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This blog does not contain legal advice. The legal information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based on such information, we encourage you to consult with the appropriate professionals. Authors are liable for any plagiarism and Lawpoint Uganda won`t have liability towards the same.


High Court Says Validation of Hearing Dates on ECCMIS Amounts to Effective Service Unless System Failure Is Proven
“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

Waboga David
Dec 27, 20253 min read


High Court Dismisses Parliamentary Election Petition, Holds That Electoral Commission Decisions Sourced from Social Media Cannot Found Valid Petitions and Reaffirms Strict Compliance with the Five-Day
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."

Waboga David
Dec 23, 20255 min read


High Court Upholds Electoral Commission’s Power to Denominate Candidates with Expired Academic Qualifications
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.

Waboga David
Dec 21, 20256 min read


High Court at Kabale Holds That Occupation of Land as a “Caretaker” (Licensee) Negates the Intent to Possess (animus possidendi) Required for Adverse Possession
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

SSALI JUNIOR JOHN NDIGEJJERAWA KIGONGO
Dec 18, 20255 min read


High Court at Kabale Holds LC I Chairperson Personally Liable for Unlawful Distribution of Private Land.
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.

Waboga David
Dec 17, 20255 min read


High Court at Mpigi Reaffirms Principles on Kibanja Land Ownership, Proper Use of Locus in Quo in Judicial Proceedings, and When Courts May Deny Costs to Successful Parties
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.

James Mukisa
Dec 16, 20258 min read


Non-financial Contribution by Employees, Without Evidence of Common Intention, Cannot Ground a Constructive Trust. Court of Appeal Clarifies the Limits of Judicial Review and Constructive Trust Claims
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.”

Waboga David
Dec 14, 20258 min read


“Failure to Prosecute an Appeal Cause-Listed for Hearing Leads to Dismissal.” High Court at Kale Rules.
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.

Waboga David
Dec 13, 20256 min read


Registered Ownership Alone Is Insufficient for Injunctive Relief: High Court at Luwero Dismisses Applications in the Face of Demonstrated Equitable Interests and Actual Possession
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.

Waboga David
Dec 8, 20254 min read


An administrator who filed a suit while the grant was still valid retains locus standi to pursue all consequential proceedings, including appeals, notwithstanding the later expiry of the letters.
Letters of administration remain valid for two years, However, any suit instituted during their valid life remains valid throughout, including on appeal. Expiry does not extinguish locus standi for proceedings already commenced.

Waboga David
Dec 5, 20257 min read


A Reconciliation Agreement or Consent Entered Before an LC1 Court, Being a Court of Competent Jurisdiction, is Binding Under Section 31 (1) of the LCC Act and Unappealable, High Court at Kabale Rules
The Court observed that Reconciliation agreements recorded before an LC1 Court amount to consent judgments, which are final and unappealable under Section 31(1) of the Local Council Courts Act.They may only be set aside on the narrow grounds of fraud, mistake, or misrepresentation, which must be specifically pleaded and strictly proved.

Waboga David
Dec 3, 20256 min read


A mortgage used as security does not automatically transfer ownership, but failure to redeem within the statutory period extinguishes redemption rights. High Court at Mbale Rules
Actions for redemption of mortgaged land must be commenced within twelve (12) years from the date the cause of action accrues. The Court further clarified that limitation extinguishes not only the remedy but the right itself in actions for recovery or redemption of land.

Waboga David
Dec 2, 20257 min read


A claim for unjust enrichment does not require the existence of a contract. What matters is that, money was received, no corresponding benefit was provided, and retention of the money was unjust.
It was held in the case of Uganda Farmers Meat Co. Limited Vs Fresh Cuts Uganda Ltd (supra) that the burden of proving that equity and good conscience does not demand a refund devolves upon the Defendant who offers such a defence to the claim of the creditor. That it is settled law that once the Plaintiff makes out a prima facie case in his favour, the evidential burden shifts to the Defendant to controvert the Plaintiff’s prima facie case; otherwise, judgment must be entered

Waboga David
Dec 1, 20256 min read


High Court Rejects Application to Set Aside Default Judgment, Finding Counsel Negligent Despite ECCMIS Notifications
To set aside a decree under Order 36 Rule 11, the Applicant must demonstrate "any other good cause." Claiming a mere oversight or a notification delay, especially when contradicted by reliable system evidence, does not meet this threshold.

Waboga David
Nov 28, 20255 min read


“When You Institute a Suit, You Don’t Go to Sleep: High Court Reinforces Mandatory Compliance with Procedural Rules”
“The 28 days within which the Plaintiff was supposed to take out summons for directions have since elapsed. Therefore, the Plaintiff did not comply with the mandatory provision of Order 11A, Rule 1 (2) of the Civil Procedure Rules.”

