Uganda Case Law

KK Fresh Produce Exporters Limited & 2 Others v Turkish Airlines Inc

KK Fresh Produce Exporters Limited & 2 Others v Turkish Airlines Inc (Miscellaneous Application 2291 of 2023) [2024] UGCommC 48 (15 January 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2291 of 2023

Judge

Ocaya, J

The High Court refused to stay proceedings in a freight-services dispute, finding that a pending appeal existed but that delaying the main suit would prejudice the respondent.

• Stay Of Proceedings
• Interlocutory Appeal
• Judicial Discretion
• Fair Trial Rights
• Stay-of-proceedings
• Interlocutory-appeal

Secretary General of East African Community v Zziwa (Application 12 of 2015)

Secretary General of East African Community v Zziwa (Application 12 of 2015) [2016] EACJ 26 (29 January 2016) (First Instance Division)

Court

East African Court of Justice

Case number

Application 12 of 2015

Judge

Mugenyi JA

The Court held that the application for stay of proceedings was incurably defective because, at the time of its filing, there was no valid, pending appeal before the Appellate Division; only a notice of appeal had been lodged, which under the EACJ Rules merely indicates an intention to appeal and does not constitute an appeal. The supporting affidavit was found to contain falsehoods by attesting to the existence of an appeal when none existed. The Court emphasized that procedural rules regarding the institution of appeals and applications for stay must be strictly adhered to, and that substan…

Source excerpt

• Stay Of Proceedings
• Interlocutory Appeal
• Procedural Defects
• Affidavit Evidence
• Judicial Discretion

Departed Asians Property Custodian Board v Jaffer Brothers Limited

Departed Asians Property Custodian Board v Jaffer Brothers Limited (Civil Application 13 of 1999) [1999] UGSC 30 (8 December 1999)

Court

Supreme Court of Uganda

Case number

Civil Application 13 of 1999

Judge

Mulenga, JSC

The Supreme Court of Uganda reduced a taxed instruction fee, holding that the taxing officer relied on irrelevant factors and misread the appeal’s subject matter.

• Taxation Of Costs
• Instruction Fee Assessment
• Joinder Of Parties
• Interlocutory Appeal
• Taxation-of-costs
• Instruction-fee-assessment