Uganda Case Law

Muganga v Matovu

Muganga v Matovu (Civil Revision 12 of 2023) [2024] UGHCCD 170 (21 October 2024)

Court

HC: Civil Division (Uganda)

Case number

Civil Revision 12 of 2023

Judge

Nambayo, J

The court found that both the application before the High Court and the one before the Chief Magistrate's Court involved the same parties and sought the same remedy of setting aside the default judgment and decree in Civil Suit No. 24 of 2021. Both courts had jurisdiction to entertain the respective applications, and the matters in issue were directly and substantially the same. The subsequent filing of the revision application in the High Court while the application before the Magistrate's Court was pending violated the lis pendens rule under Section 6 of the Civil Procedure Act. This amount…

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• Default Judgment
• Revision Of Magistrates Decision
• Lis Pendens Rule
• Abuse Of Court Process

Mutasingwa & Another v Kamanzi

Mutasingwa & Another v Kamanzi (Miscellaneous Application 50 of 2023) [2024] UGHC 458 (14 June 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 50 of 2023

Judge

Allan Nshimye, J

The court found that both HCCS 653 of 2017 and HCCS 126 of 2022 involve the same parties and substantially the same subject matter, namely rights and ownership arising from a contract for the sale of land dated 25th May 2017. The reliefs sought in both suits overlap, particularly regarding ownership of plot 23B7 and the adjoining plot 23A4. The existence of parallel proceedings in two divisions of the High Court over the same subject matter offends the Lis pendens rule as codified in section 6 of the Civil Procedure Act. The court applied the three-way test from Springs International Hotel Lt…

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• Lis Pendens Rule
• Abuse Of Court Process
• Specific Performance
• Ownership Of Land
• Contract For Sale Of Land

Rentco Africa Limited v Tondeka Metro Company Limited

Rentco Africa Limited v Tondeka Metro Company Limited (Miscellaneous Application 588 of 2024) [2024] UGCommC 98 (22 April 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 588 of 2024

Judge

Harriet Grace Magala, J

The High Court found Rentco Africa Ltd. in contempt after repossessing buses during interim orders, and held the arbitration clause survived termination.

• Arbitration Agreement Enforcement
• Interim Measures Of Protection
• Service Of Process On Corporations
• Contempt Of Court
• Lease Agreement Breach
• Lis Pendens Rule

Waligo v Mukasa

Waligo v Mukasa (Civil Suit 758 of 2023) [2024] UGHCLD 105 (11 April 2024)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 758 of 2023

Judge

Naluzze Aisha Batala, J

The High Court Land Division overruled preliminary objections arguing limitation and res judicata, holding the trespass claim accrued in 2019 and could proceed.

• Limitation Periods
• Res Judicata
• Trespass To Land
• Lis Pendens Rule
• Limitation-periods
• Res-judicata

Musisi Steven, Kaddu Vincent, Imelda Nalwanga, Caroline Namirembe, Nazze Annet & Teopista Kyolaba v John Bosco Mayanja & David Lubanga

Musisi Steven, Kaddu Vincent, Imelda Nalwanga, Caroline Namirembe, Nazze Annet & Teopista Kyolaba v John Bosco Mayanja & David Lubanga (Miscellaneous Appeal 3389 of 2023) [2024] UGHCLD 24 (29 January 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Appeal 3389 of 2023

Judge

Naluzze Aisha Batala, J

The High Court dismissed an appeal against an Assistant Registrar’s refusal of a temporary injunction, holding the Registrar had power to determine the preliminary objection.

• Temporary Injunction
• Jurisdiction Of Registrar
• Preliminary Objection
• Lis Pendens Rule
• Temporary-injunction
• Preliminary-objection

Imodot Paphras vs Oyoit Simon

Imodot Paphras vs Oyoit Simon (Miscellaneous Application No. 65 of 2022) [2023] UGHC 26 (18 January 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application No. 65 of 2022

Judge

Adonyo, J

The High Court dismissed an application to revise a magistrate’s ruling, holding that Civil Suit No. 22 of 2001 remained pending and barred Civil Suit No. 003 of 2021 under lis pendens.

• Revision Of Magistrate Decision
• Lis Pendens Rule
• Rehearing And Retrial
• Land Ownership Disputes
• Lis-pendens
• Civil-procedure-revision

Sheikh Mayanja v Mubiru Kisingiri

Sheikh Mayanja v Mubiru Kisingiri (Civil Application 502 of 2022) [2022] UGCA 332 (26 August 2022)

Court

Court of Appeal of Uganda

Case number

Civil Application 502 of 2022

Judge

Musoke, JA

The Court of Appeal granted an interim stay of execution after finding the applicant had a pending appeal, a substantive stay application, and a credible threat of execution.

• Stay Of Execution
• Lis Pendens Rule
• Abuse Of Court Process
• Interim Orders
• Land Title Disputes
• Stay-of-execution

CNOOC Uganda Limited v Commissioner General Uganda Revenue Authority

CNOOC Uganda Limited v Commissioner General Uganda Revenue Authority (Miscellaneous Application No. 754 of 2020) [2020] UGCommC 159 (6 November 2020)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 754 of 2020

Judge

Wabwire, J

The court found that the dismissal of HCCS 612 of 2015 was premature and erroneous, as mandatory scheduling conference had not occurred and steps had been taken by the respondent to move the matter forward, evidenced by correspondence to the court. The extracted order implied a hearing and attendance by parties, whereas the dismissal was made suo motu without notice, constituting an error apparent on the face of the record. The court held that the prerequisites for dismissal under Order 17 Rules 5 & 6 CPR were not met. Although the application could potentially offend the lis pendens rule if…

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• Review Of Court Orders
• Dismissal For Want Of Prosecution
• Jurisdiction Of High Court
• Lis Pendens Rule
• Transfer To Tax Appeals Tribunal
• Case Consolidation