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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
7 judgments
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7 judgments
Citation
Judgment date
May 1999
Zaidi Ziwa & Ors v Gregory Kayita Senvuma (Civil Suit No.164 of 1993) (Civil Suit No.164 of 1993) [1999] UGHC 8 (31 May 1999)
RC court lacked jurisdiction over statutory notice and compensation issues; suit proceeds to assess compensation for customary tenants.
Civil procedure – Res judicata – applicability where prior decision was given by a tribunal lacking jurisdiction. Jurisdiction – RC/local council courts – limited to matters governed solely by customary law under Resistance Committees (Judicial Powers) Statute, 1988. Land law – Land Reform Decree, 1975 s.7 – statutory regime for notice of termination of customary tenure and compensation. Landlord–tenant – tenant cannot challenge registered proprietor’s title; primary issue is compensation computation for customary tenants.
 31 May 1999
Muhamood Wanula Busulwa v Intestate Finance Co.& 2 oers (Civil Suit No. 1195 Of 1998 ) (Civil Suit No. 1195 of 1998) [1999] UGHC 21 (28 May 1999)
Interlocutory judgment entered on an affidavit lacking the jurat’s place is set aside as incurably defective.
Service of process – affidavit of service – requirements under Order 5 r.17 CPR; Oaths Act s.8 – jurat must state place and date; defective jurat renders affidavit incurably defective; interlocutory/default judgment set aside where based on defective affidavit.
 28 May 1999
Tarlock Singh v Roadmaster Cycles Ltd & Another (Misc.App.No.540 Of 1999) (Misc.App.No.540 of 1999) [1999] UGHC 22 (28 May 1999)
Application to restore a suit dismissed for failure to prosecute was refused for lack of credible cause and defective evidence.
Civil procedure – Failure to prosecute – Dismissal under Order 15 r.4; Restoration of dismissed suit – proper basis: Order 15 r.4, Order 48 or s.101 (inherent jurisdiction) not Order 9 r.20 where dismissal followed inter partes hearing; Inherent powers require sufficient factual cause; Formal defects in affidavit annexures (Commissioner for Oaths rules) and uncorroborated medical excuses fatal to restoration; Advocate’s negligence may be visited on client.
 28 May 1999
Marianalikka Mpima v Ernest Sensalire and Others (Civil Misc. Appl. No. 249/99) [1999] UGHC 64 (24 May 1999)
A stay of execution and taxation was denied where no such proceedings were ongoing and statutory conditions were unmet.
Civil procedure – stay of execution – application for stay in absence of execution or taxation proceedings – requirements under O.39, r.4(3) of Civil Procedure Rules – effect of procedural deficiencies – court’s discretion in granting stay – unwarranted interference in taxation process.
 24 May 1999
Nalikka Mpima v Sensalire and Others (CIVIL MISC . APPL. NO 249/99) [1999] UGHC 60 (24 May 1999)
Application for stay of execution and taxation of costs dismissed due to non-compliance with procedural requirements.
Civil Procedure – Stay of execution – whether execution had occurred – requirements for stay not met – costs.
 24 May 1999
Sushila Ghusala v Manilal Lolita and Others (Civil Suit No. 89 of 1995) [1999] UGHC 57 (12 May 1999)
Sublessee must pay 25% of the ground rent as assessed by the local authority; plaintiff ordered to pay costs.
Landlord & tenant – Sublease – Ground rent: whether sublessee pays 25% of fixed historic rent or 25% of rent assessed by local authority; payment to local authority vs. reimbursement to headlessee; entitlement to enforce contribution and threaten re-entry; costs awarded to headlessee.
 12 May 1999
Crane Finance Company Ltd v Makerere Properties Ltd (MISCELLANEOUS APPLICATION NO. 32 OF 1999) [1999] UGHC 43 (5 May 1999)
Interim injunction granted to preserve possession and rents pending resolution of ownership dispute.
Civil procedure – Interim injunction – Requirements: preservation of status quo, prima facie case with probability of success, irreparable injury, balance of convenience – Registered proprietor in possession – Alleged illegality of repossession certificate raising triable issues.
 5 May 1999