FIRM E1

CIVIL LITIGATION

WEEK THREE
WORKSHOP 1
 TASK 1
GROUP 1

WEEK THREE
WORKSHOP 1
 Group 1 - Problem 1

BRIEF FACTS

• In 2020, Cleanex Uganda Ltd entered into a contract with

United National Population Fund (Uganda) vide Contract No.
UNFPA/UGA/SC/20/40 for provision of office cleaning and
maintenance in the year 2020.
• However, the date payment of UGX 38,000,000 of the cleaning
services have not been made.
• He tells you that he is open to negotiation so as to save the
relationship, the contract is silent on how to deal with any
breach of terms of the contract.
 Law
LawApplicable
Applicable

• The Constitution of the Republic of Uganda, 1995 as amended.

• The Civil Procedure Act, Cap 71.
• The Civil Procedure (Amendment) Rules S.I No 35 of 2019
• The Advocates (Professional Conduct Regulation S.1 267).
Issues

• Whether the facts disclose any cause(s) of action?

• Who are the possible parties disclosed by the facts?
• Whether there is any additional information required to
effectively handle matters?
 Law Applicable
Cause of Action

Elements of Cause of Action

 Auto Garage V Motokov

• That the plaintiff enjoyed a right
• That the right was violated and
• That the defendant is liable.
 Law Applicable
Issue 1

Whether the Facts disclose any Cause(s) of Action.

• Order 7 rule 1 a plaint must consist of facts with a cause of
action.
• To determine what constitutes a cause of action, requirements
set out in the case of Auto Garage v Motokov (No.3) [1971] EA
514 must be satisfied by the defendant.
• Fred Musisi’s facts Disclose breach of contract - Ronald
Kasibante v Shell Uganda Ltd H.C.C.S No.542 of 2006
• breach of contract requirements - George.W.Kakoma V The
Attorney General (Civil Suit No. 197 of 2008),
 Law Applicable
Issue 2

Who are the possible parties disclosed by the facts?

• The law regulating parties is Order 1

• The general rule is found in Dr Kiiza Besigye & others v DPP AG
Const pet no. 12
• The plaintiff is Cleanex Uganda and the defendant is
• United National Population Fund (Uganda).
 Law Applicable
Issue 2

Who are the possible parties disclosed by the facts?

• The law regulating parties is Order 1

• The general rule is found in Dr Kiiza Besigye & others v DPP AG
Const pet no. 12
• The plaintiff is Cleanex Uganda and the defendant is
• United National Population Fund (Uganda).
 Law Applicable
Issue 3

Who are the possible parties disclosed by the facts?

• The certificate Registration of Cleanex Uganda Ltd.

• A copy of the contract.
• A copy or copies of invoices if any.
• Permanent address of United National Population Fund
(Uganda).
 Problem 2

LawBrief
Applicable
Facts

• Paddy Tumusiime and Caroline Nyakato Tumusiime are both

registered on approximately 5.5 acres of land on which they
have permanent homes for settlement and carry out economic
activities
• Their enjoyment of this land has been infringed on by Jacobsen
Elekro (U) Ltd, a licensee to the Electricity Regulatory Authority,
• constructed and installed a power generating station adjacent
and neighboring their operations/activities, causing harm,
injury and damage to their property.
 Issues

1. Whether the facts disclose private nuisance as a cause of action?

2. Who are the parties disclosed by the facts?
3. What additional information is necessary?
Law Applicable

• The Constitution of the Republic of Uganda

• The Civil Procedure Rules No 71-1
• The Evidence Act, Cap 6
• The Electricity Amendment Act, Cap 145
• The Electricity (Amendment) Act, 2022
• The Standardized Complaints Handling Guidelines for the Electricity Supply
• Industry, 2021
• The Electricity Disputes Tribunal (Procedure) Rules, 2012
 Problem 2

Issue 1

Disclosed cause of action - Private Nuisance

• Nuisance definition - Lukanga v JuukoCivil Appeal No.42 of 2016,
• Requirements for private nuisance - Halsey v Esso Petroleum Co ltd
• [1961] 2 All ER 145;
• action for private nuisance, of Hunter v Canary Wharf ltd [1997] UKHL 14.

