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Uganda Case Law

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Civil Procedure [2024] UGHC 163

Buregyeya & Another v Arinatwe

Buregyeya & Another v Arinatwe (Civil Appeal 36 of 2020) [2024] UGHC 163 (27 March 2024)

Court
High Court of Uganda
Case number
Civil Appeal 36 of 2020
Judge
Emokor, J

The court held that the Advocates (Remuneration and Taxation of Costs) Regulations SI No. 7 of 2018 do not contain any saving provisions for the application of the 1996 rules and do not apply retrospectively. The rights of the parties regarding costs must be determined by the law in force at the time the suit was instituted and judgment delivered. The hybrid approach adopted by the taxing master was not supported by law and resulted in an unjust outcome. Therefore, the bill of costs should be retaxed under the Advocates (Remuneration and Taxation of Costs) Rules SI No. 3 of 1996, and the prev…

Source excerpt

  • Taxation Of Costs
  • Retrospective Application Of Statutes
  • Advocates Remuneration
  • Judicial Discretion In Costs
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Constitutional Law [2022] UGHCCD 212

Mangafu and 12 Others v Agilis Ranch 20 and 21 Limited and 3 Others (Misc Cause No. 11 of 2020)

Mangafu and 12 Others v Agilis Ranch 20 and 21 Limited and 3 Others (Misc Cause No. 11 of 2020) [2022] UGHCCD 212 (20 October 2022)

Court
HC: Civil Division (Uganda)
Case number
Misc Cause No. 11 of 2020
Judge
Byaruhanga Rugyema, J

The court found that the application was a disguised representative action brought under the Human Rights (Enforcement) Act and the Judicature (Fundamental Rights and Other Freedoms (Enforcement Procedure) Rules, 2019, but failed to comply with the mandatory requirements for representative actions under Order 1 Rule 8 of the Civil Procedure Rules, including identification and notification of all persons represented. The amended Notice of Motion was filed and served without valid supporting affidavits, and the affidavits later filed were incurably defective due to improper commissioning and de…

Source excerpt

  • Human Rights Enforcement
  • Representative Actions
  • Retrospective Application Of Statutes
  • Affidavit Requirements
  • Service Of Process
  • Land Eviction
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Land And Property [1951] EACA 54

Devji and Others v Noronha

Devji and Others v Noronha (Civil Appeal No. 64 of 1950) [1951] EACA 54 (1 January 1951)

Court
East African Court of Appeal
Case number
Civil Appeal No. 64 of 1950
Judges
Lockhart-Smith, Ag. VP, Nihill P, Thacker, Ag. C.J

The Court of Appeal for Eastern Africa held that the Increase of Rent (Restriction) Ordinance, 1949, by necessary implication, ousted the original jurisdiction of the Supreme Court of Kenya to entertain proceedings for recovery of possession and arrears of rent in respect of controlled premises situated within the areas of the Central or Coast Rent Restriction Boards, as jurisdiction was specifically conferred on those Boards by the Ordinance. The Court further held that the 1949 Ordinance operated retrospectively to proceedings instituted but not determined before its commencement, and that…

Source excerpt

  • Rent Restriction
  • Jurisdiction Of Courts
  • Retrospective Application Of Statutes
  • Statutory Tenants
  • Repeal And Saving Clauses
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About this JurisAssist collection

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.

Source links and collection timestamps are retained alongside the indexed records.