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

12 judgments

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12 judgments

Citation	Judgment date
January 2002
Tororo Cement Industry Ltd v The Co-operative Bank Ltd (Civil Suit No. 205 of 1999) (Civil Suit No. 205 of 1999) [2002] UGHC 47 (28 January 2002) Bank not liable where it issued drafts pursuant to an authorised employee’s instructions and the customer’s mandate; suit dismissed with costs. Banking law – customer mandate – bank entitled to act on cheques and draft requisition forms prepared by an authorised employee; Contract and tort – no liability where bank complies with customer mandate and established routine; Joinder – improper joinder of central bank struck out where no evidence of liability; Employee fraud – loss caused by authorised employee’s diversion, responsibility lies with customer/internal safeguards.	28 January 2002
Iyaga and Another v Noaha and Others (Election Petition No. 06 -2001) [2002] UGHC 138 (25 January 2002) The respondent’s forged academic qualifications invalidated his nomination and election; a fresh election and costs were ordered. Election law – candidate qualifications – requirement of Advanced Level or UNEB‑gazetted equivalence – forgery of academic certificates – Returning Officer’s duty to verify nominations – election void for invalid nomination.	25 January 2002
Robinah Sajjabi V UCB (High Court Civil Suit No. 560 of 1996 ) (High Court Civil Suit No. 560 of 1996) [2002] UGHC 58 (23 January 2002) Unlawful summary termination after exoneration entitles employee to contractual entitlements, general and exemplary damages. Employment law – suspension pending investigation lawful; summary dismissal – employer must have basis or follow contract and personnel rules; where employee cleared, employer must reinstate or give contractual notice/pay; damages for wrongful termination, defamation and unlawful detention; exemplary damages where detention exceeds constitutional limits.	23 January 2002
M/S Lumweno & Co. Advocates v Simba Speed Auctioneers (MISC. APPLICATION NO. 555 OF 2001) [2002] UGHC 139 (22 January 2002) Court upholds Registrar’s taxation: execution-related disbursements and bailiff fees were necessary and not manifestly excessive. Taxation of costs – execution expenses – necessity and allowability of police, private security, labour, transport and regional travel costs; Valuer’s fees – effect of separate payments by advocate on bailiff’s valuation fee; Registrar’s discretion – manifest excessiveness and principles of taxation; Reviewability of taxation awards.	22 January 2002
Singal and Others T/a Ms Eastman Industries v Ms Panalpina (U) Limited (Civil Suit No. 620 of 2000) [2002] UGHC 142 (22 January 2002) An unpaid seller cannot recover full value from a delivery agent who released goods without bills absent authority to resell. Sale of goods – unpaid seller’s remedies – bills of lading – delivery/clearing agent’s liability – contract of carriage – negligence and conversion – risk and passage to buyer – necessity to join carrier and consignees.	22 January 2002
The Hair Care Center Ltd v Uganda Revenue Authority (Civil Appeal No.1 of 2001) [2002] UGHC 44 (22 January 2002) An importer should not be penalised for customs offences independently committed by its unauthorised clearing agent; penalties must be pursued from the agent. Customs law – liability of importer for offences committed by unauthorised/appointed clearing agents – distinction between taxes/demurrage and penal sanctions. Penalties: improper to impose penalty on importer for an offence independently committed by agent; recovery from agent permitted. Tax Appeals Tribunal – scope of liability and costs allocation.	22 January 2002
Ishingina v Namakayi Kaluwa (Civil Suit No. -395/2000) [2002] UGHC 143 (20 January 2002) Leave to appeal refused where plaint disclosed no cause of action and registered title was protected. Civil procedure – Order 7 r.11(a) – dismissal for failure to disclose cause of action. Property law – effect of registered certificate of title – protection against subsequent unregistered purchasers (Section 56, Registration of Titles Act). Pleadings – necessity to plead interference with title/occupation and to particularize special damages.	20 January 2002
Rugundu v International Law Institute (HCCS NO 301 OF 2001) [2002] UGHC 140 (14 January 2002) Repudiation of an employment contract before commencement entitles the plaintiff to general damages for mental anguish. Contract law – employment contract – formation and repudiation before commencement; Mitigation – post-repudiation re-offer made after threatened litigation is not effective mitigation if made without reasons and in bad faith; Damages – special damages require proof; general damages recoverable for disappointment and mental anguish.	14 January 2002
Bwire Adeya v Ochieng and 2 Others (Election Petition 1 of 2001) [2002] UGHC 131 (11 January 2002) Whether failure to produce a UNEB certificate equating qualifications voids the respondent’s parliamentary nomination. Parliamentary elections – statutory qualification – section 5(1)(c), 5(4), 5(5) PEA 2001 – requirement of individual UNEB certificate and Gazette notice to prove A‑Level equivalence – general UNEB notices do not displace individual verification – nomination void for non‑compliance; Electoral Commission negligence.	11 January 2002
Uganda v Byabagambi Rwakirenzi and Another (HCT-05-CR-SC-0215-2002) (HCT-05-CR-SC-0215-2002) [2002] UGHC 9 (2 January 2002) Failure to prove use of a deadly weapon downgraded aggravated robbery to simple robbery despite reliable identification. Criminal law – Robbery – Elements of aggravated robbery (theft, violence, use/threat of deadly weapon, participation); Identification evidence – reliability where victims knew accused and viewed him by torch/moonlight; Alibi – prosecution’s duty to disprove; Downgrading aggravated robbery to simple robbery where deadly-weapon element not proved.	2 January 2002
Uganda v Majidu Bossa (Case No.0046 of 2002) (Case No.0046 of 2002) [2002] UGHC 8 (2 January 2002) Acquittal where defilement charge could not be proven beyond reasonable doubt due to unexplained delay and credibility concerns. Defilement – proof beyond reasonable doubt – credibility of child witness – unexplained delay in reporting – possible suggestion or coercion in eliciting allegation – acquittal where evidence unsafe.	2 January 2002
Uganda v Nduga Robert (HCT-OO-CR-SC-0037 of 2002) (HCT-OO-CR-SC-0037 of 2002) [2002] UGHC 10 (2 January 2002) Accused acquitted where identification and investigation were unreliable and prosecution failed to prove guilt beyond reasonable doubt. Criminal law – Aggravated robbery – Elements of robbery and use of a deadly weapon; Evidence – Visual identification – Reliability and danger of mistaken identity; Procedure – Inadequate investigation and failure to call alarm-respondents; Arrest – Unexplained circumstances of arrest may vitiate prosecution case; Standard of proof – Acquittal where identity not proved beyond reasonable doubt.	2 January 2002