The Industrial Court held it lacked original jurisdiction over a workers’ compensation claim and ordered that claim severed, leaving the unfair termination claim to proceed.
Ssentamu v Jibu Corporate Uganda Limited (Civil Suit No. 51 of 2021) [2022] UGHCCD 72 (12 April 2022)
Court
HC: Civil Division (Uganda)
Case number
Civil Suit No. 51 of 2021
Judge
Boniface Wamala, J
The High Court held that the defendant had submitted to jurisdiction by filing a defence without a formal jurisdiction application, and overruled the preliminary objection.
Atim v Okeny Bitek (Miscellaneous Application No. 144 of 2018) [2020] UGHC 153 (23 July 2020)
Court
High Court of Uganda
Case number
Miscellaneous Application No. 144 of 2018
Judge
Stephen Mubiru, J
The High Court of Uganda allowed an application to join 401 applicants as plaintiffs in a land dispute, holding that common issues and relief justified joinder.
Ssenyimba & Ors v Birikade & Another (Miscellaneous Application No. 378 of 2018) [2019] UGHCFD 40 (20 December 2019)
Court
HC: Family Division (Uganda)
Case number
Miscellaneous Application No. 378 of 2018
Judge
Kitariisibwa-Katunguka, J
The court found that the affidavit sworn by the 1st applicant, as a co-administrator, was sufficient since the facts deposed related to the estate and not to the administrators in their individual capacities. There was no evidence that the other administrators had withdrawn their consent, and section 272 of the Succession Act allows any administrator to act for the estate. The court held that the proposed amendment did not introduce a new cause of action, as the estate of Anna Maria Nambeja was already referenced in the original pleadings, and the amendment sought to clarify and resolve all m…
Centenary Rural Development Bank Limited v Richard Ivan Mungati T/a Survesis (Civil Suit No. 116 of 2018) [2021] UGHC 46 (15 July 2021)
Court
High Court of Uganda
Case number
Civil Suit No. 116 of 2018
Judge
Musa Ssekaana, J
The court found that there was no misjoinder of causes of action, as the claims arose from a retainer agreement and involved a series of similar transactions with common questions of law and fact. Joinder was therefore proper under the Civil Procedure Rules. However, the court held that the claim relating to negligence over Plot 871 Block 250 Bunga, Kampala District was substantially the same as the subject matter in Civil Suit No. 129 of 2013, which was pending before the Land Division. This amounted to a violation of the lis pendens rule, rendering that part of the suit untenable. The claim…