Issue 2

• Order 1 Rule 1 of the CPR provides for the joining of persons in one suit as plaintiffs
• a party authorized or required by law to execute public works. (Section 67(9) of the
Electricity Act, Section 1 of the Land Act).
• Damage compensation - (Section 73(3) of the Land Act).
• Under section 109 (1) of The Electricity Act, the Electricity Tribunal has jurisdiction
• to hear and determine all matters referred to it relating to electricity sector
 Issues 3 – Additional Information

• Additional Information
• Paddy and CarolineLand Title
• Paddy and Caroline agreement with Jacobsen Elekro (U)
• Ltd
• value of the damage caused to the complainants?
• evidence to prove that the activities of Jacobsen Elekro (U) Ltd
• (Section 101 of the Evidence Act- he
• who alleges must prove)
• witnesses to ascertain the nuisance occasioned by the
• Jacobsen?
• vi) Can the complaints produce the NEMA report?
• vii) Cevidence of the complaint they filed with
• Jacobsen Elekro (U) Ltd?
• viii) What remedies are the Complainants interested in?
 Problem 3
Brief Facts

• Bushland Limited Company jointly owned by Jackson Kush and Paul Kush
owns a Bushland mall.
• The mall accommodates 800 persons as authorized by the police
• On 31st December 2022 a show was organized at bushland mall which
attracted 1500
• A stampede happened at the time of exit resulting in the death of 27 people
• Unfortunately, Joseph Saida the husband, and Jackie were among the dead.
• Samantha broke her hip bone and underwent bone replacement surgery and
incurred a bill of 196,903.43 South African rand.
 Issues

• Whether there are any causes of action disclosed by the facts.

• Who are the parties from the facts disclosed?
• Whether there is any additional information required in handling the matter.

Law Applicable

• Civil Procedure Rules No 71-7

• The Law Reform (Miscellaneous provisions) Act Cap 79
 Issue1 – Causes of Action

Negligence.
• Ingredients of Negligence in the case of Donoghue v Stevenson (1932) AC
562

Death Caused by Negligence

• Section 5 of the Law Reform (Miscellaneous Provisions) Act Cap. 79
provides for the cause of wrongful death.
• Motor Spares Ltd V Y.V. Phadke and 2 Ors Civil Appeal No. 23 of 1968,
EACA 1968 11 - ingredients for one to prove of wrongful death
 Issue 2 – possible parties
• Kakooza Mutale v Attorney General and Ors 2001-2005 HCB 110 –
definition of a legal person.
• Natural persons have the capacity to sue and be sued as per the case above
• A corporate body can sue and be sued as held in Salmon v Salmon & Co. Ltd
[1897] AC 22.
• Order 1, Rule 1 of the Civil Procedure Rules S.I. 71 stipulates that
• persons may joined as plaintiffs
• Importance of Joinder Parties - Ally Route Ltd V Uganda Development Bank
Ltd HCMA NO.459/2007-unreported.
• Order 2 rule 4 of the Civil Procedure Rules provides that a plaintiff may unite
in the same suit several causes of action
 Issue 3 – Additional Information

• Marriage certificate for proof of marriage between Barbara Saida

• and joseph Saida.
• Death certificates of the two deceased persons.
• Birth certificate from Barbara Saida
• Tickets to the show and proof of payment
• receipts that prove that Samantha
 Problem 4
Issue 3 – Brief Facts
• Solomon Bwambale is a District Commercial Officer who explains that during
a meeting attended by 1000 people both James Rwakachuchu and
Ahimbisibwe Jameson uttered of and concerning him, false allegations that
he was a thief .
• Before the meeting, Jameson informed James that Solomon had stolen a
sum of money from the PDMF and James repeated this accusation in the
meeting.
• Unfortunately, Ahimbisibwe Jameson passed but his wife was granted with
letters of administration.
• Bwambale disturbed by the utterances and thus seeks legal advice.
 Problem 4
ISSUES
• What is the cause of action disclosed by the facts?
• Who are the possible parties to the suit?
• 3. What additional information would be required from the client?
Law Applicable
• The Constitution of the Republic of Uganda 1995, as amended 
• The Civil Procedure Rules S.I 71-1  Case Law
 Problem 4
Resolution
• Angwee Kalanga v Odong Milton & Anor civil suit No. 65 of 2011;
• definition of defamatory utterances
• Slander and libel defamation.
• Abatting of the suit

Additional Information
• It is important to ascertain whether the allegations made by James and
Jameson were malicious.
 Problem 4
Resolution
• Angwee Kalanga v Odong Milton & Anor civil suit No. 65 of 2011;
• definition of defamatory utterances
• Slander and libel defamation.
• Abatting of the suit

