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. 

Physical address
Plot 2, the Square Kampala
44 judgments

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44 judgments
Citation
Judgment date
December 2007
State proved kidnapping and participation but failed to prove force or intent to murder; convicted on lesser offence.
Criminal law – Kidnapping with intent to murder – ingredients of the offence; Evidence – proof beyond reasonable doubt of force, victim’s will and intent; Chain of custody and admissibility of expert analysis; Conviction on lesser cognate offence (s.87 Trial on Indictments Act) – s.244 Penal Code.
17 December 2007

 

14 December 2007
Clearing agent acted without authority and negligently; importer awarded storage, counsel fees, general damages, interest and costs.
Customs law – clearance by agents – requirement of written authorization under Sections 125 and 127 East African Customs and Transfer Management Act; agency without authority; negligence by clearing agent for failure to correct under-declaration; recovery of storage charges, counsel fees, general damages, interest and costs.
9 December 2007
The accused's conviction for aggravated defilement rested on victim testimony, corroborative parental evidence and an admitted medical report.
* Criminal law – Aggravated defilement – proof of age, penetration and identity; reliance on victim and medical evidence. * Evidence – Section 66 Trial on Indictment Act – memorandum of agreed facts deemed proved; admissibility of medical report without calling the doctor. * Defence – alibi and unsworn denial – evaluation against prosecution evidence and conduct (evading arrest).
9 December 2007
Indictment under repealed statute upheld; medical evidence established victim under 14, leading to accused's conviction for aggravated defilement.
Criminal law – Defilement/Aggravated defilement – Elements: victim under 14, penetration, identity of assailant; medical evidence (s.66 Trial on Indictment Act) for age and penetration; effect of repeal and Interpretation Act s.13(2)(e) on indictments; accused’s right to silence.
6 December 2007
Bail pending appeal after conviction is exceptional and requires an overwhelming probability of success; application dismissed.
Criminal procedure – Bail pending appeal after conviction – Constitutional bail provisions apply to pre-trial remand – Bail after conviction requires exceptional circumstances or overwhelming probability of success; circumstantial evidence may sustain conviction.
5 December 2007
November 2007
Terminations by a university committee without statutory procedure or hearing were void; applicants awarded back pay and interest.
Administrative law – Judicial review – Competence of representative affidavit; Employment law – Public university staff – Jurisdiction to remove staff under Universities and Other Tertiary Institutions Act and university rules; Natural justice – Right to be heard (audi alteram partem); Remedies – Certiorari, remittal, payment of salaries and interest; No general damages awarded.
29 November 2007
An administrator-beneficiary occupying estate property must account, while the registered proprietor's title remains protected.
Succession and administration — matrimonial home vs. residential holding — proprietary rights of registered proprietor over constructions by deceased — administrator-beneficiary's occupation and accounting obligations — intermeddling and Trespass — duty to file inventory and accounts under Succession Act s.278 — Court of Appeal remittal and trial completion.
9 November 2007
October 2007
Lack of independent corroboration for a child’s evidence and a viable alibi created reasonable doubt, resulting in acquittal.
Criminal law – Defilement (s129 Penal Code) – Evidence of child of tender age – Section 40(3) Trial on Indictments Act requires independent corroboration; derivative evidence from parent insufficient; alibi and time discrepancy may raise reasonable doubt.
22 October 2007
Court admitted a late-tendered newspaper printout as relevant, finding any prejudice curable by further instructions and recall.
Evidence – admissibility of late-tendered documents; relevance of authorship to wrongful dismissal claim; discretion under s.135 Evidence Act; Order 6 Rule 1 and departure from pleadings; prejudice curable by adjournment and recall for cross-examination.
11 October 2007
Court reopened hearing to admit respondents' supplementary affidavit and ordered deponents to attend for cross-examination.
Judicial review – interlocutory procedure – re-opening of hearing to admit supplementary affidavit by respondents; attendance and cross-examination of public officer deponents (Attorney General, Secretary to the Treasury); leave to file reply within seven days; costs in the cause.
10 October 2007
Tribunal findings of unlawful arrest and torture upheld; statutory limitation did not bar the complaint, but damages were reduced.
Human Rights — unlawful arrest, torture and degrading treatment — credibility of complainant — limitation: Civil Procedure & Limitation Act (Cap.72) sections 2 and 3 inapplicable to UHRC complaints — UHRC five-year filing limit (s.24) — quantum of general damages — apportionment to private actor — interest and costs.
