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Uganda decisions
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Dr. Chebrot and Another v Central Purchasing Company Limited (Civil Appeal 77 of 2003) [2007] UGCA 74 (19 June 2007)
The Court of Appeal held that a continuing guarantee was enforceable despite the limitation argument, upheld liability for the reduced balance, and dismissed the appeal.
Shortt v Searle (Civil Suit No. 107 of 1952) [1953] EACA 25 (1 January 1953)
By signing the transfer of ownership and authorizing the registration of the car in the hirer's name, the plaintiff held out to third parties that the hirer was the true owner. This representation enabled the hirer to sell the car to Rehman Bros., who in turn sold it to the defendant. The defendant, having relied on the registration and licence documents and having acted in good faith, acquired the car without knowledge of the hire-purchase arrangement. The court held that the plaintiff is estopped from asserting his title against the defendant, as his actions facilitated the hirer's apparent…
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Roadway Motors Limited v Ahluwalia (Civil Appeal No. 4 of 1940) [1940] EACA 3 (1 January 1940)
The Court of Appeal set aside a costs order on an amendment application, holding that only costs thrown away by the amendment should be paid.
Singh v Ghai and Sons (C.A. 13/1936.) [1936] EACA 55 (1 January 1936)
The Court of Appeal held that the learned Chief Justice did not draw a wrong inference from the facts. The respondents had an independent title to the truck, having purchased it from a third party, and the hire-purchase agreement was genuine and not a disguised loan. The evidence did not support the appellant's contention that the transaction was a sham or that the agreement was a bill of sale requiring registration. The Court distinguished the present facts from those in Maas v. Pepper and Johnson v. Rees, where the property originally belonged to the transferee and the transaction was found…
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Motor Mart and Exchange Ltd v Singh (C,C. 315/1930.) [1930] EACA 88 (1 January 1930)
The court held that destruction of the hired car ended the hire-purchase agreement, leaving the owner entitled to damages for loss of property.
Cooper Motors corporation (U) ltd Vs Genesis Transporters & 2 Ors (Civil Appeal No. 41 of 2009) [2018] UGCA 115 (19 November 2018)
The Court of Appeal found that the trial judge erred in revisiting and adjudicating issues of jurisdiction and locus standi that had already been conclusively determined by another judge, without any appeal or review pending. The trial judge further erred by raising and deciding a preliminary objection on locus standi on his own motion, thereby denying the appellant a fair hearing and failing to evaluate all the evidence, including witness statements and admissions by the respondents. The Court held that the appellant, by virtue of the addenda and the conduct of the parties, had capacity to s…
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