Additional Information
• It is important to ascertain whether the allegations made by James and
Jameson were malicious.
 Problem 5
Brief facts
• Musiime Ryan, Okello Abdul, Solomon Waiswa and 53 others were
employees of the Muyonjjo Personal Care Products Ltd until the 10th of
February 2022 when they were summarily dismissed from duty.
• They were summoned before the disciplinary committee .
• Pursuant to the disciplinary committee decision, they were summarily
dismissed on grounds that they conducted themselves illegally and failure to
obey lawful orders.
They were all availed with letters of summ They lodged their compliant and the
same was heard before the labour officer at KCCA in March 2022 but to this
date no ruling has ever been delivered.
 Problem 5
Issues
1. Whether there is a cause(s) of action disclosed by the facts?
2. Who are the possible parties?
3. Whether there is additional information that should be obtained?
LAW APPLICABLE
1. The Constitution of the Republic of Uganda, 1995 as Amended 2.
The Civil Procedure Act Cap 71 3.
The Civil Procedure Rules SI No. 71-1 4.
The Employment Act, 2006 5.
The Employment (Amendment) Act of 2022
6. Labour Disputes (Arbitration and settlement) Act, 2006.
7. Labour Disputes (Arbitration and settlement) (Industrial Court Procedure)
rules, 2012 8.
Case law
 Problem 5
Additional information
• 1. Their Employment Contracts.
• 2. The Human Resource regulatory instrument if any, either a Human
Resource manual, Policies, Procedures or Standing Orders.
• 3. The details, signatures and Consent of the remaining 53 employees should
be obtained.
• 4. The following should also be ascertained:
• Whether the employees were given notice prior to the summary dismissal.
• Whether there was an investigation before dismissing the employees on
allegations of illegal and failure to obey lawful orders.
• Whether the employees were given a right to represent themselves in the
meeting.
 TASK TWO
RESLOUTION OF ISSUES
1.What
remedies are available to the parties.
CLEANEX UG. LTD V UNPF UGANDA
The general rule is the power to award remedies is a creature of the statute
created under Article 126(1)(C) Constitution of the Republic of Uganda, 1995
as amended that the court shall in adjucation of cases award adequate
compensation to victims of wrong.
Ref:
 section 98 of the Civil Procedure Act Cap 71
 section 33 of the Judicature Act Cap 13
Having ascertained the cause of action which is breach of contract, the available
remedy is recovery of the money. However, in relation to the facts, the plaintiff
wants to maintain the business relationship with his client and thus seeks an
alternative method of resolve the dispute. Negotitian is would be the best
remedy in solving Cleanex Uganda (U) griavance
 CONDITION & PROCEDURE
Conditions to satisfy mediation
 The Contract that was signed between the parties as evidence of the
agreement.
 The Consent of the parties to undergo negotiation
 The consent of parties to undergo negotiation
The Procedure include:
 Preparatiin phase
This involves writing an invitation letter to the defendant inviting him or
her for negations
When the parties consent, invite the parties to get information that will help
you develop a good negotiating plan
 Intention phase
Each party comes with the real facts of their case and main issues to the
case. Parties agree on what negotiate during negotiations
 Bargaining phase
This involves persuasion of both to accept offers and counter offers by
either parties. Parties influence each other to the agreement
 Concluding phase
Previous agreements are reviewed and exchanged for modification and
agree to reduce the agreement into writing
2. PADDY TUMUSIIME AND ANOR V JACOBSEN
ELEKRO (U) LTD
According to Section 67(3) of the Electricity Act, the aggrieved party is
entitled to a compensation for the harm suffered and damage caused by the
negligent and acts of nuisance by the respondent.
The remedy would be

