Muwonge v Serrunjogi and Another (Civil Suit 254 of 2021) [2024] UGHCLD 280 (14 November 2024)
Court
HC: Land Division (Uganda)
Case number
Civil Suit 254 of 2021
Judge
Nkonge, J
The High Court found a land sale agreement void for lack of a translation certificate and absence of consent, rejected specific performance, and ordered a refund.
Tibahitana & 2 Others v Babriregye (Civil Appeal 60 of 2021) [2024] UGHC 278 (30 April 2024)
Court
High Court of Uganda
Case number
Civil Appeal 60 of 2021
Judge
Joyce Kavuma, J
The High Court dismissed a land appeal, upheld a finding of trespass, and confirmed damages and costs, though it noted one non-party could not be declared a trespasser.
Lubega v Nampinga (Civil Application 235 of 2023) [2024] UGCA 25 (1 February 2024)
Court
Court of Appeal of Uganda
Case number
Civil Application 235 of 2023
Judge
Cheborion, JA
The application for stay of execution was rendered incompetent due to the applicant's supporting affidavits being incurably defective for non-compliance with the mandatory requirements of the Illiterates' Protection Act. The affidavits lacked a certificate of translation, which is not a mere technicality but a statutory requirement. The applicant's attempt to cure the defect by filing a rejoinder affidavit did not comply with the Act, as the certificate must be on the same document. Without admissible affidavits, the application fails to meet the requirements of Rules 43 and 44 of the Judicat…
Sulaiman and Others v Bukenya (Civil Appeal 25 of 2023) [2023] UGHCCD 281 (20 September 2023)
Court
HC: Civil Division (Uganda)
Case number
Civil Appeal 25 of 2023
Judge
Adonyo, J
The High Court found that the trial magistrate erred in law by allowing the respondent to cross-examine the appellant on the affidavit in support of the summary suit before granting leave to appear and defend, as the respondent had no locus in the main suit at that stage. The trial court's procedure of striking out the affidavit and dismissing the suit was irregular and unknown to the law, as the hearing was limited to the application for leave to appear and defend. The trial magistrate should have restricted the proceedings to the application and, if necessary, granted leave before addressin…
Bujingo and Others v Abubakari and 2 Others (Civil Miscellaneous Application 234 of 2023) [2023] UGCA 175 (19 June 2023)
Court
Court of Appeal of Uganda
Case number
Civil Miscellaneous Application 234 of 2023
Judges
Kihika, JA
The application for an interim stay of execution was dismissed on the basis that the supporting affidavit sworn by the first applicant, Bujingo Ayub, was incurably defective for failing to comply with the mandatory requirements of the Illiterates Protection Act. The court found that the applicant was illiterate in English and the affidavit lacked a certificate of translation as required by statute. Attempts to cure the defect by filing a rejoinder or seeking to amend the affidavit were rejected as non-compliant with the Act and procedural fairness. Without a valid affidavit, the application w…
Kizito v Kampala Financial Services & 3 Others (Civil Suit 792 of 2019) [2023] UGCommC 232 (15 February 2023)
Court
Commercial Court of Uganda
Case number
Civil Suit 792 of 2019
Judge
Anna B. Mugenyi, J
The High Court found the plaintiff borrowed the money and signed the mortgage, but held the sale of his land unlawful. The third defendant was a bona fide purchaser.
Abala v Acayo and Another (Election Petition No. 4 of 2021) [2021] UGHCEP 39 (14 September 2021)
Court
Election Petitions of Uganda
Case number
Election Petition No. 4 of 2021
Judge
Okuo-Kajuga, J
The High Court struck out 25 supporting affidavits in an election petition, finding them incurably defective for non-compliance with oath and literacy requirements.
Mubiru Eliphaz v Tumwehe and Anor (Election Petition No. 3 of 2021) [2021] UGHC 58 (26 August 2021)
Court
High Court of Uganda
Case number
Election Petition No. 3 of 2021
The court held that the affidavit in support of the petition contained inadmissible hearsay as it failed to disclose the source of information, violating Order 19 Rule 3 of the Civil Procedure Rules, and thus the offending paragraphs were expunged. The petition failed to plead particulars of alleged connivance and fraud as required by Order 6 Rule 3, and reliance on the Parliamentary Elections Act and Rules was misplaced since those provisions do not apply to Local Council election petitions. Consequently, the impugned paragraphs were severed from the petition. Furthermore, the affidavits dep…
Kiwanuka v Semakadde and 3 Others (Civil Miscellaneous Application No. 179 of 2020) [2021] UGHCLD 92 (6 May 2021)
Court
HC: Land Division (Uganda)
Case number
Civil Miscellaneous Application No. 179 of 2020
Judge
Nkonge, J
The High Court struck out an application for stay of execution and leave to appeal after finding the supporting affidavit fatally defective and no appeal or notice of appeal had been filed.