Uganda Case Law

Sesam energetics Ltd v Electricity Regulatory authority

Sesam energetics Ltd v Electricity Regulatory authority (Civil Suit No. Originating Summons 3 of 2014) [2014] UGCommC 214 (7 July 2014)

Court

Commercial Court of Uganda

Case number

Civil Suit No. Originating Summons 3 of 2014

The High Court struck out Sesam Energetics 1 Ltd’s originating summons, holding that Order 37 Rule 6 does not cover statutory instruments like electricity regulations.

• Originating Summons
• Interpretation Of Statutory Instruments
• Procedural Appropriateness
• Originating-summons
• Statutory-instruments
• Civil-procedure

Zalwango & anor v Walusimbi & anor (Originating Summons No. 03 of 2013)

Zalwango & anor v Walusimbi & anor (Originating Summons No. 03 of 2013) [2014] UGHC 9 (11 February 2014)

Court

High Court of Uganda

Case number

Originating Summons No. 03 of 2013

Judge

Namundi, J

The court held that the dispute between the parties is highly contentious, involving complex factual issues regarding the rightful administrators and beneficiaries of the estates in question. Such matters require comprehensive evidence, including oral testimony, which cannot be adequately addressed through affidavit evidence alone as required by the Originating Summons procedure. The authorities cited establish that Originating Summons is only appropriate for simple, uncontested matters. Therefore, the use of Originating Summons in this case was procedurally improper. The court upheld the pre…

Source excerpt

• Originating Summons
• Preliminary Objections
• Contentious Matters
• Affidavit Evidence

Ogoola v Othieno Okoth (High Court Civil Suit No. 255 of 2002)

Ogoola v Othieno Okoth (High Court Civil Suit No. 255 of 2002) [2003] UGHC 71 (2 October 2003)

Court

High Court of Uganda

Case number

High Court Civil Suit No. 255 of 2002

The High Court held that a partnership may continue for winding up even after technical dissolution, and overruled a preliminary objection to an originating summons.

• Originating Summons
• Partnership Dissolution
• Winding Up Of Partnership
• Preliminary Objection
• Originating-summons
• Partnership-dissolution

Abdu Kikomeko v Aisa Nalweyiso & Anor (Misc. Appl. No. 1274 of 1999)

Abdu Kikomeko v Aisa Nalweyiso & Anor (Misc. Appl. No. 1274 of 1999) [2000] UGHC 7 (7 March 2000)

Court

High Court of Uganda

Case number

Misc. Appl. No. 1274 of 1999

The court held that the application was fundamentally defective because it was not accompanied by an affidavit as required by Order 34 rule 7 of the Civil Procedure Rules. Instead, the applicant's counsel attached a document titled 'Affirmation' to the originating summons, which does not satisfy the legal requirement for an affidavit. The affidavit is the bedrock of such an application, and its absence is a fatal defect that cannot be cured. Consequently, the application was struck out for non-compliance with the mandatory procedural requirements.

Source excerpt

• Originating Summons
• Vesting Order
• Transfer Of Land
• Estate Succession

Allen Isingoma V Alex Muhairwe & 2 Ors

Allen Isingoma V Alex Muhairwe & 2 Ors (Criminal Case No. 39 of 1992) [1992] UGHC 2 (18 March 1992)

Court

High Court of Uganda

Case number

Criminal Case No. 39 of 1992

The High Court upheld a preliminary objection, holding that the supporting affidavit to an originating summons was incurably defective and left the summons incompetent.

• Affidavit Requirements
• Originating Summons
• Preliminary Objection
• Defective Affidavit
• Affidavit-requirements
• Originating-summons

O'dell v Thompson and Others

O'dell v Thompson and Others (Civil Appeal No. 38 of 1954) [1955] EACA 177 (1 January 1955)

Court

East African Court of Appeal

Case number

Civil Appeal No. 38 of 1954

Judge

O'Connor CJ, Sir Enoch Jenkins, JA, Worley VP

The Court of Appeal for Eastern Africa held that an originating summons adjudication is an order, not a decree, so the appeal filed before a formal order existed was incompetent.

• Originating Summons
• Decree Vs Order
• Appeal Rights
• Costs Awards
• Party Addition
• Originating-summons

Maxwell v Kalyanji and Others

Maxwell v Kalyanji and Others (Civil Case No. 762 of 1951) [1952] EACA 278 (1 January 1952)

Court

East African Court of Appeal

Case number

Civil Case No. 762 of 1951

Judge

Bourke J

A chattels mortgagee challenged execution against mortgaged goods, but the court held the originating summons under Order 21 was not the proper procedure.

• Chattels Mortgage
• Attachment Proceedings
• Execution Of Judgment
• Rights Of Third Parties
• Originating Summons
• Court Broker Authority

Mohamed v Makharran and Another

Mohamed v Makharran and Another (Civil Appeal No. 14 of 1956) [1950] EACA 260 (1 January 1950)

Court

East African Court of Appeal

Case number

Civil Appeal No. 14 of 1956

Judge

Bacon, JA, Briggs (Acting Vice-President), Worley, P

The court held that the High Court of Tanganyika could hear a guardianship dispute by originating summons, applying English procedure where the local code was silent.

• Originating Summons
• Guardianship Of Infants
• Islamic Law Application
• Jurisdiction Of High Court
• Originating-summons
• Guardianship-of-infants

Koorjee v Butta

Koorjee v Butta (Civil Case No. 175 of 1940) [1940] EACA 45 (1 January 1940)

Court

East African Court of Appeal

Case number

Civil Case No. 175 of 1940

Judge

Hayden J

A mortgagee seeking a personal decree against the mortgagor must proceed by ordinary action, not originating summons, under Order 34 rule 3A.

• Mortgage Enforcement
• Originating Summons
• Personal Decree
• Order 34 Rule 3a
• Ejusdem Generis Doctrine
• Mortgage-enforcement

In Re: Estate of Sheikh Mohamed Bin Ali Bin Saad El Mandiry (Deceased)

In Re: Estate of Sheikh Mohamed Bin Ali Bin Saad El Mandiry (Deceased) (Cause No. 10 of 1933) [1938] EACA 172 (1 January 1938)

Court

East African Court of Appeal

Case number

Cause No. 10 of 1933

Judge

Lucie-Smith, J. (Kenya)

The court held that an administrator’s release should be sought by originating summons, not by petition or notice of motion, and struck out the motion.

• Probate Procedure
• Originating Summons
• Administrator Release
• Order Xxxiv
• Preliminary Objection
• Probate-procedure