Good African Foundation Ltd & Another v Agricultural Business Initiative Trust (Miscellaneous Application 1592 of 2021) [2024] UGCommC 30 (19 January 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 1592 of 2021
Judge
Stephen Mubiru, J
The High Court lacks jurisdiction to enlarge time for filing an appeal against its own decisions where the period for appeal is fixed by statute and the power to extend time is expressly vested in the Court of Appeal. The applicants' reliance on Order 51 rule 6 of the Civil Procedure Rules was misplaced, as that provision applies only to time fixed by the Rules or court order, not by statute. There was no procedural gap or lacuna requiring invocation of inherent jurisdiction. Even if the court had jurisdiction, the applicants failed to demonstrate sufficient cause or merit for the intended ap…
Nakibuuka v Centenary Rural Development Bank Limited & Another (Miscellaneous Application 718 of 2023) [2023] UGCommC 259 (10 October 2023)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 718 of 2023
Judge
Anna B. Mugenyi, J
The court found that the suit was dismissed not for want of prosecution under Order 17 rule 5 of the Civil Procedure Rules, but for non-compliance with court directions while the matter was still at the stage of pleadings. The pending application for substituted service and incomplete pleadings meant the scheduling conference could not properly proceed. The failure to bring this procedural status to the attention of the trial judge resulted in a miscarriage of justice. The court held that these special circumstances justified invoking its inherent jurisdiction under Section 98 of the Civil Pr…
Nsubuga Edward Senvewo and 9 others v Ngambwa Ruta (Miscellaneous Application No. 702 of 2022) [2022] UGHCLD 181 (16 September 2022)
Court
HC: Land Division (Uganda)
Case number
Miscellaneous Application No. 702 of 2022
Judge
Namanya, Ag. J
The High Court reinstated a consolidated land suit after dismissing it for want of prosecution, finding special circumstances and allowing inherent-jurisdiction relief.
Odong v TampEngineering Consultants Limited and 2 Others (Miscellaneous Application 129 of 2023) [2020] UGCommC 166 (20 February 2020)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 129 of 2023
Judge
Stephen Mubiru, J
The High Court ordered return of the applicant’s title deed after the underlying decree was set aside, finding no lawful basis to retain it as security.
Nakanja Vs Wamala & 2 Ors (MISCELLANEOUS APPLICATION NO. 001 OF 2) [2019] UGHCCD 211 (8 October 2019)
Court
HC: Civil Division (Uganda)
Case number
MISCELLANEOUS APPLICATION NO. 001 OF 2
Judge
Mutonyi, J
The court found that although the applicant's counsel was not ready to proceed and sought an adjournment, the applicant herself had consistently shown willingness to prosecute her case. The dismissal was effected under section 98 of the Civil Procedure Act due to prolonged delay and failure to prosecute, which amounted to abuse of court process. However, the court held that the inherent powers under section 98 and section 33 of the Judicature Act allow it to set aside its own order before it is perfected, especially where justice demands. The court was persuaded by the principle that negligen…
Musimenta V Commissioner for Land Registration (Misc. Cause No. 062 of 2019) [2019] UGHCLD 40 (26 August 2019)
Court
HC: Land Division (Uganda)
Case number
Misc. Cause No. 062 of 2019
Judge
Kawesa, J
The High Court granted a vesting order over mailo land after finding the applicant had paid the price, taken possession, and met the requirements of section 167.
Mulira Peter v Mitchell Cotts Ltd. (Civil Application No. 094 of 2009) [2018] UGCA 13 (2 May 2018)
Court
Court of Appeal of Uganda
Case number
Civil Application No. 094 of 2009
Judge
Egonda-Ntende, JA
The Court of Appeal dismissed an application to set aside part of its earlier judgment, holding there was no proof of nullity and no basis to review its own decision.