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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
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4 judgments
Citation
Judgment date
December 1998
Punjani Motors Limited v Pabari Properties Limited (Miscellaneous Application 1080 of 1998) [1998] UGHC 23 (9 December 1998)
Pre‑incorporation sale agreement was void; no novation proved, so plaint struck out and caveat removed with costs.
* Company law – Pre‑incorporation contracts – contracts purportedly made on behalf of a company before incorporation are void unless re‑enacted after incorporation; ratification not possible where principal did not exist. * Contract law – Novation – post‑incorporation conduct (occupation and payment) does not automatically novate a pre‑incorporation agreement absent clear evidence of a new contract. * Property law – Caveat – caveat based on invalid pre‑incorporation contract cannot stand. * Civil procedure – striking out plaint – inherent powers to strike out where defect cannot be remedied.
 9 December 1998
Punjani Motors Ltd. v Pabari Properties Ltd. (Miscellaneous Application 1080 of 1998) [1998] UGHC 54 (9 December 1998)
Pre‑incorporation sale agreement unenforceable; occupation and partial payment did not novate contract, caveat removed.
* Company law – Pre‑incorporation contracts – unenforceability of agreements made on behalf of a company before incorporation unless validly re‑enacted after incorporation; novation by conduct requires clear evidence of a new agreement. * Land/registration – Caveat founded on a void pre‑incorporation contract cannot be maintained and is removable under RTA s.14(1).
 9 December 1998
John Nathan Osapil v Immanuel Kaddu and Another (Civil Suit 883 of 1996) [1998] UGHC 50 (1 December 1998)
Unconditional sale transferred ownership to buyer; seller’s remedy for unpaid price is breach action, not seizure; log book must be delivered.
Sale of goods – Construction of contract – unconditional sale of specific goods under s.20(1) Sale of Goods Act; passing of property and loss of lien; remedy for unpaid purchase price is action for breach, not seizure; retention of log book unlawful but damages for loss of earnings properly claimable against seller who contracted with purchaser.
 1 December 1998
Osapil v Kaddu and Another (Civil Suit 883 of 1996) [1998] UGHC 26 (1 December 1998)
Whether property in a sold vehicle passed on execution and who bears liability for unpaid purchase price and loss of earnings.
Sale of goods – Construction of written contract – Section 20(1) Sale of Goods Act – Property in specific goods passes on contract even if payment postponed; Vendor loses lien on delivery; Buyer’s remedy for non‑payment is action for breach. Possession, title and third‑party dealings – resale to subsequent purchaser passes good title. Retention of log book unlawful; loss of earnings claim lies against immediate seller.
 1 December 1998