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
14 judgments

Court registries

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14 judgments
Citation
Judgment date
January 1992
Delict and Tort Law
31 January 1992
Applicant failed to prove an enforceable oral hire agreement or irreparable harm; interlocutory injunction refused and interim order vacated.
Civil procedure – Interlocutory injunction – Requirements: prima facie case with probability of success, irreparable injury, balance of convenience – Ex parte interim order vacated for lack of service; Contract law – formation and proof of an oral hire/joint venture agreement.
31 January 1992
Property Law|Land|Leases and tenants|Lease
30 January 1992
Capital robbery proved, but accused acquitted due to unsafe identification and reasonable doubt.
Criminal law – Robbery – Capital robbery under s.273(2) – use of panga causing bodily harm establishes capital element Identification – single identifying witness – adequacy of lighting, duration, and surrounding circumstances – risk of mistaken identity Alibi – burden on prosecution to disprove alibi beyond reasonable doubt; corroboration can create reasonable doubt. Evidential weight – unreliable investigative testimony can undermine prosecution case
29 January 1992
Civil Remedies|Injunctions and interdicts|Temporary Injunction|Property Law|Land|Land Dispute
22 January 1992
Ex parte injunction refused for delay, lack of urgency, and because relief was improperly sought against the Registrar (a non‑party).
Civil procedure — Interim injunctions — Order 37 r.1 & r.9 — Mandatory notice requirement for injunctions — Ex parte relief requires demonstrable urgency or risk of defeating the object by delay — Onus on applicant — Registration of Titles Act s.149 — Caveat lapse and time limits — Application against non-party Registrar inappropriate; delay/time-bar fatal.
22 January 1992
A Ugandan lessor could re‑enter abandoned leased land; the Custodian Board had no title and the allocation was ineffective.
Land law – Freehold title – Certificate of title conclusive in absence of fraud; Lease – existence, payment of initial 25‑year rent, abandonment and breach of covenants – grounds for re‑entry; Departed Asians property decrees – properties of indigenous Ugandan lessor do not vest in Custodian Board; Allocation by Custodian Board ineffective where Board lacks title; Registrar directed to remove encumbrance under s.113 Registration of Titles Act.
21 January 1992
21 January 1992
Plaintiff failed to prove advancement of funds for plot development; claim dismissed with costs to the defendant.
Evidence — burden of proof on balance of probabilities; credibility findings; travellers' cheques and documentary provenance; alteration of documents; failure to prove advancement of funds for property development.
20 January 1992
Plaintiff failed to prove advancement of funds for plot development; claim dismissed with costs.
Evidence — burden of proof on claimant to establish payment and agreement; Documentary evidence — travellers cheques and letters, alterations and timing; Credibility — court preferred defendant’s consistent testimony; Property/land — sale agreement and lease processing undermined claimant’s case; Relief dismissed for failure to prove payments.
20 January 1992
Single eyewitness identification, corroborated by conduct and arrest, upheld convictions for armed robbery and attempted murder.
Criminal law – Identification evidence – single eyewitness at night – prior acquaintance and lighting – contradictions in police statement – alibi – corroboration by post‑offence conduct and identity documents – armed robbery (s.273(2)) – attempted murder (s.197(a)).
20 January 1992
14 January 1992
A mortgagee may lawfully exercise power of sale by public auction after obtaining judgment for the debt.
Banking law – Mortgage – Remedies – Concurrent pursuit of remedies – Mortgagee's power of sale after judgment – Validity of sale – Bona fide purchaser for value – Statutory power of sale under Mortgage Decree – Title passing on sale by public auction in absence of irregularity.
9 January 1992
Specific performance of a 1977 lease was denied because laches and non‑performance made enforcement inequitable.
Contract for lease – substance of offer and acceptance established by payment and receipts – equitable relief (specific performance) barred by laches and failure to perform contractual obligations; court will not enforce an aged unperformed lease where delay and acquiescence make relief unjust.
1 January 1992