Uganda Case Law

Allan Makula and Others v I-Engineering Uganda Limited

Allan Makula and Others v I-Engineering Uganda Limited (Miscellaneous Application No. 0191 of 2024) [2025] UGHCCD 57 (13 May 2025)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 0191 of 2024

Judge

Simon Peter M. Kinobe, J

The High Court of Uganda dismissed an application to stay execution of a consent decree, finding the request premature and procedurally wrong because no appeal, review, or set-aside application was pending.

• Stay Of Execution
• Bankruptcy Proceedings
• Consent Decree
• Inherent Powers Of Court
• Stay-of-execution
• Bankruptcy-proceedings

Owor Agree and Another v Centenary Bank and Another (25 of 2023)

Owor Agree and Another v Centenary Bank and Another (25 of 2023) [2025] UGHC 185 (7 February 2025)

Court

High Court of Uganda

Case number

25 of 2023

Judge

Kawesa, J

The court held that the mandatory nature of Order 11 Rule 1(2) of the Civil Procedure (Amendment) Rules, 2019 requires parties to take out summons for directions within the prescribed period, failing which the suit abates automatically. The Plaintiffs failed to comply, and thus Civil Suit No.25 of 2023 abated. Regarding the counterclaim, the court found that a Defendant cannot counterclaim against a co-Defendant and other persons not party to the suit, as per Order 8 Rules 2 and 8 of the Civil Procedure Rules and persuasive case law. The 1st Defendant's counterclaim was therefore incompetent.…

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• Abatement Of Suit
• Summons For Directions
• Counterclaim Incompetence
• Cause Of Action
• Inherent Powers Of Court

Ojok & Another v Anyinge & 2 Others

Ojok & Another v Anyinge & 2 Others (Miscellaneous Application 68 of 2024) [2025] UGHC 11 (16 January 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 68 of 2024

Judge

Okello, J

The application to set aside the dismissal of Land Appeal No. 003 of 2013 and reinstate it for hearing on merit was denied because the applicant failed to demonstrate sufficient diligence in prosecuting the appeal. The court found that the appeal was dismissed for want of prosecution, not for non-appearance, and that the applicant and his counsel were dilatory throughout the process, including significant delays in following up the matter and lodging the present application. The court held that the invocation of its inherent powers under section 98 of the Civil Procedure Act is not automatic…

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• Dismissal For Want Of Prosecution
• Reinstatement Of Appeal
• Inherent Powers Of Court
• Diligence In Prosecution
• Land Dispute Appeals

Bosco Okiror v R.L. Jain T/A Jain Ltd

Bosco Okiror v R.L. Jain T/A Jain Ltd (Miscellaneous Application 448 of 2022) [2025] UGCommC 120 (16 January 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 448 of 2022

Judge

Ocaya, J

The High Court dismissed a miscellaneous application for want of prosecution after more than two years of inactivity and non-compliance with a direction to upload documents.

• Dismissal For Want Of Prosecution
• Abuse Of Process
• Inherent Powers Of Court
• Dismissal-for-want-of-prosecution
• Abuse-of-process
• Inherent-powers-of-court

Democratic Governance Facility v Sebei Diocese Community Development & 4 Others

Democratic Governance Facility v Sebei Diocese Community Development & 4 Others (Miscellaneous Application 973 of 2023) [2024] UGCommC 50 (4 January 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 973 of 2023

Judge

Ocaya, J

The court held that the application for substitution was properly before it, as the Democratic Governance Facility was still in existence at the time of filing. The cessation of operations does not bar substitution, as the law allows for a successor entity to continue the proceedings. The court's inherent powers under Section 98 of the Civil Procedure Act and the broad discretion under Order 1 Rule 13 of the Civil Procedure Rules permit substitution to ensure the ends of justice. The objections raised by the respondents, including prior striking off of the Kingdom of Denmark, mootness, and se…

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• Party Substitution
• Cessation Of Legal Entity
• Inherent Powers Of Court

Nabunya v Wasswa and 2 Others

Nabunya v Wasswa and 2 Others (Miscellaneous Application 2885 of 2023) [2023] UGHCLD 362 (10 November 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2885 of 2023

Judge

Naluzze Aisha Batala, J

The High Court declined to strike out a civil appeal for alleged non-service of the memorandum, holding that the applicant had appeared in the appeal and that justice favored hearing the matter.

• Service Of Process
• Appeals From Magistrates Court
• Memorandum Of Appeal
• Inherent Powers Of Court
• Service-of-process
• Appeals-from-magistrates-court

Nabunya v Wasswa and 2 Others

Nabunya v Wasswa and 2 Others (Miscellaneous Application 2885 of 2023) [2023] UGHCLD 401 (10 November 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2885 of 2023

Judge

Naluzze Aisha Batala, J

The High Court declined to strike out an appeal for non-service of the memorandum, holding that hearing notice had been served and the applicant had appeared in court twice.

• Service Of Process
• Appeals From Magistrate Court
• Memorandum Of Appeal
• Inherent Powers Of Court
• Civil-procedure
• Service-of-process

Atoo Grace v Onen Rubangakene Wilson

Atoo Grace v Onen Rubangakene Wilson (Miscellaneous Application 44 of 2021) [2023] UGHC 210 (13 October 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 44 of 2021

The Court found that the Applicant failed to demonstrate sufficient cause for reinstatement of Civil Suit No. 005/2010. The grounds advanced did not address or explain the delay or circumstances that would justify the exercise of judicial discretion. The suit was dismissed under a defunct provision (Order 17 Rule 6), but the applicable rule at the time was Order 17 Rule 5 as amended, which provides for automatic abatement after six months of inactivity following a mandatory scheduling conference. The Applicant did not provide any factual or legal basis to exonerate herself from allegations of…

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• Reinstatement Of Dismissed Suit
• Want Of Prosecution
• Inherent Powers Of Court
• Limitation Of Actions
• Substitution Of Parties

Kibaalya William v Kampala Capital City Authority

Kibaalya William v Kampala Capital City Authority (Miscellaneous Application 333 of 2023) [2023] UGHCLD 439 (27 September 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 333 of 2023

Judge

Nassuna Matovu, J

The High Court declined to reinstate a suit dismissed for want of prosecution, finding no sufficient cause, no proof of attempts to contact counsel, and no special circumstances.

• Dismissal For Want Of Prosecution
• Reinstatement Of Suit
• Duty Of Diligence
• Inherent Powers Of Court
• Dismissal-for-want-of-prosecution
• Reinstatement-of-suit

Zubeda Kiziri v Walugembe

Zubeda Kiziri v Walugembe (Miscellaneous Cause 46 of 2022) [2023] UGHCLD 139 (31 May 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Cause 46 of 2022

Judge

Bernard Namanya, J

The application is incompetent because the applicant seeks leave to file a fresh appeal and extension of time to file a memorandum of appeal, rather than reinstatement of the previously dismissed appeal. The rules provide for readmission only in cases of dismissal for default in appearance, not for want of prosecution. While the court may invoke its inherent powers to reinstate an appeal dismissed for want of prosecution in compelling circumstances, the applicant did not seek reinstatement or establish such circumstances. Therefore, the application is struck out and costs are awarded to the r…

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• Appeal Dismissal
• Reinstatement Of Appeal
• Extension Of Time
• Inherent Powers Of Court