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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
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10 judgments
Citation
Judgment date
June 2003
Ajanta Kethan Thakkar v Kethan Thakkar (DIVORCE CAUSE NO.3 OF 2002. ) (DIVORCE CAUSE NO.3 of 2002.) [2003] UGHC 45 (26 June 2003)
Decree nisi granted for divorce based on husband's conversion and adultery; custody and maintenance awarded to the petitioner.
Family law – Divorce – Conversion of spouse from Hinduism to Christianity as ground for divorce under Hindu Marriage and Divorce Act; Adultery – proof by inference and unchallenged admissions – balance of probabilities; Constitutional law – equality and non‑discrimination (Arts.21,31(1),33) and application of Art.273 to read Divorce Act gender‑neutrally; Reliefs – custody, educational expenses, periodic maintenance and costs; Decree nisi and timing for becoming absolute.
 26 June 2003
Uganda v Kyoterekera Mike (HCT-00-CR-SC-0097 OF 2002) (HCT-00-CR-SC-0097 of 2002) [2003] UGHC 26 (23 June 2003)
Acid assault causing fatal inhalation injuries established malice aforethought; the accused convicted of murder and sentenced to death.
Murder — elements: death, unlawful cause, malice aforethought and participation; corrosive substance (sulphuric acid) as lethal weapon; inference of intent from nature of weapon, injuries and conduct; identification evidence and caution in visual ID; accused's burden to rebut presumption of unlawful killing; mandatory death sentence on conviction.
 23 June 2003
Uganda v Muwonge John (HCT-00-CR-SC-0116 of 2002) (HCT-00-CR-SC-0116 of 2002) [2003] UGHC 10 (20 June 2003)
Court convicted accused of defilement of a child on corroborated child and lay evidence and sentenced him to 19 years' imprisonment.
Criminal law – Defilement – Elements: victim’s age, intercourse, accused’s participation – Child of tender years: unsworn testimony corroboration (s.38(3) TID) – Absence of medical examiner’s testimony not necessarily fatal where cogent corroborative evidence exists – Sentencing: aggravating factors (very young victim, breach of duty/trust) v. mitigation (first offender, remand credit).
 20 June 2003
Ziraguma Emmanuel and Another v The Most Rev. L.M Nkoyoyo (HCT-00-CV-CS-0282-2003) (HCT-00-CV-CS-0282-2003) [2003] UGHC 27 (16 June 2003)
Interlocutory injunction refused because granting it would not preserve the status quo and would effectively decide the main suit.
Civil procedure – interlocutory injunctions; purpose to preserve status quo – injunctions will not be granted where they would decide substantive issues; requirements for injunctions (prima facie case, probability of success, irreparable harm, balance of convenience); internal church governance – caretaker powers under church constitution; court reluctance to intervene where injunction would dispose of main suit.
 16 June 2003
Livingstone Kyofa Mpiima v Elizabeth Nanteza (CIVIL SUIT NO. 853 OF 1989 ) (CIVIL SUIT NO. 853 of 1989) [2003] UGHC 36 (12 June 2003)
Contract for sub-lease existed and was breached; specific performance refused due to change to mailo tenure, general damages awarded.
Land law – sub-lease agreement – existence and breach; remedies – specific performance versus damages; customary tenancy and equitable interest – limits on claiming market value; proof of special damages; effect of land tenure conversion (leasehold to mailo) on enforceability of sub-leases.
 12 June 2003
Semakula v Steven Kaziro (Civil Suit No. 1309 of 1998) [2003] UGHC 116 (11 June 2003)
Court upheld lawful acquisition of land, rejecting defendant's customary tenancy claims, ordered eviction and awarded damages.
Land Law - Title acquisition - Customary tenancy - Nullification of prior transactions under Expropriated Properties Act.
 11 June 2003
Semakula v Steven Kaziro (Civil Suit No. 1309 of 1998) [2003] UGHC 117 (11 June 2003)
11 June 2003
Olebo v Alegete (Hct-04-cv-ma-0028/2003) [2003] UGHC 102 (10 June 2003)
High Court set aside L.C. I and L.C. II proceedings for lack of lawful constitution and material irregularity, ordering retrial in Magistrate Grade I.
Local council courts – constitution and quorum – Resistance Committees (Judicial Powers) Statute 1988 s.3(1) & s.3(4); Revision – High Court powers under s.84 Civil Procedure Act where lower tribunals acted illegally or with material irregularity; Appellate power of L.C. II to hear de novo – s.28; Procedural fairness – service and absence of party at revisional hearing.
 10 June 2003
Quick Cargo Handling Services Ltd v Iron Steel Wares Ltd & Ors (CIVIL SUIT NO. 328 OF 2002. ) (CIVIL SUIT NO. 328 of 2002.) [2003] UGHC 43 (5 June 2003)
Detinue claim accrues on refusal after demand and is not time‑barred; a likely non‑existent third defendant must be struck out.
Civil procedure – Order 7 r.11 – When plaint discloses a cause of action – application of Auto Garage tests. Pleadings – capacity of defendant – imprecision as to capacity is for evidence, not ground for striking out. Company identity – suit against non‑existing or wrongly named corporate entity is a nullity; name may be struck from plaint. Tort – Detinue as a continuing tort – cause of action arises on demand and refusal; limitation runs from that date.
 5 June 2003
Uganda v Kabalebe Yusuf (Criminal Session Case No. 23 of 2003) (Criminal Session Case No. 23 of 2003) [2003] UGHC 62 (4 June 2003)
Insufficient asportation to prove theft; the accused convicted of attempted robbery and sentenced to seven years.
Criminal law – Aggravated robbery – Elements: theft (asportation), violence, use/threat of deadly weapon, participation – Asportation requirement for theft – Attempted robbery where asportation insufficient – Identification evidence – Ballistics and witness evidence – Sentence for attempted robbery.
 4 June 2003