Kiwanuka v Kasumba (Miscellaneous Application 1984 of 2024) [2024] UGHCLD 240 (17 October 2024)
Court
HC: Land Division (Uganda)
Case number
Miscellaneous Application 1984 of 2024
Judge
Naluzze Aisha Batala, J
The High Court granted unconditional leave to defend a summary land-suit application, finding that disputed payments and alleged breaches raised triable issues.
Departed Asians Custodian Board v Kasaija and 245 others (Miscellaneous Application No. 21 of 2022) [2022] UGHCCD 149 (26 August 2022)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application No. 21 of 2022
Judge
Byaruhanga Rugyema, J
The court found that the interlocutory judgment was irregularly entered under O.9 r.8 CPR because the counterclaim was not for pecuniary damages or detention of goods. The proper procedure would have been to proceed as if a defence had been filed and set the matter for hearing ex parte. Although the applicant was grossly negligent in failing to ensure a defence was filed, the interests of justice and the powers vested in the court under S.33 of the Judicature Act warranted setting aside the interlocutory judgment and granting leave to file a defence. The court emphasized that all matters in c…
Joseph Zagyenda Vs. Uganda (Crim. Appl. No. 11 of 2011) [2011] UGHC 59 (11 May 2011)
Court
High Court of Uganda
Case number
Crim. Appl. No. 11 of 2011
The application for a stay of criminal proceedings was found to be wrongly brought under sections 17 and 206(3) of the Judicature and Magistrates Courts Acts, as there was no evidence of delay or technicalities defeating substantive justice. Both the criminal and civil cases concern the validity of the same land sale, but the law and precedent (Esso Standard (U) Ltd vs Nabudere) permit concurrent proceedings. The applicant's arguments regarding bias, defects in the charge sheet, and the role of the alleged victim are matters for the respective trial courts. Judicial efficiency and the interes…