Odong v TampEngineering Consultants Limited and 2 Others (Miscellaneous Application 129 of 2023) [2020] UGCommC 166 (20 February 2020)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 129 of 2023
Judge
Stephen Mubiru, J
The High Court ordered return of the applicant’s title deed after the underlying decree was set aside, finding no lawful basis to retain it as security.
Bon Holdings Ltd v Busoga Growers Cooperative Union Ltd (Civil Applic. 165 of 2011) [2013] UGCA 11 (18 October 2013)
Court
Court of Appeal of Uganda
Case number
Civil Applic. 165 of 2011
The Court found that the applicant had demonstrated prima facie grounds of appeal involving issues of law and fact arising from the High Court's orders, including the restitution of property and the refusal to review or grant leave to appeal. The Court applied the principle from Sango Bay Estates Ltd v Dresdner Bank A.G., holding that leave to appeal should be granted where there are grounds meriting serious judicial consideration. The respondent's own concession that issues may arise on appeal further supported the Court's conclusion. Accordingly, the application for leave to appeal was allo…
The Supreme Court held that the appellant and the Attorney-General were joined to the suit not because the plaintiff had a cause of action against them, but because their presence was deemed necessary for the court to effectually and completely adjudicate all questions involved, as per Order 1 Rule 10(2) of the Civil Procedure Rules. The appellant did not object to being joined and actively participated in the proceedings, including submissions on the merits. The Court of Appeal was correct in remitting the case for trial on the merits and awarding costs to the respondent, as the appellant ha…
The Constitutional Court held that the Expropriated Properties Act, 1982, to the extent that it nullifies the sale of the suit property to the defendant and deprives him of his proprietary interest, does not contravene the Constitution of Uganda and is not null and void. The Court reasoned that the Act was enacted to return expropriated properties to their original owners and provides for compensation and access to court, thus meeting the requirements of both the 1967 and 1995 Constitutions. While the compensation formula in section 11(4) of the Act may not guarantee adequate compensation as…
In Re: Criminal Case No. 190 of 1951 in the Supreme Court of Kenya at Nairobi Entitled: Rex v Ramji and Another (Miscellaneous Criminal Application No. 13 of 1951) [1950] EACA 140 (1 January 1950)
Court
East African Court of Appeal
Case number
Miscellaneous Criminal Application No. 13 of 1951
Judge
Windham J
The Court held that it lacked jurisdiction to order the restoration of Sh. 5,000 to the accused under sections 177 and 178 of the Criminal Procedure Code, as the money was not taken from the accused upon apprehension and the accused were acquitted. The attempt to import English criminal procedure via section 3(3) failed because the Code specifically covered restitution orders, precluding the application of English rules. Consent by the Crown could not validate an order made without jurisdiction. Consequently, the order for restoration was vacated, and the accused was left to pursue any civil…