REMEDIES
 General Damages.
According to case law, in Kabandize & 21 Ors Vs Kampala Capital City
Authority (Civil Appeal No.36 of 2016) [2019] UGCA 48 court held that
the general rule regarding award of general damages was that the award
was such a sum that would put the person who had been injured as
adjudged by court in the same position as he/she would have been had he
not sustained the wrong for which he/she was getting compensation.
In Maruri Venkata Bhaskar Reddy and 2 Ors V Bank of India (Uganda)
Ltd (Civil Suit No. 804 Of 2014) held that in the assessment of general
damages, the court should be guided by the value of the subject matter, the
economic inconvenience that the plaintiff may have been put through and
the nature and extent of the injury suffered. Therefore, Paddy Tumusiime &
Caroline Nyakato Tumusiime can receive general damages as remedies
available for them due the losses caused by Jacobsen Alekro (U) LTD
 Injunction.
 This is a remedy which is necessarily to stop Jacobsen Elekro (U) LTD
from continuing with its actions that are affecting the plaintiffs. There
must be a prima facie case capable of succeeding against the defendant
for the plaintiff to be granted a remedy of injunction.
 Under Order 41 Rule 2 of the Civil Procedure Rules provide that in a
suit stopping the defendant from the continual breach of the plaintiff’s
right, the plaintiff has the ability to file to court to obtain the remedy of
injunction which saves his or her from the wrongful actions of the
defendant.
Therefore, from the facts given the plaintiffs (Paddy Tumusiime & Caroline
Nyakato) have a right to file to court for a remedy of injunction to stop
Jacobsen Elekro’s actions that are affection them.

Conditions to satisfy
grant of the remedy.
• Section 67(3) of the Electricity
Act, a licensee has an
obligation/duty to do as little
damage to the land and to ensure
prompt and fair compensation of
all interested persons for damages
or loss sustained by reason of
exercise of their powers under
this law.
• Therefore, failure by the licensee,
Jacobsen Elekro (U) Ltd to
ensure minimal damage to the
land of the complaints is a
prerequisite to compensate them
fairly and promptly.
CONDITION & PROCEDURE
Procedure.
 According to Section 70(1) of
the Electricity Act, the aggrieved
party, Paddy Tumusiime should
proceed to Electricity Regulatory
Authority to lodge a complaint.
In the case of Nansubuga Nadia
v Uganda Electricity
Transmission Company Ltd,
C.S no. 1013 of 2018, court held
that the plaintiff had addressed
the matter to the wrong forum
and thus should have addressed it
to the Electricity Disputes
Tribunal.
 Further, Section 70(3) of the
Electricity Act, provides that an
aggrieved party shall lodge a
complaint to the Electricity
Disputes Tribunal by way of
appeal from the decision of the
Electricity Regulatory Authority.
3. Barbra Saida and Anor v Bushland.
Negligence and Death as a cause of action will be enable the grant of a remedy
for the aggrieved party
In the case of Asiimwe v Maracha (HCT 102 of 2018) [2019] UGHCCD 204,
Justice Margaret Mutonyi held that in cases of Negligence, a party entitled to
any remedy in terms of damages usually gets two types of damages; Special
damages that are compensatory in nature which refers to economic losses such
as loss of earnings, damage to property, medical expenses, and general damages
for pain, suffering, and emotional stress.
 For Death as a cause of action, Section 5 of the Law Reform Misc.
Provisions Act provides that the person who would have been liable if death
had not ensued shall be liable to an action for damages thus meaning that
Barbra Saida is entitled to damages as remedy for the death of his husband
and child.
 Section 6 (2) of the Law Reform (Miscellaneous) Act prescribes damages
that may be recoverable. Court in Otim v Nsereko & Anor (HCCS 275 of
2014) [2017] UGHCCD 106 held that these are damages that are
proportionate to the injury resulting from the death. These damages have
been interpreted by precedents to mean the reasonable pecuniary
expectation by the relatives of the deceased.
 REMEDIES
 Damages.
According to section 10 Law Reforms (Miscellaneous) Act Cap 79 it provides
that Damages may be awarded in respect of the funeral expenses of the deceased
person if such expenses have been incurred by the parties for whose benefit the
action is brought. Therefore, Barbra Saida can receive such damages provided
for the loss of her children (Joseph Saida & Jackie).
 Special damages.
These are damages that require the party alleging to prove that he or she suffered
a specific identified loss hence a need to be given a remedy in a mechanized
special way. According to Uganda Electricity Board vs G.W. Musoke (CA No.
30 of 1993), the respondent’s son was electrified with electric cables negligently
left lying on the ground in lugazi. The respondent filed a suit on behalf of his
family for his son’s loss under The Law Reform Miscellaneous Provisions)
Act Cap 79 court awarded special damages to the respondent’s family members
for funeral expenses and general damages for loss of expectation of life of the
deceased
 CODITIONS & PROCEDURE
Conditions for granting the remedies
 Per the case of Asiimwe v Maracha (Supra) held that; Special damages
being compensatory, the Plaintiff has the burden to adduce evidence proving
them. In a case where medical expenses are incurred, the plaintiff has the
duty to produce receipts of payment for the medical services if they were not
free. And if there is loss of earnings, the Plaintiff must adduce evidence of
the lost earnings.
 On the other hand, general damages are non-monetary although awarded in
monetary form for injuries suffered such as pain, suffering, and inability to
perform certain functions or for breach of contract. They don’t have to be
specifically pleaded and proved. They are awarded at the discretion of the
Judge who is guided by the extent of the injury or damage done which
assessment is based on the facts of the case.
Procedure for obtaining the remedies
Notice of intention to sue pursuant to Rule 39 of the Advocates (Remuneration
and Taxation of Costs) Rules and Wambuga v Public Service Commission
(1997) E.A 29 in which court held that an intention to sue must be served in all
cases unless the plaintiff's interests are to be harmed by it.
An ordinary plaint as provided under Order 4, r.1, O.6 r.2 & O.7 r.1 of the
CPR could be used to obtain the remedy.
4. BWABALE SOLOMON VS RWAKACHUCHU
JAMES
The cause of action in this matter is cause of action and it is subject to the
plaintiff to prove the veracity of the slanderous word. Ref section 100-103 of
the Evidence Act Cap 6

