Uganda Case Law

Annet Namirimu v Susan Bamanyisa and 2 Others (HC Miscellaneous Application No. 894 of 2018)

Annet Namirimu v Susan Bamanyisa and 2 Others (HC Miscellaneous Application No. 894 of 2018) [2021] UGHCLD 45 (21 January 2021)

Court

HC: Land Division (Uganda)

Case number

HC Miscellaneous Application No. 894 of 2018

Judge

Kazaarwe, J

The court found that the Ag. Assistant Registrar lacked jurisdiction to dismiss a part-heard suit under Order 17 rule 6 of the Civil Procedure Rules. The powers of registrars are limited to formal and interlocutory matters and do not extend to dismissing suits that have already commenced hearing before a judge. As such, the dismissal order made on 19th September 2007 was a nullity. The court held that the suit HCCS 1062 of 1987 remains pending before the court as a part-heard case, and the dismissal order must be set aside. The failure to cite the correct procedural law did not render the app…

Source excerpt

• Jurisdiction Of Registrar
• Dismissal Of Suit
• Setting Aside Orders
• Powers Of Court
• Limitation Of Actions

Hussain Grinding Mill Ltd & Anor v ASM Minerals Processors Ltd

Hussain Grinding Mill Ltd & Anor v ASM Minerals Processors Ltd (CIVIL APPEAL No. 97 OF 2017) [2017] UGHCCD 207 (1 December 2017)

Court

HC: Civil Division (Uganda)

Case number

CIVIL APPEAL No. 97 OF 2017

Judge

Elubu, J

The High Court held that the Deputy Registrar lacked jurisdiction to hear a temporary-injunction application and set aside the resulting orders as a nullity.

• Jurisdiction Of Registrar
• Temporary Injunctions
• Practice Directions
• Powers Of Court
• Interlocutory Applications
• Civil-procedure

Patel v Joshi

Patel v Joshi (Civil Appeal No. 39 of 1951) [1952] EACA 42 (1 January 1952)

Court

East African Court of Appeal

Case number

Civil Appeal No. 39 of 1951

Judge

Hearne CJ, Nihill P, Worley VP

The Court of Appeal for Eastern Africa dismissed an appeal over refusal to amend pleadings in a money dispute, holding the proposed shift in case was not bona fide.

• Amendment Of Pleadings
• Powers Of Court
• Money Lending Disputes
• Trading Transactions
• Burden Of Proof
• Amendment-of-pleadings

Mohamed v Khan (C.A. 18/1929.)

Mohamed v Khan (C.A. 18/1929.) [1929] EACA 116 (1 January 1929)

Court

East African Court of Appeal

Case number

C.A. 18/1929.

Judge

Thomas, J. (Kenya)

The court held that the power conferred by section 249 of the Indian Civil Procedure Code, 1882, to make such order as it thinks fit on objections to execution, is not unlimited and must be exercised within the confines of section 244. Section 244 restricts the court's jurisdiction in execution proceedings to questions relating to the execution, discharge, or satisfaction of the decree. Allegations of fraud go to the validity and subsistence of the decree itself and cannot be adjudicated in execution proceedings. The proper procedure, when fraud is alleged, is for the court to stay execution…

Source excerpt

• Execution Of Decrees
• Fraud In Judgment
• Scope Of Execution Proceedings
• Powers Of Court
• Procedure For Objections
• Setting Aside Decree