5 October 2007
Fraudulent letters of administration vitiate subsequent transfers; company held not bona fide and title cancelled, land restored.
• Succession and land registration – Letters of Administration procured by fraud void ab initio – transfers based on such letters nullified. • Fraud – fraud of an administrator imputable to a company where the administrator is principal officer and signatory. • Registered title – protection of a registered proprietor lost where registration procured by fraud; bona fide purchaser doctrine defeated by notice and imputable fraud. • Possessory and equitable interests – occupation and succession register constitute notice of beneficiaries’ interests. • Reliefs – cancellation of fraudulent transfers, restoration to original registered proprietor, delivery of possession and costs.
5 October 2007
Court granted interim relief under the Arbitration Act ordering release of contractor’s property after client default and nonappearance.
Arbitration Act s.6 – interim measures of protection by court; Rule 13 First Schedule – chamber summons procedure; Ex parte relief where party fails to respond to arbitration notice or chamber summons; Contractor’s right to retrieve materials/plant after termination; Sections 33 Judicature Act and 98 CPA surplus where Arbitration Act provides remedy.
3 October 2007
September 2007
Landlord breached reimbursement memorandum; tenant awarded renovation and utility costs with interest and costs.
Tenancy agreement – existence and enforceability; Breach of memorandum to reimburse renovation and utility costs; Damages and interest for unpaid expenditures; Late-filed defence and evidential effect.
24 September 2007
Beneficiaries/occupants can sue to recover estate land; fraud invalidated title and purchaser with notice lost bona fide protection.
Land law – beneficiaries and occupants may sue to protect estate land without letters of administration; Fraud – where an administrator procures title and sells without consent, fraud may be established even with limited particulars; Registered title – bona fide purchaser defence defeated where purchaser had notice of dispute; Jurisdiction – Magistrate Grade I has no power to cancel registered certificates of title; Evidence – photocopies not challenged at trial will not vitiate proceedings.
11 September 2007
August 2007
Interlocutory judgment set aside for administrative failure to pass on service; leave granted to file a defence.
Civil procedure – setting aside default/interlocutory judgment – sufficient cause where internal administrative lapse prevented timely filing; Advocates’ professional conduct – advocates should not depose as witnesses in contentious matters; Local Government law – duty to accept service under Regulation 26 (Third Schedule, Local Governments Act, Cap. 243) – administrative failures may expose councils to adverse judgments.
31 August 2007
Administrator succeeds in having a fraudulently obtained title cancelled and re-registered in the estate’s name.
* Land law – fraudulent transfer – forgery of vendor’s signature – handwriting expert evidence establishing forgery. * Registration of Titles Act – registration obtained by fraud voids title; cancellation and rectification of register. * Remedies – cancellation of certificate of title and registration in administrator’s name; damages discretionary.
22 August 2007
Plaintiffs not entitled to gratuity, pension; proper forum for NSSF claims is Judicial Review proceedings.
Employment law – Gratuity – NSSF contributions – Locus standi in employment benefits claims – Pension entitlement for public officers.
21 August 2007
Leave granted to seek mandamus compelling the State to pay an unpaid decretal sum; execution against government unavailable.
* Judicial review – leave to apply for mandamus to compel State compliance with decretal judgment – execution against government not permitted – O.46A r.4 CPR.
13 August 2007
July 2007
Letters of administration obtained by concealing the deceased's child and Will were revoked; the child has priority to administer the estate.
Succession law — priority of heirs — child takes precedence over grandchildren; revocation of letters of administration under Succession Act s.234 for fraud; credibility and admissibility of evidence; Administrator‑General certificate of no objection obtained by concealment.
25 July 2007
Adoption by a foreign relative allowed where statutory requirements met and the children’s welfare is paramount.
Adoption law – Children Act Cap 59 – s3 welfare paramount; s45(1) age and age‑difference for sole applicant; s46 foreign adopters – residence, foster period, clearances, foreign recognition; relative exception to fostering; post‑order registration and passport formalities.
17 July 2007
Leave granted to bring judicial review where leasehold allegedly alienated without hearing and prima facie case established.
Judicial review — Leave to apply — Burden on applicant to show prima facie entitlement to leave; seriousness of complaint relevant to discretion; natural justice — right to be heard where leasehold interests are allegedly alienated; remedies — certiorari, mandamus, injunction, damages.
12 July 2007
June 2007
Inadequately recorded locus in quo proceedings, and reliance on an insufficient sketch map, required a retrial; parties to bear own costs.
