High Court of Uganda

The High Court of Uganda is the third court of record in order of hierarchy and has unlimited original jurisdiction, which means that it can try any case of any value or crime of any magnitude. Appeals from all Magistrates Courts go to the High Court. 

The High Court is headed by the Honorable Principal Judge who is responsible for the administration of the court and has supervisory powers over Magistrate's courts. 

Physical address
Plot 2, the Square Kampala
91 judgments

Court registries

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91 judgments
Citation
Judgment date
December 1991
Adoption|HR
23 December 1991
Custodial sentence for reckless driving upheld as deterrent; mandatory driving disqualification set aside for procedural omission.
Criminal law — Sentencing — Reckless driving — Deterrent imprisonment vs fines; duty to make inquiries before sentence; "special reasons" required before mandatory driving disqualification under section 65(1)(a).
17 December 1991
Court appointed foreign applicants as guardians, prioritizing the infant’s welfare and imposing monitoring and visitation conditions.
* Guardianship – appointment under s.9(a) Judicature Act – welfare of the child paramount; * Appointment of foreign guardians permissible where in child's best interests; * Supervisory conditions – periodic progress reports to Probation/Welfare and Daughters of Charity; * Mandatory visitation schedule to relative; * Notification of Ministry of Foreign Affairs and Probation/Welfare for monitoring.
16 December 1991

 

13 December 1991

 

12 December 1991
Civil Procedure|Conduct of proceedings|Preliminary Objections
11 December 1991
November 1991
Family Law|Property Law|Land|Mortgage, loans and bonds|Mortgage
25 November 1991
Chamber application to withdraw suit allowed, but costs awarded to respondent for avoidable expenses caused by applicant.
Civil procedure – Withdrawal of suit by chamber application – Applicant had received offer of relief prior to suit withdrawal – Award of costs to respondent for avoidable expense caused by applicant’s procedural conduct.
25 November 1991
Withdrawal of suit allowed and costs awarded to respondent because the applicant’s late, costly discontinuance caused avoidable expense.
Civil procedure – Withdrawal/discontinuance of suit – Appropriate procedure to discontinue and notification to registrar; Costs – costs follow conduct where party’s late or costly discontinuance causes avoidable expense; Property custody – respondent’s offer to grant management relevant to costs but substantive ownership and mismanagement not determined.
25 November 1991
Whether prosecution proved kidnapping with intent to procure ransom amid disputed security arrests and inconsistent ransom evidence.
Criminal law – Kidnapping with intent to procure ransom – Elements: unlawful taking/detention and intent to secure ransom; Common intention – proof required; Lawful arrest in state security operations – relevance to alleged kidnapping; Evidence – contradictions on ransom payment create reasonable doubt; Minor cognate conviction – not permissible where offence lacks common origin or accused lacked opportunity to defend alternative charge.
20 November 1991
Failure to give statutory written notice of additional material facts renders late photographic evidence inadmissible.
Criminal procedure – admissibility of exhibits (photographs) – committal requirements repealed – summary of evidence (s.163A MCA) silent on exhibits – Trial on Indictments (Amendment) Act 1990 s.78 requires written notice of additional material facts; failure to give notice renders late exhibits inadmissible.
6 November 1991
Family Law|Marriage In Community of Property|Matrimonial Property Law
4 November 1991
October 1991

 

25 October 1991

 

11 October 1991

 

11 October 1991
Accused acquitted of rape where prosecution evidence was contradictory, uncorroborated and insufficient to call defence.
Criminal law – Rape – Sufficiency of evidence – No case to answer under s.71(1) – Contradictions and delays – Lack of corroboration and non‑production of torn garments – Retrospectivity of penal amendment (1990) making rape capital.
4 October 1991
September 1991
Accused acquitted where sole eyewitness failed to identify him and no prima facie evidence supported the indictment.
Criminal law — Murder; Identification evidence — inability to identify at scene or parade; Trial on Indictments s.71(1) — no case to answer; Acquittal where no prima facie evidence; Prosecutorial duty to ensure prima facie case before indictment.
30 September 1991
The court showed leniency, sentencing the accused to three months' imprisonment due to mitigating factors.
Criminal Law - Sentencing - Mitigating factors - Provocation, intoxication, and cooperation in prosecution - Judicial leniency applied.
25 September 1991

