Musiisi v Kanakulya (Civil Appeal No. 171 of 2015) [2022] UGCA 10 (25 January 2022)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 171 of 2015
Judge
Monica K. Mugenyi, JA, Madrama, JA, Mulyagonja, JA
The Court of Appeal dismissed a second appeal over bibanja land, holding that the appellant had not proved an out-of-time appeal or shown any basis to disturb the first appellate court.
Busonya & 2 Ors v Giruli [2018] UGSC 50 (28 September 2018)
Court
Supreme Court of Uganda
The Supreme Court upheld a retrial order, holding that unsealed annexures were a curable procedural irregularity and that the Court of Appeal properly re-evaluated the evidence.
Kalinabiri v Kalule (Civil Appeal No. 19 of 2010) [2011] UGHC 87 (5 July 2011)
Court
High Court of Uganda
Case number
Civil Appeal No. 19 of 2010
Judge
Aweri, J
The appeal was dismissed because the affidavit in support of the application was defective to the extent that the deponent lacked authority to swear on behalf of another defendant, but was acceptable as far as it referred to the deponent himself. Allegations of fraud were not specifically pleaded or proved as required by law, rendering them speculative and not actionable. The application for stay of proceedings was properly refused since the High Court suit had been dismissed and there was no pending matter to justify a stay. The trial magistrate had jurisdiction, and objections raised after…
Yovani Tibakwanika v Hajati Yudaya Nalongo Namagembe (Civil Suit No. 597 of 2006) [2007] UGCommC 59 (7 June 2007)
Court
Commercial Court of Uganda
Case number
Civil Suit No. 597 of 2006
The court found that the plaintiff's suit was time-barred under both the 12-year limitation for actions on judgments and the 6-year limitation for actions founded on contract, as the agreement and judgment both dated from 1992 and the suit was filed in 2006. The court rejected the plaintiff's reliance on Section 25 of the Limitation Act, holding that the alleged fraudulent conduct—namely, the defendant's disappearance—occurred in 1992 and was discoverable at that time, not in 2006. The court further held that the plaintiff failed to specifically plead fraud as required by the Civil Procedure…
Essaji v Karachiwalla Limited (C.A. 8/1936.) [1936] EACA 63 (1 January 1936)
Court
East African Court of Appeal
Case number
C.A. 8/1936.
Judge
Law, C.J (Zanzibar), Sheridan CJ, Webb, J
The Court of Appeal allowed the appeal, holding that the appellant could trade under his own name, which he had long been known by, and that passing-off was not proved.