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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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9 judgments
Citation
Judgment date
August 2005
Uganda v Mperuka David (HCT-05-CR-SC-0123 of 2003) (HCT-05-CR-SC-0123 of 2003) [2005] UGHC 13 (31 August 2005)
Eyewitness and medical s.66 evidence proved rape of a mentally ill woman; accused convicted and sentenced to seven years.
Criminal law – Rape – proof of penetration by medical and circumstantial evidence; competence of s.66 Trial on Indictments evidence; single-witness identification – Nabulere principles; consent – evidence of resistance; sentencing – aggravation (victim mentally ill) and mitigation (first offender, remand).
 31 August 2005
Stephen Sekandi and Another v Dokoria Ekunyat and Another (HCCS NO. 325 of 2004) (HCCS NO. 325 of 2004) [2005] UGHC 12 (30 August 2005)
Defendant held liable for negligent driving; damages awarded but reduced due to inadequate evidentiary proof.
* Motor-vehicle negligence – owner’s liability for driver’s negligent driving – proof by accident occurrence and driver’s conviction. * Damages – quantum of special damages – necessity of documentary and witness evidence (repair invoices, mechanic’s testimony, police report) to substantiate large repair claims. * Evidence – effect of lack of traffic report, sketch plan and primary witnesses – discretionary reduction of claimed amount.
 30 August 2005
Dominic Mununura v Cissy Bamuhigire,Administrator Of Bruno Bamuhigire Estate (HCT-05-CV-CS-0083-2002 ) (HCT-05-CV-CS-0083-2002) [2005] UGHC 109 (25 August 2005)
A plaintiff’s specific performance claim is not time-barred and need not be struck out where the earlier suit has been dismissed.
Civil Procedure Act s.6—abstention where matter directly and substantially in issue in a previously instituted suit pending; Order 21 r.4(1)—proper procedure after death of a party; Limitation Act s.3(6)—claims for specific performance/equitable relief excluded from ordinary limitation periods; possession and characterization of relief relevant to limitation inquiry.
 25 August 2005
Supermax Ambrose & Anor v Uganda (HCT-05-CR-CN-001-2005) [2005] UGHC 80 (19 August 2005)
Criminal law
 19 August 2005
Dr.Gad Matsiko v Levi Kwirigira (HCT-05-CV-CA-0023-2003 ) (HCT-05-CV-CA-0023-2003) [2005] UGHC 107 (18 August 2005)
Respondent failed to prove ownership of disputed iron sheets; judgment set aside for insufficient evidence and unproven special damages.
Evidence — burden of proof on claimant to prove ownership of goods; documentary inconsistency and gauge discrepancies undermine ownership claims; special damages must be specifically pleaded and proved; appellate fresh scrutiny of factual findings.
 18 August 2005
Josephine Karihungu v Byimana James (HCT-05-CV-CA-005-2003 ) (HCT-05-CV-CA-005-2003) [2005] UGHC 103 (18 August 2005)
An administrator's claim is not res judicata where the earlier judgment involved different parties and predated administration.
* Civil procedure – res judicata – section 7 Civil Procedure Act – requirements of same parties or their privies and directly and substantially same issue. * Probate/administration – letters of administration obtained after prior judgment do not render later estate claims res judicata. * Property law – prior trespass judgment against another person does not determine estate title.
 18 August 2005
Hussein Mohammed And 7 Ors v Waheed Karim & 2 Ors. (Cv. Cs. No. 501 Of 05) (Cv. Cs. No. 501 of 05) [2005] UGHC 118 (17 August 2005)
Suit dismissed for failure to serve summons to file a defence within prescribed time; prior judgment not res judicata.
* Civil procedure – Service of process – Summons to file a defence – Requirement to serve within 21 days under Order 5 Rule 1 (as amended) – Failure to serve and absence of extension of time – Dismissal of suit. * Res judicata – Whether earlier appeal judgment disposes of issues in the present suit – court finds no res judicata.
 17 August 2005
Steven Pepe v The Registrar of Titles (HCT-00-CV-MC-0070-2004) [2005] UGHC 45 (9 August 2005)
Registrar must register a caveat protecting a purchaser’s interest and should explain any refusal to register title.
* Registration of Titles – Caveat – Duty to register a caveat where purchaser demonstrates an equitable interest; * Registrar’s refusal to register – requirement to explain or be called to court to substantiate reservations; * Reliance on Andrea Lwanga v Registrar of Titles regarding Registrar’s obligations.
 9 August 2005
Odo Tayebwa v Bushenyi District Local Council,Attorney General (HCT-05-CV-MA-0106-2005 ) (HCT-05-CV-MA-0106-2005) [2005] UGHC 93 (3 August 2005)
Application for certiorari and prohibition dismissed as premature; statutory removal procedure complied with and Handbook rules subordinate.
Administrative law – judicial review – certiorari and prohibition require an existing decision or clear excess of jurisdiction; Local Governments Act s.12(6A),(6C) – statutory procedure for removal of district speaker; Model Rules subordinate to statute; premature applications for prerogative relief dismissed.
 3 August 2005