 

12 September 1991

 

3 September 1991
Court quashes convictions due to non-cognate charge and illegal default sentencing.
Criminal Law – Conviction without charge – Illegality of convicting on a non-cognate offence – Sentence exceeding statutory limits.
3 September 1991
August 1991
Court revises illegal sentence for traffic offences and orders sentences to run concurrently.
Criminal Law – Traffic Offences – Illegal Sentence – Concurrent Sentences for Related Offences
30 August 1991

 

30 August 1991
Kidnapping with intent to murder proved by eyewitness and context; circumstantial evidence insufficient to convict for murder.
Criminal law – Kidnapping with intent to murder – elements: forcible seizure and contemporaneous intent (s.235(1)(a)); single-witness identification – reliability factors (daylight, acquaintance, duration, corroboration); circumstantial evidence – must exclude reasonable innocent hypothesis before convicting for murder; presumption of intent under s.235(2) not applied where victim seen within six months; sentencing – death discretionary, court may impose term of imprisonment taking mitigation into account.
29 August 1991
Accused convicted of kidnapping with intent to murder but acquitted of murders for insufficient circumstantial evidence.
Criminal law — Kidnapping with intent to murder (s.235(1)(a)) — Elements: forceful seizure and contemporaneous intent; identification by single witness; circumstantial evidence — Murder (ss.183,184) — requirement to exclude reasonable hypothesis of innocence; indictment inclusion of absent co-accused.
29 August 1991

 

20 August 1991
Convictions for witchcraft lacked evidence support; sentences set aside and release ordered.
Criminal law – Witchcraft Act – evidence required for conviction under sections 5 (1) for possession of articles and section 3 (1) for the practice of witchcraft – procedure in sentencing multiple counts.
20 August 1991
Conviction and sentence quashed due to insufficient evidence and illegal sentencing structure.
Criminal Law - Conviction standards - Insufficient evidence for fraud - Illegality of sentence option between imprisonment or fine.
19 August 1991
Court declared counter-claimant beneficial owner under resulting trust and set aside fraudulent re-transfer, ordering re-registration.
Trusts and equitable remedies – resulting trust where purchaser provides consideration but title taken in another's name – duties of trustee (loyalty, preservation, accounting) – fraudulent re-transfer null and void – equitable declaration of beneficial ownership and order to register title.
7 August 1991
Amendment imposing minimum sentence not applicable to offense committed prior to its commencement date.
Criminal Law – sentencing – application of amendments – retrospective application of sentencing guidelines – minimum imprisonment terms.
7 August 1991
Witchcraft convictions quashed due to insufficient proof of witchcraft practices or related articles.
Criminal law - Witchcraft Act - Invalid conviction - Lack of evidence for articles used in witchcraft - Misapplication of witchcraft practices.
6 August 1991

 

