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Uganda decisions
Decisions matching the current search
Tumuhimbise Asafu and Another v Bogere Paul (Civil Revision No. 34 of 2023) [2025] UGHCCD 63 (24 March 2025)
The High Court revised a civil suit record, set aside the judgment, decree, taxation and execution, and granted unconditional leave to defend after finding payment discrepancies.
Mona International Cargo & Management Company Limited & 4 Others v Stanbic Bank Uganda Limited (Miscellaneous Application 2982 of 2023) [2025] UGCommC 24 (12 March 2025)
The court found that service of the amended summons and plaint was effective because the process server delivered them to the 4th Applicant, a director and authorized agent of the 1st Applicant company, who then instructed the process server to serve the documents onto the Applicants' advocates. The misnomer in the name of the 1st Applicant was deemed a minor technicality that was promptly corrected and did not affect the substance of the claim or the identity of the parties. The Applicants' argument that their legal counsel lacked instructions was rejected, as the time to apply for leave to…
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Muhamed v Musiwa (Civil Suit 71 of 2023) [2025] UGHC 19 (22 January 2025)
The High Court of Uganda held that the defendant breached a loan agreement and owed the plaintiff UGX 500 million, plus interest, damages, and costs.
Waiswa v Earth Rich Co. Limited (Civil Revision 1 of 2022) [2024] UGCommC 183 (23 May 2024)
The application for revision was dismissed on two main grounds. First, the application was filed three years after the judgment and two years after execution commenced, constituting an unreasonable and inordinate delay. The applicant provided no justification for this delay, and granting revisionary orders at such a late stage would cause serious hardship to the respondent, contrary to Section 83(e) of the Civil Procedure Act and established case law. Second, on the merits, the applicant failed to prove that the Chief Magistrate's Court of Kajjansi lacked territorial jurisdiction. The agreeme…
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Sengendo v Sebbagala (Miscellaneous Application 2491 of 2023) [2024] UGCommC 88 (11 March 2024)
The High Court dismissed an application to set aside a default judgment, holding that the leave-to-defend application was filed out of time and no good cause was shown.
Uganda Pulp & Paper Millers Limited v Eaton Manufactures Limited, Kagoro Epimac & Dr. N. Venkata Erishan (Civil Suit 4 of 2022) [2023] UGHC 237 (9 November 2023)
The High Court entered judgment on admission for the plaintiff after a defendant’s accountant unequivocally admitted the debt, less USD 2,000 already paid.
Dungu v Kateera (Civil Appeal No. 44 of 2015) [2023] UGCA 82 (9 March 2023)
The Court of Appeal held that the appellant's failure to serve the Notice and Memorandum of Appeal within the prescribed time constituted a failure to take an essential procedural step. The court found that while the law does not impose a mandatory obligation on parties to obtain the record of proceedings, it is prudent for litigants to follow up. The appellant conceded late service, but the court determined that such irregularity was not curable in the circumstances, especially given the appellant's lack of a defensible cause and dilatory conduct. The trial judge was justified in considering…
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Machumbi Gasasira v Zia Uwera Murekatete (Civil Miscellaneous Application No. 282 of 2021) [2021] UGCA 169 (25 November 2021)
The court found that the applicant had not established a valid Notice of Appeal before the Court of Appeal, as the Notice of Appeal was filed out of time and its validation was still pending determination in Miscellaneous Application No. 304 of 2020. Without a valid Notice of Appeal, there was no appeal pending before the court, and thus the requirements for granting an interim stay of execution were not met. The court emphasized that the inherent powers under Rule 2(2) of the Judicature (Court of Appeal Rules) Directions must be exercised judiciously and cannot be used to circumvent statutor…
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Jackson Kabikire Mubangizi v Housing Finance Bank (Civil Miscellaneous Application No. 961 of 2021) [2021] UGCommC 19 (27 May 2021)
The applicant does not deny indebtedness or default on the loan repayment. The only ground advanced for leave to defend is the adverse impact of the COVID-19 pandemic on his income. While the court takes judicial notice of the pandemic's impact, the relationship between the parties is governed by contract, and the loan agreement provides for automatic termination upon default. The applicant failed to demonstrate any bona fide triable issue of fact or law, or any other reasonable ground for leave to defend. The prerequisites for granting unconditional leave to defend are not met. Accordingly,…
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Ggingo Mujje v Diamond Trust Bank Uganda Ltd (Miscellaneous Application No. 937 of 2016) [2019] UGCommC 233 (1 March 2019)
The court granted the applicant unconditional leave to defend a summary suit after finding bona fide triable issues over the loan balance, securities, and alleged discrepancies.
