Mulindwa v Atalyeba (HCT-01-CV-CS-0040-2023) [2025] UGHC 539 (14 July 2025)
Court
High Court of Uganda
Case number
HCT-01-CV-CS-0040-2023
Judge
Wagona, J
The High Court at Fort Portal overruled a preliminary objection and accepted a late defence, holding that substantive justice outweighed the filing default.
Faustine Ntambara v Benon Sebujisho (Civil Appeal No. 08 of 2021) [2025] UGSC 19 (14 May 2025)
Court
Supreme Court of Uganda
Case number
Civil Appeal No. 08 of 2021
Judge
Catherine Bamugemereire, JSC, Christopher Madrama Izama, JSC, Elizabeth Musoke, JSC, Stephen Musota, JSC, Monica K. Mugenyi, JSC
The Supreme Court held that civil revision decisions of the High Court under section 83 of the Civil Procedure Act are final and not appealable to the Court of Appeal.
Mudoma v Wagabyalire (Miscellaneous Application 87 of 2024) [2024] UGHC 764 (21 August 2024)
Court
High Court of Uganda
Case number
Miscellaneous Application 87 of 2024
Judge
Lubega, J
The High Court at Mbale refused leave to appeal, holding that the applicant had not shown grounds warranting appellate intervention and that the main suit should proceed.
Katushabe & 18 Others v Mbabazi & Another (Miscellaneous Application 39 of 2023) [2024] UGHC 532 (25 January 2024)
Court
High Court of Uganda
Case number
Miscellaneous Application 39 of 2023
Judge
Mugabo, J
The court found that the applicants' failure to attend the hearing was due to a bona fide mistake by their counsel, who believed the matter was fixed for a later date based on information from a court clerk. The applicants demonstrated genuine interest in prosecuting the appeal, and the respondents did not show that readmission would prejudice them. The court held that mistakes of counsel should not be visited on litigants and that substantive justice requires the appeal to be heard on its merits. The inherent powers of the court under Article 126(2)(e) of the Constitution and Section 98 of t…
The Industrial Court, by virtue of Section 18 of the Labour Disputes (Arbitration and Settlement) Act, is not bound by the strict rules of evidence that apply to civil proceedings. The Court adopts a less formal and more equitable approach to the admissibility of evidence in labour disputes, allowing documents to be admitted at the preliminary stage, with their authenticity, credibility, and probative value to be tested during cross-examination and subsequent evaluation. The admission of documents does not confirm their legality or authenticity, which remains subject to proof. The preliminary…
The court found that the Respondent's memorandum in reply was general and evasive, failing to provide specific denials or a reasonable answer to the Claimant's allegations of wrongful dismissal, thus offending Order 6 Rules 8 and 10 of the Civil Procedure Rules. However, the court exercised its discretion under Order 6 Rule 30 and Article 126(2)(e) of the Constitution to decline striking out the memorandum in reply, noting that substantive justice required the matter to be heard on its merits. The court considered the attached documents to the memorandum and determined that the deficiencies i…
Dr. Wanzige Magoola v Makerere University Business School and Another (Civil Miscellaneous Application No. 417 of 2020) [2021] UGHCCD 107 (28 June 2021)
Court
HC: Civil Division (Uganda)
Case number
Civil Miscellaneous Application No. 417 of 2020
Judge
Boniface Wamala, J
The court held that affidavits commissioned by a person who has been struck off the roll of advocates are incurably defective and illegal, as such a person cannot act as a Commissioner for Oaths. This is a judicially noticed fact, supported by statutory provisions and binding case law. The defect is not curable by principles of substantive justice, and the application, being unsupported by valid affidavit evidence, is incompetent and must be struck out. The court distinguished between advocates without a practising certificate (who remain on the roll) and those struck off (who are not advocat…
Joseph Initiatives Ltd v Akugizibwe (MISC.CIVIL APPLICATION No. 51 OF 2018) [2020] UGHCCD 149 (27 May 2020)
Court
HC: Civil Division (Uganda)
Case number
MISC.CIVIL APPLICATION No. 51 OF 2018
Judge
Gadenya, J
The High Court allowed an application to extend time to file an affidavit in reply, finding sufficient cause despite the applicant’s internal negligence, subject to costs.
Mugisha v Muyambi (CIVIL APPEAL NO. 25 OF 2018) [2020] UGHCCD 168 (13 March 2020)
Court
HC: Civil Division (Uganda)
Case number
CIVIL APPEAL NO. 25 OF 2018
Judge
Mugambe, J
The High Court partly allowed an appeal against dismissal of a suit for non-payment of security for costs, set aside the dismissal, and reinstated the suit.