2 August 1991
July 1991
Civil Procedure|Principles|Res Judicata
31 July 1991
Civil Remedies|Injunctions and interdicts|Injunction|Family Law|Matrimonial Property Law
30 July 1991
Accused convicted of attempted murder where intent inferred from threats, lethal spear attack, and reliable identification.
* Criminal law – Attempted murder – intention to kill may be inferred from surrounding circumstances, threats and use of a lethal weapon. * Criminal law – Attempt – overt act sufficiently proximate to completion establishes attempt (Penal Code s.369). * Evidence – Identification – single witness identification accepted where witness knew accused, close confrontation and corroborative circumstances. * Sentence – seriousness of offence weighed against mitigating factors (first offender, remand period, ill-health, dependants).
23 July 1991
Review of improper child witness procedure and sentencing in an assault conviction.
Criminal law – evidence of a child witness – requirement for voire dire – definition of 'bodily harm' – legality of default sentencing terms.
22 July 1991
Dying declaration and voluntary confession, corroborated by discovery and post‑mortem, established murder and malice aforethought.
Criminal law – Murder – admissibility of dying declaration (s.30 Evidence Act) – voluntariness of confession recorded by Assistant Inspector – information leading to discovery – circumstantial evidence proving guilt – malice aforethought – rejection of alibi and provocation.
16 July 1991
A valid inter vivos gift by the deceased to the respondent defeated the applicant’s claim to administer the estate.
Succession law – priority for letters of administration; Gift inter vivos – requirements, capacity of donor, and effect; Evidence – contemporaneous written instruments and eyewitness testimony; Post-death village confirmations have no title-conferring value; Admissibility and translation of local-language documents.
7 July 1991
Civil Procedure|Appeals and reviews
3 July 1991
June 1991
Civil Procedure
28 June 1991
Uncorroborated, potentially biased testimony and misconsideration of defence made convictions unsafe; statute did not cover jerrycan oil.
Criminal law – aiding escape – proof that person was a prisoner and in lawful custody; private citizen arrests (s.28 CPC) on reasonable suspicion; evidence and credibility – proven motive to lie requires caution and corroboration; statutory interpretation – ejusdem generis limits "things" following books/documents; destruction of evidence not extending to physical jerrycan of oil; appellate duty to re-evaluate evidence when trial court ignored defence.
18 June 1991
Invalid grant by Magistrate Grade II upheld due to lapse of time and no complaints.
Estate administration - Grant of administration - Jurisdiction limit of Magistrate Grade II - Invalid signing as District Registrar.
13 June 1991
Widow entitled to probate despite youth or unperformed funeral rites; deceased’s brother may be associated as co‑administrator.
* Succession law – s.201 Succession Act – widow’s entitlement to grant of Letters of Administration – personal disqualification required to exclude widow. * Customary practice – pending funeral rites – whether last funeral rite prevents grant of administration. * Remarriage and youth – potential remarriage is not automatic disqualification; duties and returns protect beneficiaries. * Association – s.202 Succession Act – association of suitable person with widow; minors disqualified.
12 June 1991
Magistrate Grade II improperly granted administration for high-value estate; no revision due to lapse causing potential hardship.
Legal jurisdiction - Magistrate Grade II acting beyond estate valuation limits - Jurisdictional error not revised due to hardship considerations.
12 June 1991
A Magistrate Grade II's illegal grant of Letters of Administration for a high-value estate is cancelled.
Probate and administration – Jurisdiction of Magistrates – Limits on estate value for grant of administration – Legal consequences of acting without jurisdiction.
11 June 1991
Applications for Letters of Administration were returned due to non-compliance with statutory notice and publication requirements.
Probate law – Letters of Administration – Compliance with statutory requirements – publishing notice – notice to Administrator-General.
11 June 1991
Application for letters of administration returned for failure to prove marriage, publish notice, and comply with Administrator‑General Act s.6.
* Succession law – Grant of letters of administration – Requirement to prove marriage where applicant claims to be widow – Publication of notice – Compliance with Administrator‑General’s Act s.6 (mandatory where applicant is not widow/widower) – Procedural prerequisites for registry processing.
7 June 1991
Letters of Administration revoked for lack of magistrate jurisdiction and failure to meet statutory notice requirements.
Administration of estates; jurisdictional limit for Magistrate Grade II under Decree 13/72; authority to act as District Registrar under Civil Procedure Rules; Administrator‑General's Act s.5 notice/consent requirement; revocation of improperly granted Letters of Administration.
7 June 1991
May 1991
Unreliable, interpreted single‑witness identification at night and lack of corroboration defeated robbery conviction.
* Criminal law – Identification evidence – Single eyewitness who is non‑verbal – evidence received under s.117 Evidence Act and interpreted by third parties – reliability and risk of imperfect interpretation. * Criminal law – Identification at night when victim is bound and injured – caution required for positive identification. * Criminal law – Robbery under s.273(2) – necessity to prove threat/use of deadly weapons and need for corroboration. * Criminal procedure – Alibi – prosecution’s burden to disprove alibi beyond reasonable doubt.
29 May 1991
Court set aside a judgment found to be obtained by misrepresentation and ordered a new trial, each party to bear own costs.
Civil procedure — Review of judgment — Order 42 Rule 1 and Section 83 Civil Procedure Act — Review permissible where judgment obtained by fraud or fundamental illegality — Ex parte judgment — improper procurement, misrepresentation or half-truths — res judicata (Section 7) examined where earlier judgment exists — remedy: set aside and rehearing ordered.
28 May 1991