior court order.
Hussein Hamdani v Uganda Electricity Board (Civil Suit No. 584 of 2003) [2005] UGCommC 13 (21 April 2005)
Court
Commercial Court of Uganda
Case number
Civil Suit No. 584 of 2003
The court held that the arrangement between the plaintiff and defendant regarding the bonds constituted a contract, and the general law of contract, including the Limitation Act, applied. The plaintiff's cause of action arose in 1981 when the bonds matured, and the statutory limitation period for bringing a suit was six years. The plaintiff failed to file within this period, only doing so in 2003, rendering the suit time-barred. The Local Loans Act was found irrelevant to the redemption of these bonds. The court further held that equitable remedies cannot be invoked to circumvent statutory li…
Kuwe v Damji Vadher (Civil Appeal No. 42 of 2000) [2001] UGCA 47 (21 September 2001)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 42 of 2000
Judge
Mpagi-Bahigeine, JA, Engwau, JA, Kitumba, JA
The Court of Appeal held that the trial judge properly exercised her discretion in granting relief against forfeiture to the respondent. Although the respondent breached certain covenants of the lease, the court found that the period of non-payment and subletting coincided with the respondent's expulsion and the property's vesting in the Departed Asian Property Custodian Board, circumstances not contemplated by the parties. The court affirmed that section 27 of the Judicature Statute allows relief against forfeiture for non-payment of rent, and that equity may be invoked under sections 16(2)…
Erukana Kuwe v Vashrambhai Damji Vadher (Civil Appeal 42 of 2000) [2001] UGCA 34 (21 September 2001)
Court
Court of Appeal of Uganda
Case number
Civil Appeal 42 of 2000
Judge
Mpagi-Bahigeine, DCJ, Engwau, JA, Kitumba, JA
The Court of Appeal held that the trial Judge properly exercised her discretion in granting relief against forfeiture to the respondent. Although breaches of the lease were established, the respondent's inability to perform arose from supervening expropriation and repossession circumstances beyond his control. Section 27 of the Judicature Statute provides for relief against forfeiture for non-payment of rent, and where statutory law is silent, the High Court may resort to equity under Sections 16(2) and 35 of the Judicature Statute. The appellant's actions, including refusal to accept rent an…
T.S. Muwanga v East African Steel Corporation Ltd (H.C.C.S. NO. 10/93) [1993] UGHCCD 7 (20 April 1993)
Court
HC: Civil Division (Uganda)
Case number
H.C.C.S. NO. 10/93
Judge
Kato, J
The High Court refused a temporary injunction because the applicant failed to show the house was part of the main suit or that eviction would cause irreparable harm.