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Uganda Case Law

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Civil Procedure [2024] UGHCLD 5

Byarugaba and Another v Amin

Byarugaba and Another v Amin (Miscellaneous Application 2183 of 2023) [2024] UGHCLD 5 (10 January 2024)

Court
HC: Land Division (Uganda)
Case number
Miscellaneous Application 2183 of 2023
Judge
Basaza, J

The court found that the plaint disclosed a cause of action as all three elements—existence of the plaintiff's right, its violation, and the defendant's liability—were pleaded. The Plaintiff demonstrated locus standi by showing prima facie ownership and interest in the suit property. The plaint was neither frivolous nor vexatious, and the requisite filing fees were paid. The objection regarding failure to file a reply to the written statement of defence was deferred to trial. Consequently, all preliminary objections raised by the Applicants were overruled, and the application was dismissed wi…

Source excerpt

  • Cause Of Action
  • Locus Standi
  • Frivolous And Vexatious Pleadings
  • Filing Fees
  • Adverse Possession
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Election Petitions [2016] UGHCEP 78

Wanyama v Hisa and Anor (2)

Wanyama v Hisa and Anor (2) (Election Petition No. 19 of 2016) [2016] UGHCEP 78 (19 October 2016)

Court
Election Petitions of Uganda
Case number
Election Petition No. 19 of 2016
Judge
Luswata, J

The court found that only UGX 100,000 was paid as filing fees in accordance with the prescribed government procedure, while the additional UGX 150,000 paid directly to the court cashier was not recognized as a valid payment of court fees. The Parliamentary Elections (Interim Provisions) Rules, as incorporated by Section 172 of the Local Government Act, require a mandatory filing fee of UGX 150,000 for election petitions. Failure to pay the full prescribed fee ousts the jurisdiction of the court to entertain the petition. The payment made directly to the court cashier was not in compliance wit…

Source excerpt

  • Filing Fees
  • Jurisdiction
  • Local Government Elections
  • Security For Costs
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Civil Procedure [1998] UGCA 42

Banco Arabe Espanal v Bank Of Uganda

Banco Arabe Espanal v Bank Of Uganda (Civil Application 42 of 98) [1998] UGCA 42 (14 September 1998)

Court
Court of Appeal of Uganda
Case number
Civil Application 42 of 98
Judge
Mpagi-Bahigeine, JA, Berko, JA, Kitumba, JA

The Court found that the notice of appeal was filed within the prescribed fourteen days and that, when Rule 103(1) is read together with Rule 75(2) of the Court of Appeal Rules, payment of fees within the fourteen-day period is sufficient for proper filing. The Court agreed that the order was not properly extracted but held that, under Rule 86(1)(g) of the Court of Appeal Rules and recent case law, extraction of a formal decree or order is no longer a legal requirement for instituting an appeal. The Court emphasized that appeals are against judgments or reasoned orders, not the extracted decr…

Source excerpt

  • Notice Of Appeal
  • Record Of Appeal
  • Extraction Of Orders
  • Filing Fees
  • Technicalities In Appeal
  • Reinstatement Of Suit
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.