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Uganda Case Law

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Civil Procedure [2020] UGCommC 166

Odong v TampEngineering Consultants Limited and 2 Others

Odong v TampEngineering Consultants Limited and 2 Others (Miscellaneous Application 129 of 2023) [2020] UGCommC 166 (20 February 2020)

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.

  • Restitution Of Property
  • Lifting Corporate Veil
  • Execution Of Decree
  • Inherent Jurisdiction
  • Advocate Lien
  • Restitution
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Civil Procedure [2013] UGCA 11

Bon Holdings Ltd v Busoga Growers Cooperative Union Ltd

Bon Holdings Ltd v Busoga Growers Cooperative Union Ltd (Civil Applic. 165 of 2011) [2013] UGCA 11 (18 October 2013)

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…

  • Leave To Appeal
  • Setting Aside Judgment
  • Restitution Of Property
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Civil Procedure [1999] UGSC 2

Departed Asians Property Custodian Board v Jaffer Brothers Ltd

Departed Asians Property Custodian Board v Jaffer Brothers Ltd (Civil Appeal 9 of 1998) [1999] UGSC 2 (27 May 1999)

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…

  • Joinder Of Parties
  • Cause Of Action
  • Costs Award
  • Restitution Of Property
  • Limitation Periods
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Constitutional Law [1998] UGCC 3

Pyrali Abdul v Sibo (Consitutional Petition 9 of 1997)

Pyrali Abdul v Sibo (Consitutional Petition 9 of 1997) [1998] UGCC 3 (23 June 1998)

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…

  • Expropriation Of Property
  • Compulsory Acquisition
  • Compensation For Deprivation
  • Restitution Of Property
  • Bona Fide Purchaser
  • Interpretation Of Existing Law
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Land And Property [1994] UGHC 71

Madat v Attorney General & Another

Madat v Attorney General & Another (Civil Suit 309 of 1992) [1994] UGHC 71 (21 October 1994)

The High Court held that the Expropriated Properties Act 1982 applied and that compensation to the purchaser had to be calculated under section 11(4).

  • Expropriated Properties Act
  • Compensation Calculation
  • Restitution Of Property
  • Nullification Of Sale
  • Expropriated-properties-act
  • Property-restitution
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Criminal Law [1950] EACA 140

In Re: Criminal Case No. 190 of 1951 in the Supreme Court of Kenya at Nairobi Entitled: Rex v Ramji and Another

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)

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…

  • Restitution Of Property
  • Jurisdiction Of Criminal Courts
  • Criminal Procedure Code Interpretation
  • Restoration Orders
  • Possessory Title In Criminal Cases
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.