Export Trading Company Limited v OBN Produce & Supply Company Limited (Miscellaneous Application 1871 of 2024) [2025] UGCommC 34 (12 March 2025)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 1871 of 2024
Judge
Ocaya, J
The court struck out the respondent’s defence as late and evasive, entered default judgment for the applicant, and ordered the suit to proceed to formal proof.
Wasige Wamudanya V Adidwa and Another (Election Petition Appeal No. 5 of 2021) [2022] UGCA 153 (20 May 2022)
Court
Court of Appeal of Uganda
Case number
Election Petition Appeal No. 5 of 2021
Judge
Kiryabwire, JA, Musota, JA, Gashirabake, JA
The Court of Appeal held that the trial judge exercised his discretion judiciously in refusing the amendment to the petition. The court found that the strict timelines and procedural requirements governing election petitions under the Parliamentary Elections Act and the relevant rules are intended to ensure diligence and avoid delays. Allowing the amendment would have resulted in a new petition outside the statutory time limit, fundamentally altering the cause of action and prejudicing the respondents. The court agreed that the Civil Procedure Rules may be applied to fill gaps in electoral pr…
Gukiina v Tebajanga & 3 Others (Civil Reference 63 of 2021; Civil Reference 64 of 2021) [2022] UGSC 15 (14 February 2022)
Court
Supreme Court of Uganda
Case number
Civil Reference 63 of 2021 ; Civil Reference 64 of 2021
Judge
Tuhaise, JSC
The Supreme Court overruled preliminary objections to two consolidated taxation references, holding the applications were timely and service defects were technical.
Bukenya and Ors v Magara (H.C.Miscellaneous Application No. 392 of 2019) [2021] UGCommC 103 (3 February 2021)
Court
Commercial Court of Uganda
Case number
H.C.Miscellaneous Application No. 392 of 2019
Judge
Gaswaga, J
The court found that the applicants, as judgment holders, were deliberately excluded from the relevant applications by the respondent, who failed to serve them despite being aware of their interest. The respondent's purported affidavit in reply was filed in the wrong division, which the court deemed negligent rather than a mere mistake. The respondent failed to show sufficient cause for not filing a proper affidavit in reply within the prescribed time limits. Applying the principle that unchallenged affidavit evidence is presumed admitted, and that procedural rules regarding service and filin…
Kabagambe v Kahiire (Civil Suit No. 389 of 2016) [2020] UGHCLD 19 (15 October 2020)
Court
HC: Land Division (Uganda)
Case number
Civil Suit No. 389 of 2016
Judge
Nkonge, J
The High Court rejected a preliminary objection to an amended defence and counterclaim, allowing the pleadings despite late filing and highlighting defects.
Kalungi v Nalumansi and Anor (Election Appeal No. 1 of 2016) [2017] UGHCEP 5 (26 September 2017)
Court
Election Petitions of Uganda
Case number
Election Appeal No. 1 of 2016
The High Court dismissed an election appeal as incompetent for being filed and served out of time, holding that election petition appeal rules applied.
Rugumba v Secretary General of the East African Community and Another [2011] EACJ 60 (30 November 2011) (First Instance Division)
Court
East African Court of Justice
Judge
Arach-Amoko JA, Lenaola JA, Mkwawa JA
The East African Court of Justice held that it has jurisdiction to interpret the Treaty, including Articles 6(d) and 7(2), where the conduct of a Partner State is alleged to breach principles of good governance and the rule of law, even if human rights issues are involved. The Applicant, as a resident of a Partner State, had locus standi to bring the Reference. The Reference was not time-barred because the unlawful detention was a continuous act, and the limitation period did not apply strictly. The Applicant was not required to exhaust local remedies in Rwanda before filing the Reference, as…
