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.

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Plot 2, the Square Kampala

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http://www.judiciary.go.ug/data/smenu/9/High

14 judgments

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14 judgments

Citation	Judgment date
February 1996
Print and Stationery Suppliers v Kitgum District Administration (Civil Suit 926 of 1994) [1996] UGHC 53 (23 February 1996) A misnamed local authority after statutory change can be a bona fide mistake and does not automatically defeat a plaint. Local government — naming of defendant after statutory reorganisation — bona fide mistake in naming former statutory entity — amendment/substitution of parties; Civil Procedure — preliminary objection under Order 6 rule 27 CPR; Statutory notice — requirement and proof of service for suits against local authorities.	23 February 1996
Print & Stationery Supplies (U) Ltd v Kitgum District Administration (Civil Suit 926 of 1994) [1996] UGHC 99 (23 February 1996) Preliminary objection overruled: misnaming of a reconstituted local authority was a bona fide, amendable mistake; notice/service not disproved. Civil procedure – preliminary objection – Suit against a formerly‑named local authority after statutory reorganisation – whether misnaming renders plaint incompetent; service of statutory notice on local authorities; bona fide mistake and amendment under the CPR.	23 February 1996
Ndawula and 4 Others v Kalondozi and Another (Civil Suit 497 of 1991) [1996] UGHC 59 (22 February 1996) Second defendant liable for negligence in leaving lorry parked without adequate warnings; first defendant not negligent. Negligence – vehicle broken down/parked on roadway – adequacy and deployment of warning devices; contributory negligence – alleged speed of oncoming minibus; assessment of general damages for multiple serious fractures and residual disability; award of costs against negligent defendant.	22 February 1996
Uganda v Ayo (Criminal Session Case 17 of 1996) [1996] UGHC 22 (22 February 1996)	22 February 1996
Uganda v Ayo Cypiriano (Criminal Session Case No. 17/96) [1996] UGHC 112 (22 February 1996) Prosecution failed to prove penetration or reliably identify the accused; witness with motive to lie required corroboration. Criminal law – Rape – elements: penetration, consent and identification – necessity of proof of penetration and importance of corroboration for identification and for witnesses with motive to lie; medical evidence in sexual offence cases.	22 February 1996
Uganda v Molo (Criminal Session Case 21 of 1996) [1996] UGHC 24 (22 February 1996) Poor lighting, medical contradictions and unreliable identification led to acquittal for alleged rape. Criminal law – Rape – requirement to prove penetration, lack of consent and identity beyond reasonable doubt; caution when relying on single-witness identification at night without corroboration. Evidence – medical evidence and contemporaneous observations may corroborate or undermine complainant’s account; contradictions and credibility issues can create reasonable doubt.	22 February 1996
Uganda v Kyomuhangi (Criminal Session Case 349 of 1994) [1996] UGHC 19 (21 February 1996) The accused pleaded guilty to manslaughter and was sentenced to three years with remand time credited. Criminal law – Manslaughter – Change of plea from not guilty to guilty – Acceptance of plea – Sentencing – Mitigation: guilty plea, remorse, first offender status, dependent children – Credit for time spent on remand.	21 February 1996
Uganda v Ocero (Criminal Session Case 393 of 1995) [1996] UGHC 27 (15 February 1996) Medical evidence and a found-true retracted confession corroborated a child’s unsworn account, leading to conviction for defilement. Criminal law – Defilement (s.123 Penal Code) – elements: victim under 18, penetration, identity of accused. Evidence – unsworn evidence of a child of tender years requires corroboration – medical and eyewitness evidence can suffice. Confession – retracted/repudiated confessions admissible only if court is satisfied of truth; corroboration usually sought. Defences – insanity and intoxication: accused bears burden to establish probability of insanity; involuntary intoxication provisions considered.	15 February 1996
Uganda v Ocero George (Criminal Session Case No. 393/95) [1996] UGHC 115 (15 February 1996) Medical and corroborative evidence and an admitted confession supported conviction for defilement; insanity and intoxication defences failed. Criminal law – Defilement – Elements: victim’s age, penetration, identity – Child unsworn evidence and corroboration – Medical evidence of hymenal rupture – Retracted confession admissibility and weight – Insanity/intoxication defences and burden of proof – Sentence for first offender.	15 February 1996
Uganda v Otim Simon and Another (CRIMINAL SESSION CASE NO. 19/96) [1996] UGHC 120 (15 February 1996) No prima facie case where recovered exhibits were not produced and sole, contradictory identification lacked corroboration. Criminal law – no case to answer – prima facie case test (Bhatt) – possession of recently stolen property – failure to produce exhibits – single identification witness – need for corroboration.	15 February 1996
Jan Naresh Kara v Protam Dharamsy Bhatia (Civil Suit 425 of 1994) [1996] UGHC 88 (12 February 1996) Claim to prove a will in Uganda dismissed because deceased was domiciled in India and foreign probate/re-sealing was required. Probate law – Jurisdiction – Domicile of deceased abroad – Requirement to obtain foreign probate and re-seal under Probate (Re-sealing) Act (Cap.144) s.3 before Ugandan court can give effect to foreign grant; validity of will and caveat where primary probate lies abroad.	12 February 1996
Kara v Bhatia (Civil Suit 425 of 1993) [1996] UGHC 55 (12 February 1996) Court dismissed Ugandan probate suit because deceased was domiciled in India and foreign probate must be obtained and re-sealed first. Private international law – Domicile – Deceased domiciled in India – Probate jurisdiction; Probate (Re‑Sealing) Act (Cap.144) s.3 – foreign grant to be produced and re-sealed to operate in Uganda; Jurisdiction – necessity of obtaining foreign probate before Ugandan recognition; Caveat and declaratory relief on will – jurisdictional bar when deceased domiciled abroad.	12 February 1996
Uganda v Alum (Criminal Session Case 14 of 1996) [1996] UGHC 33 (7 February 1996)	7 February 1996
Uganda v Faibi Alum (Criminal Session Case No. 14/96) [1996] UGHC 113 (7 February 1996) Accused pleaded guilty to manslaughter for a brutal killing and was sentenced to eight years despite conduct bordering on murder. Criminal law – Manslaughter plea accepted despite facts bordering on murder – Sentencing principles: fit between offence and offender – First offender mitigation – Remand credit – Welfare of dependants as mitigation.	7 February 1996