Civil procedure – locus in quo visits – procedural safeguards and recording requirements; evidence on oath and right to cross-examination; insufficiency of sketch map as substitute for recorded proceedings; failure to observe locus in quo procedure necessitating retrial.
28 June 2007
Court convicted three accused of murder; dismissed confessions taken by an under-ranked detective and acquitted two for insufficient evidence.
Criminal law – Murder – Ingredients: death, unlawfulness, malice aforethought, causation – Identification evidence – Admissibility of confessions – Confession received only by officer of rank Assistant Inspector or above – Flight as corroboration – Joint enterprise/common intention – Committal discretion of DPP.
13 June 2007
May 2007
Accused convicted of simple robbery where threat proven but use of a deadly weapon was not established.
Criminal law – Aggravated robbery – Elements: theft, threatened violence, deadly weapon, participation; Extra‑judicial/confessional statements – repudiation and need for corroboration; Doctrine of recent possession – possession soon after theft as corroborative evidence; Alibi – burden remains on prosecution to disprove.
23 May 2007
Summary dismissal without hearing or notice was unlawful; prosecution not malicious, plaintiff awarded pay in lieu, leave, general damages, interest and costs.
Employment law – wrongful summary dismissal; breach of natural justice and contractual notice requirements; malicious prosecution – reasonable and probable cause; damages for unlawful termination.
10 May 2007
April 2007
Accused convicted of murder based on credible voice identification, common intention, and medical evidence and sentenced to death.
Criminal law — Murder: proof of death and malice aforethought; identification evidence (voice recognition in darkness); corroboration; alibi; common intention (section 20 Penal Code Act); sentencing (death penalty).
20 April 2007
Non-compliance in voter registration found but petitioner failed to prove irregularities substantially affected election result; petition dismissed.
Local government elections – Voter registration and display – failure to update/clean voters' register – multiple registration and multiple voting – evidentiary value of affidavits (proper commissioning and translation) – standard of proof: balance of probabilities – substantial effect test for annulling elections – candidate's liability for illegal practices by agents.
17 April 2007
Court granted a temporary injunction preserving the status quo and preventing eviction pending resolution of ownership dispute.
Interlocutory injunction — maintenance of status quo pending trial — prima facie case required — irreparable harm where monetary compensation inadequate — balance of convenience, including minors' interests and parties' inability to pay damages.
12 April 2007
March 2007
A local government employee's removal and salary withholding, challenged as ultra vires and procedurally unfair, resulted in dismissal of relief.
Administrative law – judicial review – disciplinary authority over local government officers – jurisdiction – natural justice – application for mandamus and certiorari – whether Chief Administrative Officer acted ultra vires – whether applicant was denied a hearing.
27 March 2007
Temporary injunction granted to customary occupant over 128 sq. metres wrongly included in proprietor's title; tribunal's refusal reversed.
Land law – Temporary injunction – Prima facie case; irreparable injury; balance of convenience – Customary kibanja occupancy vs registered title – Security of tenure for occupants of mailo/freehold/leasehold land.
19 March 2007
Employer must pay contractual terminal benefits when misconduct allegations are unproven; unpleaded special damages are not recoverable.
Employment law – terminal benefits under voluntary retirement package; Pleading – special damages must be pleaded; Interpretation of contractual/board circular wording "in the service" as continuous service; Employer’s withholding of benefits for alleged misconduct requires proof; Interest and costs awarded for delayed payment.
15 March 2007
Inspectorate may move Court to review a consent judgment and has locus despite section 19(1) IG Act limitations.
• Administrative law – Inspectorate of Government – powers to move Court to seek review or set aside of consent judgments despite s.19(1) IG Act prohibition. • Constitutional law – independence and capacity of Inspectorate of Government to sue and be sued; locus to protect public funds. • Government representation – weight of Attorney General’s opinions vs. independence of constitutional bodies. • Evidence procedure – non-fatality of technical defects in affidavits where cured by affidavit body and subsequent filings.
15 March 2007
Applicant failed to establish prima facie triable issues; leave to defend refused and judgment entered for respondent for Shs.25,700,000.
* Civil procedure – Summary suit (Order 33/Order 36) – Leave to appear and defend – applicant must show prima facie triable issue of fact or law. * Practice – Applicant seeking leave should annex proposed defence to permit assessment of whether a meritable defence exists. * Evidence – Bare allegations of coercion insufficient where the claim rests on broader facts that the applicant received money for land and failed to deliver. * Procedure – Failure to particularise offsets, losses or mode of payment may render a defence sham and warrant dismissal of leave application.
