Gitta v Kawuki and Another (Civil Suit 588 of 2023) [2023] UGHCLD 442 (24 April 2023)
Court
HC: Land Division (Uganda)
Case number
Civil Suit 588 of 2023
Judge
Asiimwe, J
The High Court struck out a land suit after finding the plaint disclosed no cause of action against either defendant. Costs were awarded to the first defendant.
The Tribunal held that for it to have jurisdiction to review a matter, there must be a taxation decision from the respondent. The applicant did not object to the notices of approval and was not aggrieved by them, but was aggrieved by the respondent's failure to pay interest on the refund. The VAT Act and Tax Appeals Tribunal Act require a taxpayer to seek a decision from the respondent regarding non-payment of interest before approaching the Tribunal. Without such a decision, there is nothing for the Tribunal to review, and jurisdiction cannot be assumed. The Tribunal further found that the a…
Mbabazi v Kabale Municipal Council and Another (Civil Suit 27 of 2019) [2023] UGHC 80 (28 February 2023)
Court
High Court of Uganda
Case number
Civil Suit 27 of 2019
Judge
Emokor, J
The court found that the plaint failed to explicitly plead any infringement of fundamental or other rights guaranteed under the Constitution, as required for actions brought under Article 50. The particulars of malafides and illegalities alleged against the Defendants did not amount to a constitutional violation, and the Plaintiff's submissions could not cure the deficiency in the pleadings. The Plaintiff also failed to demonstrate that he had exhausted alternative remedies or followed due process before instituting the suit. Consequently, the preliminary objection by the 2nd Defendant was up…
Mufumbiro and 4 Others v Uganda Electricity Transmission (Civil Suit No. 360 of 2007) [2022] UGHCLD 91 (18 February 2022)
Court
HC: Land Division (Uganda)
Case number
Civil Suit No. 360 of 2007
Judge
Kawesa, J
The High Court rejected a plaint against UETCL for not disclosing a cause of action, holding that the public notices relied on were general statutory warnings.
Aryemu Ocheng( through his lawful Attorney) v Umeme Limited (Civil Suit No. 15 of 2016) [2021] UGHCCD 40 (15 June 2021)
Court
HC: Civil Division (Uganda)
Case number
Civil Suit No. 15 of 2016
Judge
Musa Ssekaana, J
The High Court held that the plaintiff failed to prove trespass by Umeme over a transformer and power lines on his land, but ordered relocation of lines affecting his house.
Mutesi Zubedah V Uganda Revenue Authority (Miscellaneous Cause No. 11 of 2011) [2019] UGHCCD 137 (5 July 2019)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause No. 11 of 2011
Judge
Musa Ssekaana, J
The court found that after the consent order, the applicant had no residual claims against the respondent, as the motor vehicle was properly registered in the name of the importer and released to the applicant upon payment of the required fees. The respondent acted within its statutory mandate and did not commit any actionable wrong or tort against the applicant. Judicial review is not a mechanism for automatic damages, and the applicant failed to establish any basis for compensation, as there was no unlawful act or breach of statutory duty by the respondent. The application for damages was t…
Rwakoma v Makerere University & Another (MISCELLANEOUS CAUSE NO. 153 OF 2014 & APPLICATION NO. 812 OF 2017) [2019] UGHCCD 262 (27 June 2019)
Court
HC: Civil Division (Uganda)
Case number
MISCELLANEOUS CAUSE NO. 153 OF 2014 & APPLICATION NO. 812 OF 2017
The court found that the applicant retired on 30th April 2012 and was entitled to benefits under the University Retirement Benefits Scheme and Deposit Administration Plan, but not the in-house retirement benefits scheme (IHRBS), as she had not completed ten years of service by the scheme's closure on 31st March 2009. The Human Resource office was directed to verify whether the applicant received all her due benefits under the DAP and University scheme, and to pay any outstanding amounts. The applicant's claim for repatriation/transport costs was referred to the Human Resource office for deter…
Bwanika & 16 Ors v Uganda Registration Services Bureau & Anor (MISCELLANEOUS CAUSE NO. 083 OF 2018) [2019] UGHCCD 50 (8 February 2019)
Court
HC: Civil Division (Uganda)
Case number
MISCELLANEOUS CAUSE NO. 083 OF 2018
Judge
Musa Ssekaana, J
The High Court granted mandamus in a judicial review challenge over copyright collecting-society regulation, directing the Registrar of Copyright to guide a compliant film-sector society.
Kabera v Attorney General & Anor (HCT-00-CV-MA-0365 OF 2017) [2017] UGHCCD 202 (15 August 2017)
Court
HC: Civil Division (Uganda)
Case number
HCT-00-CV-MA-0365 OF 2017
Judge
Musota, J
High Court granted mandamus compelling payment of a judgment debt and taxed costs against government, but refused to award damages not decreed by court.