Bright Emmanuel v Grand Victoria Limited (Labour Dispute Claim 107 of 2018) [2019] UGIC 36 (21 June 2019)
Court
Industrial Court of Uganda
Case number
Labour Dispute Claim 107 of 2018
Judge
Ruhinda-Ntengye, J, Tumusiime-Mugisha, J
The Industrial Court overruled a preliminary objection to a counterclaim, holding it arose from the employment dispute and could proceed with the main claim.
Nagawa & anor v Segawa & Ors (Civil Suit No. 27 of 2012) [2014] UGHCCD 14 (4 February 2014)
Court
HC: Civil Division (Uganda)
Case number
Civil Suit No. 27 of 2012
The Plaintiffs' suit was fundamentally defective for failing to plead the necessary particulars of fraud as required by Order 6 rule 3 of the Civil Procedure Rules. The Plaint did not allege sufficient facts to establish a cause of action against the Defendants, nor did it demonstrate the Plaintiffs' interest in the suit land or how the Defendants procured the title fraudulently. The mandatory requirements for pleading fraud and disclosing a cause of action were not met. The absence of these particulars rendered the suit frivolous, vexatious, and incapable of being cured by amendment. Consequ…
The Supreme Court held that the High Court judge had jurisdiction to entertain the application for review of the consent judgment entered by the registrar, as the registrar's powers do not include review jurisdiction. The application for review was based on discovery of new and important matter, which under Order 46 could be heard by any judge, not necessarily the one who entered the decree. However, the Court found that the appellants' ignorance of the pleaded fraud in the second amended written statement of defence did not amount to ignorance of a material fact sufficient to vitiate the con…