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

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10 judgments

Citation	Judgment date
December 2002
Emily Luwedde v Yafesi Katimbo (Civil Suit No.1081 Of 1999) (Civil Suit No.1081 of 1999) [2002] UGHC 63 (30 December 2002) The applicant’s registered title prevails; the respondent is a trespasser ordered evicted, with damages and costs awarded. Land law – registered title (private milo) – certificate of title as exclusive evidence of ownership under the Registration of Titles Act; Trespass – entry upon registered land without consent constitutes trespass; Burden of proof – defendant must substantiate claims of customary occupation; Remedies – eviction, general damages and costs; mesne profits discretionary and not awarded here; Constitutional/Land Act protections inapplicable to unlawful or non-bonafide occupants.	30 December 2002
Kabagambe v Uganda Electricity Board (Miscellaneous Application 928 of 1999) [2002] UGHC 132 (19 December 2002) Administrative disciplinary process breached Article 42; decisions declared void and applicant awarded terminal benefits, general and punitive damages. Administrative law – disciplinary procedure – natural justice; Constitutional law – Article 42 right to fair administrative hearing – non-derogable; Remedies – declaration of nullity, restitutional terminal benefits, general and punitive damages; Pleadings – general damages need not be specifically pleaded in constitutional redress; Courts’ power to frame issues and grant relief at judgment.	19 December 2002
The Jubilee Insurance Co. (U) Ltd v Krediet Geneve Inc (MISC. APPLICATION NO.338 OF 2001. ) (MISC.Application No. 338 of 2001) [2002] UGHC 30 (15 December 2002) Court orders security for costs from foreign respondent with unknown assets and residence; bond of Shs.4,000,000 required. Security for costs; foreign defendant with no known assets or disclosed residence; discretionary relief; assessment of prima facie merits on pleadings and affidavits; bond of Shs.4,000,000 ordered.	15 December 2002
Muntukwonka Victoria v Jim Kiggundu (Misc.App.No.720 Of 2002) (Misc.App.No.720 of 2002) [2002] UGHC 66 (13 December 2002) Strike-out refused: expiry of lease did not defeat a pre-expiry trespass claim or the registered proprietor’s protection under s.56. Land law – locus standi after lease expiry; pleadings – disclosure of cause of action (Auto Garage test); trespass as continuous tort – acts prior to lease expiry maintainable; certificate of title (s.56 Registration of Titles Act) – conclusive ownership during interim; procedural remedy – dismissal of strike-out application.	13 December 2002
Annette Nakalema Kironde v Apollo Kaddu Mukasa Kironde & Anor (CIVIL DIVORCE CAUSE NO. 006/2001 ) (CIVIL DIVORCE CAUSE NO. 006/2001) [2002] UGHC 29 (12 December 2002) Constitutional equality permits a wife to petition for divorce on adultery; discriminatory Divorce Act provisions are void to that extent. Divorce law – Adultery – wife’s right to petition on adultery – constitutional equality; Divorce Act (ss.5,6,23) inconsistent with Constitution to extent discriminatory; admissions in pleadings as proof of adultery; custody and welfare of children; costs discretion under Civil Procedure Act s.27.	12 December 2002
Rose Achom Opio v Lugazi Town Council (CIVIL SUIT NO. 240 OF 2000. ) (CIVIL SUIT NO. 240 of 2000.) [2002] UGHC 35 (12 December 2002) Court holds discriminatory Divorce Act provisions inconsistent with the Constitution and grants divorce with mother’s custody and no costs. Family law – Divorce – Constitutionality of Divorce Act provisions – Whether sections 5, 6 and 23 are inconsistent with the 1995 Constitution’s equality guarantees. Family law – Adultery – admission in pleadings as proof; effect of condonation, collusion and connivance Children – custody, access and maintenance – welfare principle and parties’ agreement. Civil procedure – costs – discretion under Civil Procedure Act where both parties are culpable; discriminatory statutory cost provisions void to extent of inconsistency with Constitution	12 December 2002
Uganda v Baguma (HIGH COURT CRIMINAL CASE No. 0078 of 2001) [2002] UGHC 31 (12 December 2002) Constitutional equality allows a wife to petition for divorce on adultery; discriminatory Divorce Act provisions are void to that extent. - Constitutional law – equality in marriage – Articles 2, 21, 31, 33, 34 and 273 – effect on Divorce Act provisions; - Family law – divorce by adultery – competency of petition by wife; - Evidence/Civil procedure – admissions in pleadings as proof of adultery; - Statutory invalidity – discriminatory provisions of Divorce Act (s.5, s.6, s.23) void to extent of inconsistency; - Child welfare – custody to mother, reasonable access to father; - Costs – discretion to deny costs where both parties guilty of adultery.	12 December 2002
Uganda v Bukenya Ronald (HCT-00-CR-SC-0009 of 2002) (HCT-00-CR-SC-0009 of 2002) [2002] UGHC 17 (11 December 2002) Accused convicted of rape where prosecutrix, eyewitness and medical evidence proved lack of consent; alibi rejected. Criminal law – Rape – Elements: unlawful carnal knowledge and absence of consent – proof required Evidence – Identification and corroboration: prosecutrix's testimony, eyewitness account and medical findings Defence – Alibi – credibility assessment and rejection where inconsistent Procedure – Caution regarding uncorroborated sexual‑offence evidence; conviction may rest on uncorroborated testimony if otherwise reliable Sentence – First offender status weighed against brutality; deterrent term imposed	11 December 2002
Asuman Kavuma v Galiwango (Civil Suit No.983 Of 2001) (Civil Suit No.983 of 2001) [2002] UGHC 61 (3 December 2002) Owner held vicariously liable for driver’s negligent collision; partial special damages, general damages, costs and interest awarded. Negligence – vehicle driving into private dwelling; Vicarious liability of vehicle owner for driver’s negligence; Proof of special damages — requirement for strict proof and supporting receipts; Assessment and discounting of valuation where receipts absent; Award of general damages, costs and interest.	3 December 2002
Uganda v Kigundu Suleiman (HCT-00-CR-S-C-0007 of 2002) (HCT-00-CR-S-C-0007 of 2002) [2002] UGHC 16 (2 December 2002) Accused convicted of murder; alibi and self-defence rejected and sentenced to death. Criminal law – Murder – Eyewitness evidence – credibility and demeanour Criminal procedure – Burden of proof – prosecution must disprove alibi beyond reasonable doubt Defences – Provocation, self-defence and defence of property not established Evidence – Fabricated report to police as indicium of consciousness of guilt	2 December 2002