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Uganda decisions
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Muhammad Musoke v Ggingo Charles Mujje (Civil Appeal No. 712 of 2024) [2025] UGCA 221 (4 July 2025)
The Court of Appeal dismissed a stay application as premature and an abuse of process because a similar stay request was still pending in the High Court.
CRJE (East Africa) Limited v National Council for Higher Education (Application 48 of 2024) [2025] UGPPDPAAT 1 (9 January 2025)
The Tribunal found that it lacked jurisdiction to entertain the application because the subject matter was already pending before the High Court, a superior court, and the reliefs sought were substantially the same. The Tribunal held that once it rendered its decision in Application No. 27 of 2024, it became functus officio and could not revisit the matter except for clerical corrections. The Applicant's pursuit of parallel proceedings in both the Tribunal and the High Court constituted an abuse of process, barred by Section 6 of the Civil Procedure Act. The Tribunal emphasized that jurisdict…
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Lena Nakalema v Christopher Mubiru and Others (Miscellaneous Application No. 1505 of 2022) [2022] UGHCLD 196 (23 September 2022)
The court found that the applicant had demonstrated a serious question to be tried in the main suit regarding ownership of the suit land. The respondents, having failed to file affidavits in reply, are deemed to have accepted the applicant's factual assertions. The Commissioner for Land Registration was aware of the pending suit but threatened to alter the land register, which would cause irreparable injury to the applicant that cannot be compensated by damages. The court held that it has inherent jurisdiction to grant a temporary injunction even against a statutory authority where necessary…
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Alcon International Limited v Standard Charted Bank of Uganda and Others (Reference 6 of 2010) [2011] EACJ 7 (28 August 2011) (First Instance Division)
The Reference is improperly before the East African Court of Justice as against all Respondents because the Claimant is directly involved in ongoing proceedings in the courts of Uganda concerning the same subject matter. The Court found that under Article 30 of the Treaty, only Partner States or Institutions of the East African Community may be joined in such References, and the First Respondent, a private company, does not qualify. The Court further held that the extended jurisdiction under Article 27(2) has not been operationalised by a protocol, and even if it had, the Reference would stil…
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Ketan Morjaria & Raji v The Commissioner General URA (Miscellaneous Application No. 628 of 2010) [2011] UGCommC 208 (27 January 2011)
The court found that the applicants had established a prima facie case, as there was a genuine legal controversy regarding whether the capital gain from the sale of shares was exempt from tax under the Income Tax Act prior to 1 July 2010. The court held that the suit was neither frivolous nor vexatious and merited judicial consideration. However, the court doubted whether irreparable harm would result from enforcement of the assessment, as any overpaid tax could be refunded with interest. The balance of convenience favored granting the injunction to maintain the status quo pending resolution…
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