Waboga David
Nov 22, 20253 min read


High Court at Mbale Clarifies That Foreign Development Agencies Are Not Automatically Immune From Suit, and That Improper Service Cannot Be Alleged Where Service Is Admitted and Acknowledged
"The catch phrase under Section 290h-4 (a) (1) & (2) of the USADF ACT /ADF ACT U.S Code Title 22, Chapter 71, is that the African Development Foundation, as a body corporate, can sue or be sued in any court of competent jurisdiction. My understanding of this provision is that, the use of the words 'any court of competent jurisdiction' in the enactment provision which establishes the African Development Foundation is a symbolisation of an expression of lack of restriction in f

Waboga David
Nov 15, 20257 min read


“Illiterates often lack familiarity with legal procedures Our court system remains the only safeguard.” High Court at Kabale Allows Enlargement of Time for Filing Appeal Despite Five-Year Delay
The Court reiterated that in applications for enlargement of time, the decisive consideration is whether the litigant has taken affirmative steps to correct procedural mistakes and actively pursue their rights. Courts must assess whether parties or their advocates have demonstrated diligence in curing defects. Ultimately, the Court underscored that the judicial system exists to safeguard the rule of law and prevent conflicts,especially in land matters within the Kabale circui

Waboga David
Nov 14, 20256 min read


The High Court’s power of revision under Section 83 of the Civil Procedure Act is restricted to correcting jurisdictional errors and material irregularities; it cannot serve as an appeal in disguise.
Revision is not a substitute for appeal or review. It targets only jurisdictional excesses or material irregularities causing "failure of justice." Mere evidentiary defects (e.g., affidavit authorization) do not suffice unless they vitiate the court's power to act. Litigants should prioritize appeals for such issues to avoid summary dismissal.

Waboga David
Nov 12, 20255 min read


“The use of the word ‘shall’ in the Civil Procedure Rules connotes that compliance is mandatory.” High Court of Uganda Clarifies Effect of Non-Compliance under Order 11A of the Civil Procedure Rules
The Court emphasized that compliance with Order 11A, Rule 1(2) of the Civil Procedure Rules is mandatory. The Rule stipulates that where a plaint has been filed, the plaintiff must take out summons for directions within twenty-eight (28) days from the date of the last reply or rejoinder.

Waboga David
Nov 8, 20253 min read


Once a party to a matrimonial dispute dies, the cause of action based on marriage or matrimonial property becomes untenable. Claims must thereafter be pursued through succession proceedings, not civil
The Court faulted the trial magistrate for ignoring succession law during the locus visit, where the record (p. 18) shows counsel noting: "Bikangiso: When we went to locus, this court advised that since the defendant died, there was need to appoint an administrator to see whether the 1st defendant left properties to this estate and also to see whether this matter can be settled out of court." The Court proceeded "on an impermissible error," as "the correct law for resolution

Waboga David
Nov 7, 20254 min read


Courts will not interfere with expert valuations in matrimonial or property disputes absent of a “manifest error”: High Court at Wakiso overrules application for review of valuation report.
“Mathematical precision and exactitude are not attributes of property valuation; at best, valuation is an opinion based on technical expertise and prevailing market factors.”

Waboga David
Nov 7, 20254 min read


“A successful litigant against the Government can only enforce judgment through a certificate of order, not attachment or execution under Section 38 CPA.” Reaffirms the Court of Appeal of Uganda
Once a judgment is entered, the trial court cannot revisit it except through review or appeal: “The general principle is that as soon as a judgment or order is pronounced, the court becomes functus officio.”

Waboga David
Nov 5, 20255 min read


“A preliminary objection may arise from factual omissions or circumstances that render further proceedings unnecessary—not merely from pure questions of law.” Clarifies the High Court at Kabale.
The Court rejected the plaintiff's narrow view that objections must be purely points of law, noting: "In short, the argument by the plaintiff, that a preliminary objection must be purely on a point of law, doesn't hold water. What would be the fate of a catch all of objections? A point of law may arise from a factual omission... A better categorization of a preliminary objection is whether it goes to the root of the cause of action or is a diversion from considering the suit

Waboga David
Oct 27, 20255 min read


“While the Plaintiff Lacked Locus Standi, the Defendant’s Failure to File an Inventory Justified Revocation of Letters of Administration — High Court at Kampala Rules”
Whereas the plaintiff lacks locus standi, the same does not justify the defendant’s inability to fulfill his obligations... failure to file an inventory is a just cause for revocation... the filing of an inventory is a court order premised on the wording of the grant, the breach of which is punishable... In the premises, it is my considered opinion that just cause has been furnished to warrant the revocation of the letters of administration.”

Waboga David
Oct 25, 20255 min read
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