Uganda Case Law

Masiko v Magara and 4 Others

Masiko v Magara and 4 Others (Civil Appeal 39 of 2024) [2025] UGHC 107 (31 January 2025)

Court

High Court of Uganda

Case number

Civil Appeal 39 of 2024

Judge

Byaruhanga Rugyema, J

The court found that the memorandum of appeal was filed within the statutory period when the time taken by the lower court to prepare and certify the record was excluded, as required by Section 79(2) CPA. The preliminary objection regarding competence of the appeal was overruled. On the merits, the court held that Smak Advocates' representation of the Respondents was not objected to by the parties, and the absence of a notice of instructions was a technicality that did not prejudice the Appellant. However, instruction fees and costs prior to the filing of instructions would not be recoverable…

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• Appeal Timelines
• Bill Of Costs Taxation
• Advocate Instructions
• Costs Award
• Technicalities In Procedure

Okoya & Another v Akumu & Another

Okoya & Another v Akumu & Another (Civil Appeal 25 of 2018) [2024] UGHC 421 (9 June 2024)

Court

High Court of Uganda

Case number

Civil Appeal 25 of 2018

Judge

Phillip Odoki, J

The High Court overruled a preliminary objection that the appeal was invalid because it was filed as a “Tentative Memorandum of Appeal,” holding the defect was only technical.

• Memorandum Of Appeal
• Preliminary Objection
• Technicalities In Procedure
• Civil-procedure
• Civil-appeals
• Preliminary-objection

Nakaima Kiiza v Tusiime Nsubuga (Originating Summons No. 06 of 2011)

Nakaima Kiiza v Tusiime Nsubuga (Originating Summons No. 06 of 2011) [2012] UGHC 214 (25 October 2012)

Court

High Court of Uganda

Case number

Originating Summons No. 06 of 2011

Judge

Tuhaise, J

The omission to indicate who drafted the affidavits is a mere technicality and does not affect the substantive justice of the case. In line with Article 126(e) of the Constitution and relevant case law, such technical defects should not vitiate affidavits or prevent the court from administering justice. The plaintiff's Counsel is ordered to indicate who drew the affidavits and is penalized in costs, but the affidavits are not struck out.

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• Affidavit Formality
• Preliminary Objection
• Technicalities In Procedure
• Costs Award

Yonah Mukaga v Bwire Otema (HCT-04-CV-MA-149-2008)

Yonah Mukaga v Bwire Otema (HCT-04-CV-MA-149-2008) [2011] UGHC 25 (3 March 2011)

Court

High Court of Uganda

Case number

HCT-04-CV-MA-149-2008

Judge

Musota, J

The High Court lacks jurisdiction to grant leave to appeal to the Court of Appeal in this matter because the intended appeal is a second appeal, which is a creature of statute under Section 72 of the Civil Procedure Act and does not require leave unless it is a third appeal under Section 73. The applicant failed to file a notice of appeal within the prescribed 14 days as required by the Judicature (Court of Appeal) Rules, and only the Court of Appeal has the power to extend time for filing a notice of appeal. The application was brought under the wrong legal provisions and in the wrong court.…

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• Leave To Appeal
• Extension Of Time
• Notice Of Appeal
• Jurisdiction
• Technicalities In Procedure

Samwiri Kibuuka v Eriya Lugeya Lubanga (High Court Miscellaneous Application No. 656 of 2005)

Samwiri Kibuuka v Eriya Lugeya Lubanga (High Court Miscellaneous Application No. 656 of 2005) [2005] UGCommC 56 (30 September 2005)

Court

Commercial Court of Uganda

Case number

High Court Miscellaneous Application No. 656 of 2005

The court held that while a Notice of Motion supported by affidavit is exempt from the general requirements of Order 6 rule 1(b) CPR, the affidavit in support of the application was defective because it failed to distinguish between facts based on the deponent's knowledge and those based on information and belief, as required by Order 17 rule 3(1) CPR. The absence of such distinction rendered the affidavit unreliable and insufficient to support the application. The court further held that failure to cite the enabling law in the application was a mere technicality and not fatal. However, due t…

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• Reinstatement Of Proceedings
• Affidavit Defects
• Notice Of Motion Requirements
• Technicalities In Procedure