Uganda Case Law

Egeu and Another v Otukei and 2 Others

Egeu and Another v Otukei and 2 Others (Civil Appeal 41 of 2018) [2024] UGHC 523 (2 May 2024)

Court

High Court of Uganda

Case number

Civil Appeal 41 of 2018

Judge

Adonyo, J

The High Court found that the trial magistrate properly exercised discretion under the Civil Procedure Rules to frame and amend issues necessary for determining the real controversy between the parties. The issues ultimately determined by the trial court were consistent with the pleadings and evidence. The appellants' ground alleging failure to judiciously evaluate evidence was too general and did not specify any particular error, thus failing to meet the requirements for a valid ground of appeal. On the issue of trespass, the evidence established that the respondents' father lawfully acquire…

Source excerpt

• Customary Land Ownership
• Trespass To Land
• Framing Of Issues
• Burden Of Proof

Mundua v Central Nile Transporters Association

Mundua v Central Nile Transporters Association (MISCELLANEOUS CIVIL REVISION No. 0003 OF 2017) [2017] UGHCCD 177 (21 December 2017)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CIVIL REVISION No. 0003 OF 2017

Judge

Stephen Mubiru, J

High Court review of a magistrate’s decision to add issues and seek further input after hearing closed, addressing the proper limits of amicus curiae and issue-framing.

• Framing Of Issues
• Amicus Curiae
• Reopening Of Case
• Judicial Discretion
• Amicus-curiae
• Framing-issues

Crane Insurance Company v Shelter Uganda Limited

Crane Insurance Company v Shelter Uganda Limited (Civil Appeal 14 of 98) [1998] UGCA 34 (20 November 1998)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 14 of 98

Judge

kato ,JA, Berko, JA, Kitumba, JA

The Court of Appeal upheld judgment for Shelter (U) Limited, holding that the plaintiff could proceed against Crane Insurance alone and that the evidence and procedure were proper.

• Guarantee Bonds
• Joint And Several Liability
• Burden Of Proof
• Admissibility Of Evidence
• Natural Justice
• Framing Of Issues

Oriental Insurance Brokers Ltd v Transocean (U) Ltd

Oriental Insurance Brokers Ltd v Transocean (U) Ltd (Civil Appeal 55 of 1995) [1997] UGSC 11 (1 October 1997)

Court

Supreme Court of Uganda

Case number

Civil Appeal 55 of 1995

Judge

Oder, JSC, Tsekooko, JSC, Karokora, JSC

The Supreme Court held that while the trial judge has the authority to frame, amend, or add issues as necessary for determining the matters in controversy, such powers must be exercised in consultation with the parties and not arbitrarily. The judge erred by introducing new issues during judgment without reference to the parties or their advocates, thereby prejudicing the appellant. The proper procedure would have been to postpone writing the judgment, inform counsel of the intention to amend the issues, and allow them to call evidence or make submissions on the new issues. The failure to do…

Source excerpt

• Framing Of Issues
• Judicial Discretion
• Consultation With Parties
• Prejudice Due To Procedure

Nakibuka v Attorney General Of Uganda

Nakibuka v Attorney General Of Uganda (Civil Appeal 11 of 1993) [1995] UGSC 36 (19 January 1995)

Court

Supreme Court of Uganda

Case number

Civil Appeal 11 of 1993

Judge

Oder, JSC, Manyindo, DCJ, Odoki, JSC

The Supreme Court of Uganda dismissed an appeal in a dependency and negligence claim, holding that the appellant failed to prove marriage, death in the alleged accident, and dependency.

• Framing Of Issues
• Negligence In Road Accidents
• Dependency Claims
• Burden Of Proof
• Quantum Of Damages
• Framing-of-issues

Oriental Dairy v De Souza

Oriental Dairy v De Souza (Civil Appeal No. 22 of 1946) [1948] EACA 53 (1 January 1948)

Court

East African Court of Appeal

Case number

Civil Appeal No. 22 of 1946

Judge

Bourke J

The court held that an unframed issue raised by the pleadings still had to be tried, set aside the decree, and remitted the case for determination of arrears due.

• Pleadings
• Framing Of Issues
• Arrears Of Rent
• Standard Rent
• Court Duty On Issues
• Civil-procedure