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Uganda decisions
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Khauka and 4 Others v Mbabazi and 8 Others (Miscellaneous Application 11 of 2022) [2023] UGHC 96 (27 October 2023)
The High Court of Uganda at Masindi set aside a consent judgment after finding the representative order in the underlying land suit was irregularly obtained.
Suryakant Manibhai Patel v Gume Fred Ngobi & Yeko Charles (Civil Suit 98 of 2017) [2022] UGHC 115 (16 November 2022)
The court held that the reinstatement of the abated suit was illegal because Order 17 Rule 5 of the Civil Procedure (Amendment) Rules, 2019, which governs abatement for want of prosecution, provides only for the institution of a fresh suit after abatement, not for reinstatement. The Deputy Registrar, having already ordered abatement, was functus officio and lacked jurisdiction to reinstate the suit. The court found that the Plaintiff's application for reinstatement by letter was procedurally improper and contrary to the rules requiring formal motion. The principle that illegality cannot be co…
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Bakunda v Kinyatta & Anor (Civil Appeal No. 27 of 1996) [1996] UGCA 1 (20 November 1996)
The Court of Appeal held that an advocate commissioned as a commissioner for oaths ceases to have authority to administer oaths upon expiration of his practising certificate, as the commission is contingent on the advocate's status as a practising advocate. Any affidavit sworn before a commissioner for oaths who lacks a valid practising certificate is invalid and of no legal effect. The court relied on statutory provisions and case law, including Kabogere Coffee Factory v Haii Twahibu Kigongo, which established that documents filed after the grace period are invalid, and Makula International…
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