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

13 judgments

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13 judgments

Citation	Judgment date
June 2005
Rutafururwa & 9 oers v Kamirama (H.C.C.A.NO. 13/91 ) (H.C.C.A.NO. 13/91) [2005] UGHC 89 (30 June 2005) Whether an R.C.III document constituted a judgment for res judicata purposes — court held it was a report, not a judgment. Civil procedure – Res judicata – Earlier matter must have been heard and determined for res judicata to apply – Examination of judgment and record required. Local council (R.C.III) records – What constitutes a judgment – absence of record and single signatory may indicate a report not a judgment Evidence – Singular language and lack of names/signatures undermine presumption of proper hearing	30 June 2005
Alpha International Investment Limited v Akida (Miscellaneous Application No.88 of 2004) [2005] UGHC 7 (29 June 2005) Banking, Finance and Insurance Law	29 June 2005
Moses Ali v Monitor Publications Ltd (Civil Suit No.415 of 2002) [2005] UGHC 6 (29 June 2005) Defamation\|HR	29 June 2005
Venansio Babweyaka and Others v Kampala District Land Board and Another (Civil Suit No.511 of 2001) (Civil Suit No.511 of 2001) [2005] UGHC 5 (29 June 2005) District Land Board’s failure to verify occupants and observe natural justice rendered the respondent’s lease and title unlawful. Land law – urban occupancy – unregistered but registrable usufruct/occupational interests – District Land Board duty to verify occupation and observe natural justice – improper reliance on Local Council of wrong zone – invalidity of lease and title where occupants’ interests ignored; entitlement to declarations, injunction, deregistration and damages.	29 June 2005
Aida Rukumbagaza v Keith Rukumbagaza Kanziira (HCT-05-CR-MA-0074-2005 ) (HCT-05-CR-MA-0074-2005) [2005] UGHC 117 (24 June 2005) Temporary injunction granted to preserve the suit land pending trial due to risk of irreparable injury from proposed excavation and transfer. Civil procedure – Interim injunction – Preservation of status quo – Requirement to show irreparable injury and inadequacy of damages – Ex parte hearing where respondents served but absent – Procedural irregularity (invocation of non-existent section) not necessarily fatal to substantive relief.	24 June 2005
Tushabe v The Cooperative Bank (In Liquidation) (H.C.C.S No. 815/2000) [2005] UGHC 147 (20 June 2005) Whether the respondent bank may claim interest after liquidation and whether misposted drafts can be recovered from the applicant. Banking law – breach of banker’s duties – wrongful postings and refusal to supply account documents – entitlement to general damages and quantum. Banking law – effect of regulatory seizure/liquidation on bank’s ability to enforce contractual rights – recovery of interest on outstanding balances Evidence – insufficiency of unsigned deposit slips and hearsay – dismissal of counterclaim for misposted bank drafts. Equitable estoppel – protection where bank’s actions induced reliance and reduced indebtedness	20 June 2005
Uganda v Rugarwana Constance,Hajati Hadifa Ndumba (HCT-05-CV-0001-2005 ) (HCT-05-CV-0001-2005) [2005] UGHC 90 (10 June 2005) L.C.1 proceedings lacked required composition and record particulars, making both the L.C.1 judgment and L.C.II decision null and void. Local Council courts — Composition of court — s.4 Executive Committees (Judicial Powers) Act — quorum and co-option requirements; improper composition renders judgment a nullity Records — s.17 Executive Committees (Judicial Powers) Act — required particulars (date, statement of claim, witnesses' names and addresses) must appear in record Revision/Review — Magistrates Courts Act s.221(3) and application of s.32 of Executive Committees Act to review subordinate court proceedings Appeals to L.C.II — where lower court proceedings are void, subsequent appellate proceedings are likewise null and void	10 June 2005
Bangirana Henry,Gladys Bangirana v Rosemary Bangirana (HCT-05-CV-CA-0019-2004 ) (HCT-05-CV-CA-0019-2004) [2005] UGHC 114 (7 June 2005) Appellate court upholds equal division of jointly pleaded pre-legal-separation property and dismisses appeal with costs. Divorce and property division – scope of court's power to divide joint marital property – relevance of date of legal separation – pleadings determine issues for property distribution – absence of children in pleadings excluding child-related orders – costs follow the event; judicial discretion to award costs.	7 June 2005
Bushenyi District Administration v Ephraim Katorobo (HCT-05-CV-MA-01 26-2000 ) (HCT-05-CV-MA-01 26-2000) [2005] UGHC 112 (7 June 2005) Appeal allowed: suit instituted after expiry of limitation period and plaint should have been rejected as time-barred. Limitation of actions – accrual date – suspension letter dated 2 November 1989 – suit instituted 8 January 1991 – action time-barred; Civil Procedure Rules Order 7 r.1(d) – plaint barred by law must be rejected; illegality cannot be cured by admissions; appellate re-evaluation of evidence on limitation.	7 June 2005
Colombus Rutaruga v Bushenyi Town Council (HCT-05-CV-CS-0095-2003 ) (HCT-05-CV-CS-0095-2003) [2005] UGHC 110 (7 June 2005) Claim for compensation for alleged land encroachment dismissed for lack of proof and being time-barred. Property law – trespass and compensation – whether upgrading a pre-existing murram road constituted taking of customary land; burden of proof on claimant; limitation – two-year period for torts against local authorities and requirements to plead exemption from limitation.	7 June 2005
Kabwanjare George v Bamutonda Rajab (HCT-05-CV-CS-0085-2000 ) (HCT-05-CV-CS-0085-2000) [2005] UGHC 120 (7 June 2005) Defendant liable for Shs. 2,410,000 balance on land sale; plaintiff’s larger claim unsupported by documentary admissions. Sale of land – determination of outstanding purchase price – weight of written acknowledgments and admissions – burden of proof under Evidence Act – interest and costs.	7 June 2005
Karuhanga Wilfred v Attorney General (HCT-05-CV-CS-0097-2004 ) (HCT-05-CV-CS-0097-2004) [2005] UGHC 101 (7 June 2005) Unlawful imprisonment claim time‑barred; malicious prosecution claim timely and allowed to proceed. Limitation – torts against the Government – Cap 72 s.3 two-year period – distinct causes of action (unlawful arrest/imprisonment vs malicious prosecution) treated separately – time runs from release for false imprisonment and from completion of criminal proceedings for malicious prosecution – Order 7 r.11 CPR rejection of time-barred plaint; Order 7 r.6 CPR and disability/exceptions.	7 June 2005
Sepiriano Kabeba,Petero Mushaya v Commissioner Land registration (HCT-05-CV-NA-131-2004 ) (HCT-05-CV-NA-131-2004) [2005] UGHC 85 (7 June 2005) Court ordered correction of title under s.177 to give effect to magistrate's judgment and noted registrar is not a necessary party. Registration of Titles – s.177 application to correct Certificate of Title to give effect to subordinate court judgment – ministerial role of Commissioner Land Registration and necessity of citing the Registrar.	7 June 2005