8 March 2007
February 2007
Child’s testimony corroborated by medical and circumstantial evidence led to conviction for murder.
* Criminal law – Murder – Elements: death, unlawfulness, malice aforethought, participation – proof beyond reasonable doubt. * Evidence – Child witness – evidence of child of tender years requires corroboration in material particulars. * Evidence – Circumstantial evidence – corroboration by forensic findings, weapon, flight and failure to report. * Inference of malice aforethought from weapon used, location and number of wounds, and assailant’s conduct.
7 February 2007
Failure to prove use of a deadly weapon reduced aggravated robbery to simple robbery despite reliable identification.
* Criminal law – robbery – aggravated robbery – requirement to prove theft, violence and use of a deadly weapon; identification evidence and cautionary approach; evidential weight of exhibits lacking provenance; prosecution duty to disprove alibi.
7 February 2007
Whether prosecution proved aggravated defilement by establishing the victim's age, penetration, accused's identity, and authority.
* Criminal law – Aggravated defilement – ingredients: victim under 18, penetrative sexual intercourse, identity of the offender, offender a parent/guardian/person in authority. * Evidence – Victim's testimony as primary proof of penetration and identity; corroboration by medical examination and observation of pregnancy. * Evidence – Age estimation: witness testimony on date of birth and dental/medical opinion admissible for age determination. * Procedure – Amendment of indictment to reflect statutory aggravating circumstances not fatal where no prejudice shown. * Trial practice – Assessors' opinions are advisory; trial judge may convict where assessors are misdirected and court is satisfied beyond reasonable doubt.
3 February 2007
First and second accused convicted of murder where eyewitness and post-mortem evidence established common intention.
Criminal law – Murder: elements - death, unlawful causation, malice aforethought; Identification – reliability of sole eyewitness in daylight and known parties; Alibi – prosecution duty to displace; Common intention – joint liability where one incites and both participate in violent assault.
1 February 2007
January 2007
Leave granted to seek judicial review of eviction from land alleged to be a forest reserve; no interim relief granted.
* Judicial review – Leave to apply for writs of mandamus and prohibition – Leave grantable where applicant discloses a serious complaint warranting investigation. * Land law/forestry – Alleged occupation of forest reserve; question whether applicants fall within reserve boundaries. * Pre-existing judgment – Earlier suit finding settlers unlawfully in reserve does not determine leave stage outcome. * Interim relief – Declined at leave stage to avoid prejudice to parties in earlier proceedings.
24 January 2007
Election annulled where electoral commission compromised appointment processes and polling irregularities substantially affected the result.
Parliamentary elections – standard of proof – s.61(3) balance of probabilities; electoral administration – unlawful removal/appointment of returning officer; candidate nomination of polling officials and commission’s loss of independence; unsigned Declaration of Results forms and polling irregularities; bribery allegations – insufficiency where evidence is hearsay or anonymous; annulment where non‑compliance substantially affects result.
23 January 2007
Significant disenfranchisement, forged/altered declaration forms and bribery materially affected the election outcome; election set aside and fresh poll ordered.
Election law – Parliamentary Elections Act 2005 – non‑compliance with electoral procedures; disenfranchisement through removal of polling stations; forged/altered declaration forms and arithmetic discrepancies; failure to provide DRF copies to agents; inadequate lighting for counting; bribery and corrupt practices by candidate or agents; substantial effect on result – election annulled.
18 January 2007
Court quashed a backdated second recount and ordered the applicant declared elected based on the initial recount.
* Election law – recounts – whether recount request covered one or two polling stations; backdating of requests and fabricated recounts. * Judicial review – prerogative remedies (certiorari, mandamus) – grounds: illegality, irrationality, procedural impropriety. * Electoral officials’ duties – impartiality and fairness under Article 61(a), Electoral Commission Act s30(5)(a), Parliamentary Elections Act s78(g). * Declaration of election result – obligation under Local Governments Act s135 to declare winner after recount.
18 January 2007
Petitioner failed to prove the declared winner was improperly nominated; petition dismissed with costs.
Electoral Law – Nomination – proof of qualification – Diploma as evidence of A-level equivalence; burden of proof in election petitions; locus standi of unsuccessful candidate; necessity to plead and prove fraud/identity allegations with particulars.
7 January 2007