Uwamahoro v Senyonyi (Miscellaneous Application 538 of 2022) [2025] UGHCCD 22 (14 February 2025)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application 538 of 2022
Judge
Musa Ssekaana, J
The High Court struck out a plaint for failing to disclose a reasonable cause of action, finding the pleadings and annexures did not support the claimed liability.
Kiggundu and Others v Kibumbi and Another (MISCELLANEOUS APPLICATION NO.3539 OF 2023) [2024] UGHC 1217 (30 September 2024)
Court
High Court of Uganda
Case number
MISCELLANEOUS APPLICATION NO.3539 OF 2023
Judge
Nabakooza, J
The High Court of Uganda refused to strike out the defence or enter judgment on admission, holding that the pleadings were not wholly general or unequivocal enough.
Kamuntu v Mbabazi & 3 Others (Civil Suit 33 of 2021) [2024] UGHC 834 (5 September 2024)
Court
High Court of Uganda
Case number
Civil Suit 33 of 2021
Judge
Emokor, J
The court found that the plaint meets the basic requirements for disclosing a cause of action as set out in Auto Garage v Motokov, namely that the plaintiff has a right, alleges its violation, and identifies the defendants as liable. However, the plaint lacks specificity in attributing defamatory statements to individual defendants and fails to provide English translations of attached recordings, which are necessary for clarity and targeted responses. These defects are curable by amendment, not fatal to the suit. The preliminary objection partially succeeds: the plaintiff is ordered to amend…
Amondoi v Oryon (Civil Appeal 57 of 2023) [2024] UGHC 797 (27 August 2024)
Court
High Court of Uganda
Case number
Civil Appeal 57 of 2023
Judge
Adonyo, J
The High Court dismissed a defamation appeal, holding the plaint failed to plead the actual defamatory words verbatim and so disclosed no cause of action.
Turinomuhangi v Chonguing International Construction & Another (Civil Suit 66 of 2022) [2024] UGHC 157 (28 February 2024)
Court
High Court of Uganda
Case number
Civil Suit 66 of 2022
Judge
Emokor, J
The court held that while the plaintiff failed to plead particulars of negligence, the plaint nonetheless disclosed a cause of action because it alleged a right, its violation, and the defendants' liability. The omission of particulars of negligence is a curable defect and does not warrant dismissal of the suit. The court relied on the Supreme Court's guidance in Tororo Cement Co. Ltd v Frokina International Ltd, which allows for amendment of pleadings to include particulars where a cause of action is otherwise disclosed. The court also found that failure to attach proof of ownership of the v…
Tweheyo v Murungi (Civil Suit 24 of 2020) [2023] UGHC 138 (30 November 2023)
Court
High Court of Uganda
Case number
Civil Suit 24 of 2020
Judge
Wagona, J
The High Court at Fort Portal overruled a defendant’s preliminary objections in a defamation suit, finding the claim was timely, properly pleaded, and disclosed a cause of action.
Dr. Ekure v Odaet (Civil Suit No. 41 of 2019) [2023] UGHC 32 (17 January 2023)
Court
High Court of Uganda
Case number
Civil Suit No. 41 of 2019
Judge
Adonyo, J
The High Court dismissed a defamation claim against the fourth defendant, finding no proof that she published or caused publication of the newspaper articles.
Eagle Investments Limited v Surjit Bihari & Jinja District Land Board (Civil Suit 20 of 2018) [2022] UGHC 111 (7 December 2022)
Court
High Court of Uganda
Case number
Civil Suit 20 of 2018
Judge
Bukirwa, J
The court found that the absence of the Certificate of Incorporation and Lease Agreement attached to the Plaint does not, at the preliminary stage, deprive the Plaintiff of locus standi. The court distinguished the authorities cited by the Defendants, noting that in the present case, the Plaintiff is still leading evidence and has the opportunity to produce the required documents at trial. The court reiterated that a preliminary objection must be based on a pure point of law and cannot be sustained where facts are yet to be established through evidence. Consequently, the preliminary objection…
Amina Alibhai Kara (Administrator of the estate of the late Alibhi Kara) v Kanabar Kuman Vithladas (Civil Suit 14 of 2019) [2022] UGHC 112 (4 November 2022)
Court
High Court of Uganda
Case number
Civil Suit 14 of 2019
Judge
Bukirwa, J
The High Court held that a land-sale claim for UGX 85 million was time barred, rejected the plaint under Order 7 rule 11(d), and dismissed the suit.
Semata v Yasin Omari (Miscellaneous Application No. 774 of 2021) [2022] UGHCCD 224 (24 October 2022)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application No. 774 of 2021
Judge
Musa Ssekaana, J
The High Court dismissed an application to strike out a defamation plaint, holding that the pleadings disclosed a cause of action and should proceed to trial.