Uganda Case Law

Begumana v Sebuliba

Begumana v Sebuliba (Miscellaneous Application 529 of 2022) [2023] UGHCFD 94 (15 June 2023)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 529 of 2022

Judge

Katunguka Kitariisibwa, J

The application to dismiss HCCS No.264 of 2019 on grounds of limitation fails because the defence of limitation was not pleaded in the written statement of defence, as required by the Civil Procedure Rules. However, the court finds that the suit is res judicata, as the subject matter and parties have previously been litigated and conclusively determined in HCCS No.37 of 2011 and other related proceedings. The doctrine of res judicata, as codified in Section 7 of the Civil Procedure Act and affirmed by case law, precludes the court from entertaining the same dispute again. The interests of the…

Source excerpt

• Limitation Periods
• Res Judicata
• Estate Administration
• Land Recovery
• Multiplicity Of Suits
• Illegality In Proceedings

Kampala International Hospital v Karanzi (Labour Dispute Appeal No. 15 of 2019)

Kampala International Hospital v Karanzi (Labour Dispute Appeal No. 15 of 2019) [2021] UGIC 21 (28 May 2021)

Court

Industrial Court of Uganda

Case number

Labour Dispute Appeal No. 15 of 2019

Judge

Ruhinda-Ntengye, J, Tumusiime-Mugisha, J, Ebyau, Panel Member, Mubuuke, Panel Member, Mugambwa, Panel Member

The Industrial Court found that the Labour Officer's dual role as both mediator and adjudicator in the same dispute constituted an illegality, as established in Sure Telecom Vs Brian Azemchap. This procedural irregularity rendered the adjudication proceedings and all resulting orders void. The court emphasized that once such an illegality is brought to its attention, it must override all other considerations, including the merits of the case or the pleadings of the parties. Consequently, the court set aside the Labour Officer's decision and ordered a retrial before a different Labour Officer,…

Source excerpt

• Unfair Termination
• Jurisdiction Of Labour Officer
• Mediation And Adjudication
• Illegality In Proceedings

Binuge Vs Karubanga & 4 Ors

Binuge Vs Karubanga & 4 Ors (Civil Application No. 299 of 2014) [2016] UGCA 61 (9 February 2016)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 299 of 2014

The Court of Appeal extended time for an unrepresented applicant to file and serve a fresh notice of appeal, holding that ignorance of procedure can be sufficient cause.

• Extension Of Time
• Consent Orders
• Appeal Procedure
• Review Of Magistrates Decision
• Illegality In Proceedings
• Extension-of-time