Lawpoint Uganda

The Court observed that Article 61(1)(f) of the Constitution empowers the Electoral Commission to hear and determine election complaints arising before and during polling. In tandem, Article 64(1) of the Constitution grants a right of appeal to the High Court for any person aggrieved by a decision of the Electoral Commission made within that mandate. These constitutional provisions are operationalized by Section 15 of the Electoral Commission Act, Cap 176, which authorizes th

The court emphasized the limited remedies oppressed minorities in non-stock companies have to challenge majority decisions. Subscribing members should scrutinize carefully the 'standard' incorporation documents to prevent the scenario here. Members entering corporate partnerships must carefully review and negotiate Articles of Association, particularly voting structures, deadlock provisions, and removal procedures, before incorporation.

Courts must administer substantive justice without undue regard to technicalities." Allowing the appeal would deny voters choice and impose the Petitioner without mandate. "To allow the appeal this Court will be denying the voters of Nakawa Division West Constituency the opportunity of choosing their representative to parliament." Citing Kasangaki Diana v. Fulgensia Tumwesigye (Civil Application No. 21/2023): "substantive justice outweighs procedural technicalities, clerical

Section 4(4)(a) of the Parliamentary Elections Act, Cap 177, requiring public officers to resign at least 90 days before nomination, remains constitutionally valid despite arguments based on the Kwizera Eddie case. The Supreme Court's decision in Wasike Stephen Mugeni definitively settled that Article 80(4) and its statutory equivalent remain enforceable.

The fact that purchasers knew the developer's title derived from a PPP Agreement does not automatically mean they assumed the risk of its termination, especially where the termination resulted from the developer's own breach.

The Court found that the government had complied with the procedural requirements of the Land Acquisition Act. Unlike cases where the government ignores compensation entirely, here an award was made. A landowner cannot halt a public project simply by refusing a valuation award if a legal remedy for that valuation exists.

The Court held that claims of customary marriage or cohabitation must be expressly pleaded and strictly proved, and that the payment of dowry shortly before a church wedding may be regarded as preparatory to a formal marriage rather than evidence of a separate customary marriage.

Letters of administration or probate granted abroad must be resealed by the Ugandan High Court under the Probates (Resealing) Act (Cap 266) to have legal effect in Uganda. Failure to do so invalidates locus standi for related proceedings.

The Court held that Section 138 of the Companies Act empowers the court to intervene where it is impracticable to convene or conduct a company meeting in accordance with the Act or the Articles. “This provision gives Court jurisdiction to make orders or directions to overcome difficulties faced by a company in holding a meeting, so that its affairs can be conducted where they might otherwise be stymied.” Relying on In Re Eastern Province Bus Company (1966) EA 492, the

“Transmission of the court process with a hyperlink to the electronic document constitutes service of the filed document within the meaning of Order 5, Rule 8 of the Civil Procedure Rules and no other service on those parties is required.” “Save for a proven system failure, glitch or similar occurrence, delivery of e-service documents through ECCMIS to other registered and linked users on the respective electronic file is considered valid and effective service and has the sam

The Court noted that once a condominium plan is registered, the "mother title" is legally dissolved. "Until termination of the condominium arrangement... it is not possible to deal in the building or the land on which it is established, as a single parcel... the building as a whole does not exist as a single saleable legal interest." The Judge found that the Plaintiffs (Shumuk) could not have purchased the "entire building" because Katatumba no longer owned the units he had a

The Court rejected reliance on a social media-sourced decision: "The use of a decision got from social media (WhatsApp) to base her petition was like using the UNEB results sent via an SMS to the students. The result may be right but no institution will admit a student on the basis of those results sent by SMS. The institutions will usually insist on the official result slip issued by the awarding institution."

The High Court dismissed the appeal. It held that the Petitioner was not validly nominated because his primary academic qualification (the Mature Age Certificate) had expired under the law prior to the date of nomination. The Electoral Commission’s decision to denominate him was upheld.

This judgment reinforces that financial institutions cannot make representations inducing reliance without accepting liability for consequent losses. The doctrine of estoppel operates to protect commercial parties who reasonably rely on bank undertakings, even where formal loan agreements are not concluded. The case serves as a reminder of the binding nature of informal commitments in commercial transactions and the substantial damages that can flow from breach.

The Court stated that the appellant erased section 110 defence of the evidence by introducing a new cause of action by asserting a marriage gift. court further observed that permissive occupation (licence) negates the animus possidendi essential for adverse possession. a licence by law does not confer title. court sought that the process to dispose of the suit was to open an administration cause. Ground 1 failed and ground 2 was upheld. the appeal partially succeeded

The Court observed that Local Council officials do not enjoy immunity when they act outside the scope of the Local Councils Courts Act. Distributing land without a court order is a "wrongful act" that attracts personal liability. Moreover, A "cause of action" is determined at the pleading stage by looking at the facts alleged. Whether those facts are actually proved is a matter for the trial, not a ground to strike out a plaint at the start.

The Court reaffirmed the legal nature of a kibanja, quoting Owembabazi Enid v GT Bank Ltd: “A kibanja is a form of land holding… characterised by user rights and ownership of developments on land in perpetuity…” Applying sections 101–103 of the Evidence Act, the Court held that the respondent discharged her burden by proving purchase, payment, possession, and boundary demarcation.

The Court reaffirmed the settled distinction between appeal and review: “The power to review is not an appeal in disguise… A distinction is drawn between an erroneous decision and an error apparent on the face of the record.” An error apparent is one: “Which stares one in the face without any elaborate argument being needed for establishing it.”

The court reiterated that “An appeal can only be determined upon parties arguing the grounds framed for the appeal by pointing out a party’s disagreement with the decision of the lower trial court before the appellate court.” The court further held that failure to file submissions renders an appeal a “non-starter”, justifying dismissal under Order XLIII Rule 31(2) of the Civil Procedure Rules.

The Court observed that the issuance of a lease by government authorities does not automatically extinguish pre-existing customary ownership rights, particularly where proper procedures were not followed in the lease application process.

The Court held that the land was permanently gifted inter vivos to the appellant's uncle in 1965, evidenced by over 50 years of exclusive possession and use by the donee, his widow, and the appellant. The respondent failed to prove temporary donation or reversion.

For an employer to be held liable for an employee's salary-dependent loan post-termination, the employee must provide the relevant loan documents to establish the necessary legal nexus in Court. Furthermore, the claim must be properly referred to the Industrial Court for determination.

The Court noted that the Plaintiff’s own demand letter dated 21 September 2023 (PEX.2) indicated that only UGX 98,050,000 was outstanding at that time. After the UGX 30,000,000 payment, the balance dropped to UGX 68,050,000; however, a new LPO for 10 tons was issued and supplied, restoring the outstanding balance to UGX 105,050,000.

If the injunction were granted, the Respondent would lose access to a property she has managed for years, along with the benefit of her substantial personal involvement and the protective value of the asset securing the joint loan, exposing her to loss that may not be easily reversed.