25 Jul 2025
Commercial Court of Uganda judgment in Simbamanyo Estates Ltd v Equity Bank (U) Ltd and Others, Civil Suit No. 198 of 2020, decided on 25 July 2025, reported as [2025] UGCommC 221.
25 Jul 2025
The court found that the applicant satisfied all requirements for an exparte interim injunction: there is a pending substantive application scheduled for hearing, the matter is urgent as the delegates conference is imminent, and there is a real threat that cannot be eliminated by an expeditious hearing. The applicant acted in good faith and without delay. Exceptional circumstances exist, justifying the grant of an exparte interim order to restrain the respondents from convening the delegates conference until the main application is heard. The order is limited to three days to preserve the sta…
23 Jul 2025
The court found that the applicants had complied with procedural requirements by first seeking a stay in the High Court. The appeal raised serious and arguable questions of law and fact, including fraud, principles of bonafide purchase, powers of the commissioner for land registration, and the quantum of damages. The applicants demonstrated that they would suffer irreparable harm if evicted, as the land is their home and sole source of livelihood, and the harm could not be adequately compensated by damages. The balance of convenience favored the applicants, who would suffer most if the applic…
21 Jul 2025
The Court of Appeal found that the complaint before the Commissioner Land Registration was based on allegations of fraud against Mayombwe Muhamudu in the acquisition and transfer of the suit land. According to established legal principles, the Registrar of Titles does not have jurisdiction to adjudicate matters involving fraud; such matters must be determined by the High Court where evidence can be properly tested. The Registrar's cancellation of the Appellant's title, without providing adequate reasons and without a complaint specifically against her title, was procedurally improper and viol…
21 Jul 2025
Court of Appeal of Uganda judgment in Jalia Naiga v Issa Ssekabira, cited as [2025] UGCA 239. The provided extraction lacks the judgment text.
21 Jul 2025
Missing trial record delayed criminal appeal for over 12 years; fair hearing right violated, discrimination claim dismissed, appeal ordered for urgent hearing.
21 Jul 2025
Second appeal struck out as incompetent because the grounds were vague and factual, contrary to the rules and limits on second appeals.
18 Jul 2025
The Court of Appeal held that the respondent's affidavit in reply was competent, as the deponent was not in personal conduct of the case and was privy to relevant facts, and a valid practicing certificate was on record. The court found that the application disclosed serious questions of law and fact, particularly regarding the propriety of the Notice of Appeal and the extension of time, which merited consideration by the Supreme Court. The court emphasized that it was not the forum to reassess the merits of the underlying appeal but to determine whether the intended appeal was arguable and no…
18 Jul 2025
Court of Appeal of Uganda judgment in Civil Appeal No. 239 of 2020, Registered Trustees of East Ankole Diocese Kagaga C.O.U v Rukaga Gabriel and Others.
18 Jul 2025
Second appeal over disputed kibanja land: Court upheld trespass finding, rejected limitation defence, and dismissed the appeal with costs.