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

9 judgments

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9 judgments

Citation	Judgment date
April 2003
Jackson BBale v M.S capital Finance corporation Ltd. ( Civil Suit No. 1228 OF 1998 ) (Civil Suit No. 1228 of 1998) [2003] UGHC 79 (30 April 2003) Loan proceeds were disbursed to a third‑party account at the mortgagor’s instruction; claim to recover title dismissed. Mortgage law – validity of mortgage transaction; disbursement to third‑party account by instruction of mortgagor; evidential weight of handwriting expert on disputed signatures; mortgagor’s default; foreclosure rights under Mortgage Decree s.9 and mortgage clause permitting realization without court order.	30 April 2003
Irene Mutumba v Crane Bank Ltd (misc.app. no. 180 of 2003) (misc.app. no. 180 of 2003) [2003] UGHC 77 (28 April 2003) Applicant in possession and prima facie challenge to mortgage justified a 90‑day interim injunction despite no proven irreparable harm. Interim injunction – preservation of status quo – applicant living in mortgaged matrimonial home – respondent advertised sale after borrower defaulted. Prima facie case – challenge to mortgage validity where spouse’s consent allegedly absent. Irreparable harm – insufficiently pleaded. Balance of convenience favours occupant possession. Security for costs – Order 37 r.2 discretionary, not mandatory.	28 April 2003
Uganda v Kagoro Godfrey (High Court Criminal Session No. 141 of 2002) (High Court Criminal Session No. 141 of 2002) [2003] UGHC 67 (28 April 2003) The court convicted the respondent of defilement based on the complainant's credible uncorroborated testimony and judicial age assessment. Criminal law – Defilement (C/S 123(1)) – Proof of age of complainant – judicial observation and common-sense assessment as admissible proof – Uncorroborated complainant’s testimony in sexual offences – warning to assessors – identification by conduct and immediate presentation – sentencing: deterrence balanced with mitigation and remand credit.	28 April 2003
Crane Bank Ltd v Mrs. Anke Alemoyehu, Rainbow Intern.School (H.C.C.S NO. 927 OF 1999 ) (H.C.C.S NO. 927 of 1999) [2003] UGHC 76 (23 April 2003) Bank awarded US$23,159 against drawer and account-holder for dishonoured cheques; no duress established. Bills of Exchange Act – dishonoured cheques – liability of drawer and account-holder; s.30(1) presumption of party for value; burden to prove absence of consideration; duress/countermand not proved; award of principal, interest and costs.	23 April 2003
Uganda v Omach Patrick (HCT-00-CR-SC-0025 of 2003) (HCT-00-CR-SC-0025 of 2003) [2003] UGHC 8 (14 April 2003) Accused convicted of defilement after complainant, medical and witness evidence defeated his alibi; sentenced to eight years. Criminal law – Defilement – Essential ingredients: complainant under 18; unlawful carnal knowledge; accused’s participation – Evidence – medical report corroborating sexual intercourse; corroboration by a window witness – Identification and alibi – Positive ID defeats alibi – Sentence: mitigation (first offender, remand credit) and aggravation (abuse of position).	14 April 2003
Uganda v Wanican Alex (HCT-00-CR-SC-0023 of 2003) (HCT-00-CR-SC-0023 of 2003) [2003] UGHC 7 (11 April 2003) Whether the prosecution proved all elements of defilement and whether unsworn child testimony was sufficiently corroborated. Criminal law – Defilement – Elements: age, unlawful sexual intercourse, accused’s responsibility – Child of tender years: unsworn evidence requires corroboration – Medical and circumstantial evidence as corroboration – Circumstantial evidence must exclude every hypothesis of innocence – Identification in daylight – Sentencing: death is statutory maximum but mitigating factors and remand credit may lead to lesser term.	11 April 2003
Uganda Vs. Onyango Moses (Crim. CasNo-281 Of 2002 ) (Crim. CasNo-281 of 2002) [2003] UGHC 108 (7 April 2003) Recent possession and identification established participation, but use of a deadly weapon by the accused was not proved. Criminal law – Robbery – Elements: theft, violence or threat by a deadly weapon, and participation; proof beyond reasonable doubt required. Identification – victim familiarity and circumstances considered for positive identification. Recent possession – raises strong presumption of participation where no innocent explanation given. Use of deadly weapon – specific proof that accused used or threatened weapon required for s.273(2). Conviction on lesser cognate offence – s.86 T.I.D. permits conviction on a minor offence proved by the facts.	7 April 2003
Uganda Vs. Kinyera David (Crim Case No. 259 Of 2002) (Crim Case No. 259 of 2002) [2003] UGHC 107 (3 April 2003) Discredited identification and scanty ammunition evidence meant no prima facie case for murder or robbery. Criminal law – No case to answer – Prima facie evidence required – Identification evidence discredited by inconsistent prior statements – Recovery of ammunition insufficient to prove robbery or murder – S.71(1) T.I.D. acquittal.	3 April 2003
Uganda Vs. Wafula Asuman Kasim Alias Wabwire (Crim. Case No.283 Of 2002) (Crim. Case No.283 of 2002) [2003] UGHC 110 (1 April 2003) Prosecution failed to prove identity and participation; contradictions in eyewitness evidence led to acquittal for lack of a prima facie case. Criminal law – Murder – ingredients of offence (death, unlawful cause, malice aforethought, participation) – Prima facie case test – identification and witness credibility – contradiction fatal to prosecution case – acquittal under s.71(1) T.I.D.	1 April 2003