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
6 judgments

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6 judgments
Citation
Judgment date
June 1998
Objector failed to prove ownership of vehicles attached under warrant; application dismissed, bailiff struck out, conditional leave to appeal granted.
Civil procedure – O.19 r.55 CPR – claim to ownership of property attached under warrant; insufficiency of piecemeal contractual excerpts without primary documents or witnesses to prove transfer of title; possession not conclusive where registration presumption applies (s.49 Traffic and Road Safety Act); improper joinder of judicial officer – O.1 r.10 CPR and statutory protection of officers executing warrants; conditional leave to appeal and security for stay under O.39 r.4 CPR.
23 June 1998
Objector failed to prove ownership of machinery; isolated contract excerpts and possession insufficient to block attachment, application dismissed with costs.
Civil procedure – Warrant of attachment – Objector's claim of ownership – requirement to prove title by tendering contract and supporting documents. Contract interpretation – isolated contractual excerpts with cross‑references to unproduced clauses are insufficient to establish rights. Possession v title – possession not determinative where statutory registration presumption exists. Traffic and Road Safety Act s.49 – registered owner presumed owner of vehicle unless contrary proved. Joinder and protection of judicial officers – bailiff improperly joined; protected under Judicature Act; costs awarded.
23 June 1998
Court dismissed challenge to arbitral award, finding no arbitrator misconduct and damages reasonably awarded.
Arbitration — Alleged arbitrator misconduct by filing a party’s claim — Innocent mistake, full disclosure and withdrawal, no bias or fraud; Waiver — parties proceeding with knowledge may estop later challenge; Judicial review — courts reluctant to upset arbitral awards absent fraud, clear legal error or lack of basis; Quantum of damages — tribunal’s factual assessment and discretionary award will not be interfered with where supported by evidence; Procedure — service on arbitrator and competency of affidavits in challenges to awards.
11 June 1998
Section 16(1) of the NPART Statute does not expressly oust the High Court; the Tribunal is an alternative, not exclusive, forum.
Constitutional and civil procedure law – High Court's unlimited original jurisdiction under Article 139(1) and Judicature Statute – statutory ouster of jurisdiction must be express or irresistibly inferred. Statutory interpretation – section 16(1) NPART: Tribunal provides alternative forum for non-performing asset disputes, not exclusive ouster. Civil procedure – strike out application for being filed in wrong court dismissed.
10 June 1998
The court held that the NPART Statute did not expressly oust the High Court's jurisdiction; parties may choose Tribunal or High Court.
Constitutional law – High Court jurisdiction – Article 139(1) grants unlimited original jurisdiction subject only to the Constitution. Statutory interpretation – ouster of jurisdiction – requirement of express ouster or irresistible implication. Administrative/tribunal jurisdiction – NPART Tribunal provides alternative forum; section 16(1) does not automatically oust High Court jurisdiction.
10 June 1998
Appellate court upheld conviction, finding no material prejudice from partly recorded evidence and no shift in burden of proof.
Criminal law – appellate review – duty of first appellate court to re-evaluate evidence afresh; Magistrates' Courts Act s.142(1)(b) – setting aside conviction for evidence not wholly recorded only where accused materially prejudiced; burden of proof – prosecution’s burden not shifted by magistrate’s remark; witness demeanour – not necessarily prejudicial when magistrate had opportunity to assess testimony.
1 June 1998