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
9 judgments

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9 judgments
Citation
Judgment date
June 1999
Registrar erred in staying execution where no stay application existed and deposited title was misleading; execution ordered to proceed.
Civil procedure – Execution – Registrar’s powers – Whether Registrar may stay execution absent an application – Relevance of court broker’s affidavit and valuation under Order 19 r.37 – Personal attendance for show-cause hearing – Fraudulent/misleading security lodged to defeat execution.
30 June 1999
Unexplained three‑year delay without committal amounted to abuse of process; High Court stayed prosecution and discharged the accused.
Criminal procedure – Abuse of process – Prolonged unexplained pre-trial delay; High Court inherent jurisdiction under s.19(2) Judicature Statute to stay prosecution; Right to fair and speedy trial (art.28(1)) – Factors: length, reasons, prejudice; Magistrates’ courts’ powers to prevent abuse (obiter).
30 June 1999
Prosecution proved murder by the step‑son; step‑mother convicted as accessory after the fact and given a lenient custodial sentence.
Criminal law – Murder – proof of death, unlawfulness and malice aforethought – direct and circumstantial evidence; Accused liability – principal offender v accessory after the fact; Compulsion as defence; Sentence — credit for remand and mitigation for first offender and dependent children.
28 June 1999
Summary suit dismissed for inconsistent accounting; occupant conduct proved but counterclaim for mesne profits lacked proof of loss.
Civil procedure – summary suit (Order 33) – plaintiff must specially plead and specifically prove a liquidated claim once defendant permitted to defend; accounting inconsistencies fatal to summary claim. Contract/Property – counterclaim for mesne profits – occupancy proven but absence of pleaded or proven loss, damage or basis for rent defeats claim.
16 June 1999
Appeal against taxation of costs dismissed; instruction fees correctly awarded by taxing master.
Legal costs - Taxation appeal - Determinability of subject matter - Entitlement to instruction fees
16 June 1999
High Court struck out suit as the Court of Appeal’s judgment in rem vested the property in Government, so no cause of action existed.
Civil procedure – preliminary objection – whether plaint discloses a cause of action – Court of Appeal judgment in rem – binding effect on High Court – status of property under Expropriated Properties Act – striking out as frivolous and vexatious – discharge of injunction – costs awarded.
15 June 1999
The applicant (widow) entitled to letters after respondent's grant revoked for concealing marital status and estate assets.
* Succession Act – Letters of administration – Revocation for just cause where grant obtained by concealing material facts. * Customary marriage – Acholi custom – validity despite unpaid dowry balance; widow's entitlement. * Succession Act – Distribution rules and citation requirement before granting administration to a relative entitled to lesser share. * Administrator duties – obligation to exhibit accounts and surrender grant when revoked. * Relief – grant of letters to widow and costs.
10 June 1999
Whether suspension and summary dismissal under the union agreement was lawful; admitted arrears awarded, other claims dismissed.
Employment law – Summary dismissal for misconduct – Applicability of Union Management Agreement versus staff regulations – Suspension and fair notice/procedure – Misconduct consisting of falsified inspection report – Award of admitted arrears.
2 June 1999
Order 48(3) CPR prevails over Order 6(1)(b) for notices of motion; particulars must be furnished.
Civil Procedure – Notice of Motion – interplay between Order 48 r.3 and amended Order 6 r.1(b) – generalia specialibus rule; Further and better particulars – when annexures are inapplicable or moot; Competency of motion – distinction from applications requiring evidentiary annexures (eg. setting aside ex parte judgments).
1 June 1999