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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
8 judgments
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8 judgments
Citation
Judgment date
August 1998
Abdalla Faraj v Odimbe and company Advocates (Civil Suit No. 962 of 1986) [1998] UGHC 38 (27 August 1998)
Agreement executed by an illiterate without statutory formalities is void; plaintiff not bound and awarded nominal damages, costs apportioned 40/60.
Illiterates Protection Act (s.4) – statutory formalities for signature by illiterate – non-compliance renders document void. Contract law – nullity of agreements made in contravention of a protective statute; illiterate party not bound. Civil procedure – relief limited where alleged fraud and claimed damages are unproven. Professional negligence – lawyer criticised for habitually failing to observe statutory protections for illiterates.
 27 August 1998
Uganda Posts and Telecommunications Corporation v International Television (Civil Suit 93 of 1997) [1998] UGHC 31 (25 August 1998)
Absence of corporate seal not fatal where defendant used contractual benefits; factual disputes mandate trial; adjournment and costs ordered.
Contract law – corporate contracts and execution under seal – use of contractual benefit estops corporation from relying on absence of seal; authority to represent Government – ministerial communications as prima facie evidence; misrepresentation and failure of consideration – factual issues for trial; procedural law – amendment of pleadings and adjournment; costs allocation for interlocutory applications.
 25 August 1998
Uganda Posts & Telecommunications Corp. v International Television (Civil Suit No. 93 of 1997) [1998] UGHC 11 (25 August 1998)
Civil Procedure
 25 August 1998
R. M. Patel and Others v Attorney General and Others (Civil Suit 54 of 1995) [1998] UGHC 42 (4 August 1998)
Challenge to disposals under the Expropriated Properties Act dismissed for suing wrong party and failing to pursue statutory appeal.
Expropriated Properties Act 1982 – effect of Act on prior transactions – nullification of pre‑Act sales and mortgages. Administrative law – Ministerial discretion under Sections 3–8 – exclusive statutory remedies and appeals under section 14 and Regulation 15. Jurisdiction and cause of action – DAPCB lacks power to grant repossession certificates; wrong party sued. Procedural requirement – time limit for appeal (30 days) and necessity to have the Minister heard before declaring ministerial acts void. Remedies – compensation/mesne profits must be pursued under statutory procedure, not by original suit.
 4 August 1998
Uganda Posts and Telecommunications Corporation v International Television and Another (Civil Suit 93 of 1997) [1998] UGHC 21 (4 August 1998)
Preliminary objections that the plaintiff lacked authority or that the contract was void for lack of seal were rejected; triable factual issues remain and hearing adjourned.
• Civil procedure – preliminary objections – plaintiff’s locus to sue on alleged government authority – dismissal on preliminary facts inappropriate where triable issues exist; • Company law – contracts not under common seal – Companies Act and authorities permit binding simple contracts where corporation accepts benefits; • Contract law – misrepresentation, failure of consideration and variation of contractual performance are triable issues of fact; • Adjournment and costs – limited adjournment granted, costs of adjournment ordered against plaintiff.
 4 August 1998
Uganda Posts & Telecommunications Corp. v International Television and Another (Civil Suit 93 of 1997) [1998] UGHC 44 (4 August 1998)
Preliminary objections that the plaintiff lacked authority and that the contract was void for want of seal were dismissed; adjournment granted, plaintiff to pay costs.
Administrative/telecommunications law – contract for uplink satellite services – locus and authority to represent Government in INTELSAT dealings – company contracts and requirement of seal – estoppel/acceptance of benefit – preliminary objections and adjournment to amend pleadings.
 4 August 1998
Ndeze v Nantale (Civil Suit 1007 of 1997) [1998] UGHC 33 (3 August 1998)

 

 3 August 1998
Ndeze Bugyendo v Nantale (CIVIL SUIT NO. 1007 OF 1997) [1998] UGHC 35 (1 August 1998)
An ex parte claimant proved premature termination of a monthly hire contract and obtained awards for lost equipment, lost income, and one month’s rent.
Contract – hire of premises – monthly payments in advance – existence of contract proved by unchallenged receipts. Breach of contract – premature termination and denial of access – liability for loss caused. Damages – assessment of special damages and loss of income on balance of probabilities; disallowance of transport/storage costs not proved. Notice – absence of written agreement; reasonable notice for monthly tenancy. Civil procedure – default/ex parte evidence: unchallenged evidence must still be proved on balance of probabilities.
 1 August 1998