REMIDIES
Remedies available
Slanderous statements imputing a criminal offence entitle the plaintiff to an
award of General damages.
The successful party in a defamation suit is entitled to recover general
damages such as will compensate him/her for the wrong he/she has suffered.
In assessing the appropriate damages for injury to reputation the most
important factor is the gravity of the libel or slander, and extent of
publication. Damages are aimed at vindicating the plaintiff’s reputation and
status especially where no apology or retraction is offered..
 CONDITIONS & PROCEDURE
Conditions for granting
the remedies
General damages are to be
determined and quantified,
depending upon various factors and
circumstances. Those factors are
 the gravity of allegation,
 the size and influence of the
circulation,
 the effect of publication,
 the extent and nature of
claimant’s reputation
 the behavior of defendant and
plaintiff.
Procedure for obtaining
the remedies
 Notice of intention in accordance
to Rule 39 of the Advocates
(Renumeration and Taxation of
Costs) Rules and Wambuga v
Public Service Commission
(1997) E.A 29 in which court
held that an intention to sue must
be served in all cases unless the
plaintiff's interests are to be
harmed by it.
 And one proceeds by way of
ordinary plaint under Order 4 of
the CPR.
MUSIIME RYAN, OLELLO ABDUL & SOLOMON
WAISWA VS JACOBSEN ELEKRO (U) LTD
The available remedy for the plaintiffs would be:-
 compensation as provided for under S.69 of the Employment Act 2006

CONDITIONS & PROCEDURE

Conditions for granting the remedies
Employer’s failure to furnish notice prior to the dismissal
Failure to conduct a fair hearing.
Award of general damages in court’s disapproval of the employer’s conduct in
terminating the services of the employee.
Procedure for obtaining the remedies
 Notice of intention per Rule 39 of the Advocates (Renumeration and Taxation
of Costs) Rules and Wambuga v Public Service Commission (1997) E.A 29
in which court held that an intention to sue must be served in all cases unless
the plaintiff’s interests are to be harmed by it.
In labor disputes the High court will decline its jurisdiction for the labor officer
and industrial court to make decisions. The labor officer is provided. Section 93
of the Employment Act 2006 confers primary jurisdiction for enforcement under
the act to the labor officer.
 Where the labor officer renders a decision or may refer the claim to the
industrial court which is established under section 13 of the Labour
Disputes (Arbitration and Settlement) Act, 2006. Where the labor officer
has within ninety days of the submission of a complaint under this Act to a
labour officer, he or she has not issued a decision on the complaint or
dismissed it, the complainant may pursue the claim before the Industrial
Court.
 This claim taken to the industrial court is made by way of a memorandum of
claim.
 The industrial court is now operational to hear and determine employment
disputes properly brought before per Ozuu Brothers Enterprises v Ayikoru
(CIVIL REVISION No. 0002 OF 2016) [2016]
In conclusion therefore on this matter the plaintiffs have to follow the guideline
in line with the EMPLOYMENT ACT 2006 and LABOUR DISPUTES
(ARBITRATION AND SETTLEMENT) ACT, 2006.
 TASK 3
Group Three
Link to Drafted Documents

- https://docs.google.com/document/d/1K7BdKNpL69sWW1NfVUCcq9eEIuaroEaZ/
edit?usp=sharing&ouid=107117495177725678695&rtpof=true&sd=true
Thank You!