Uganda Case Law

Mugisha v Attorney General (HCT-01-CV-CS 34 of 2012)

Mugisha v Attorney General (HCT-01-CV-CS 34 of 2012) [2023] UGHCCD 196 (28 April 2023)

Court

HC: Civil Division (Uganda)

Case number

HCT-01-CV-CS 34 of 2012

Judge

Mugabo, J

The plaintiff was dismissed from Uganda Prisons Service for desertion after 19 days of absence, contrary to the statutory requirement of 21 days under Section 47 of the Prisons Act 2006. Although the plaintiff was not afforded a fair hearing prior to dismissal, his conduct constituted multiple breaches of public service law, including unauthorized absence and holding two full-time public offices concurrently. The court found that while the dismissal was procedurally flawed, the plaintiff's own misconduct and abuse of the system precluded substantive remedies. The only appropriate relief was n…

Source excerpt

• Wrongful Termination
• Public Service Misconduct
• Fair Hearing
• Nominal Damages

Dr. Karuhize byarugaba v Lumu

Dr. Karuhize byarugaba v Lumu (Civil Suit No. 419 of 2018) [2023] UGHCLD 40 (11 January 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 419 of 2018

Judge

Bernard Namanya, J

The High Court found the vendor breached a land sale contract by failing to deliver the land free of encumbrances, but denied rescission and a refund.

• Breach Of Contract
• Sale Of Land
• Encumbrances On Property
• Remedies For Breach
• Nominal Damages
• Breach-of-contract

Muleterwa v Kemirembe

Muleterwa v Kemirembe (Civil Appeal No. 111 of 2020) [2021] UGCA 191 (16 December 2021)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 111 of 2020

Judge

Monica K. Mugenyi, JA, Kasule, Ag JA, Kiryabwire, JA

The Court of Appeal held that the trial court erred in concurrently attributing vicarious liability to the State and personal liability to the appellant for negligence regarding the loss and disposal of the respondent's motor vehicle. The evidence did not meet the higher standard required to prove fraud against the appellant, and the award of special and general damages was not supported by strict proof or solid factual basis. The appellant's supervisory failure warranted nominal damages only. The appeal was substantially allowed, setting aside the trial court's judgment and orders against th…

Source excerpt

• Vicarious Liability
• Conversion Of Property
• Assessment Of Damages
• Proof Of Special Damages
• Fraud In Property Disposal
• Nominal Damages

Sekitoleko v DFCU Bank Limited

Sekitoleko v DFCU Bank Limited (Civil Suit No. 460 of 2011) [2020] UGCommC 144 (31 August 2020)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 460 of 2011

Judge

Wabwire, J

The High Court corrected a clerical error in its judgment under section 99 of the Civil Procedure Act, aligning the written amount of nominal damages with the amount in figures.

• Correction Of Judgment
• Nominal Damages
• Clerical Error
• Correction-of-judgment
• Clerical-error
• Nominal-damages

Nansubuga & Anor v Administrator General & Anor

Nansubuga & Anor v Administrator General & Anor (Civil Appeal No. 162 of 2015) [2020] UGCA 80 (2 July 2020)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 162 of 2015

Judge

Egonda-Ntende, JA, Kibeedi, JA, Barishaki, JA

The Court of Appeal found that the trial judge correctly applied the law regarding the burden and standard of proof in fraud cases. The respondent established a prima facie case of non-existence of a duly executed transfer form for the suit land, shifting the evidential burden to the appellants, who failed to rebut it with cogent evidence. The trial judge's attribution of fraud to Haji Zedi Semuyaga was justified by the benefit principle, as Semuyaga was the ultimate beneficiary of the fraudulent registration. The award of nominal damages was appropriate given the respondent's failure to prov…

Source excerpt

• Mailo Land Title
• Fraudulent Transfer
• Burden Of Proof
• Nominal Damages
• Land Registration
• Administration Of Estates

Nyamaizi & Another v Ssentongo

Nyamaizi & Another v Ssentongo (Civil Suit No. 10 of 2014) [2020] UGHC 52 (28 April 2020)

Court

High Court of Uganda

Case number

Civil Suit No. 10 of 2014

Judge

Gadenya, J

The High Court held that the Kasunga land formed part of Erasto Birakurataki’s estate, restrained the defendant from alienating it, and directed the Administrator General to administer the estate.

• Succession Intestacy
• Estate Administration
• Beneficiary Rights
• Intermeddling In Estate
• Injunctive Relief
• Nominal Damages

The Kabaka of Buganda v The Registered Trustees of the Uganda Scouts Association

The Kabaka of Buganda v The Registered Trustees of the Uganda Scouts Association (Civil Suit No. 1024 of 2001) [2018] UGHCLD 41 (23 May 2018)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 1024 of 2001

Judge

Kawesa, J

The High Court held that the defendant breached a land lease by non-payment of rent and unauthorized sand excavation, granting possession, injunction, re-entry, costs, and nominal damages.

• Breach Of Lease
• Non Payment Of Rent
• Re Entry And Possession
• Injunction
• Nominal Damages
• Breach-of-lease