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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. 

Physical address
Plot 2, the Square Kampala
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http://www.judiciary.go.ug/data/smenu/9/High
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Judgment date
January 2007
Rutaryabusha Eliphaz & Anor v The Attorney General & Anor (Misc. Cause No. 5 of 2007) (Misc. Cause No. 5 of 2007) [2007] UGHC 32 (24 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
In Re: Parliamentary Elections Act, Act 17 of 2005; Kabatsi Joy Kafura v Bangirana Kawooya Anifa and Another (Parliamentary Election Petition No.0001 of 2006) (Parliamentary Election Petition No.0001 of 2006) [2007] UGHC 7 (23 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
Nambooze Betty Bakireke v Bakaluba Peter Mukasa and Another (Election Petition No. 14 of 2006) (Election Petition No. 14 of 2006) [2007] UGHC 6 (18 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
Namuddu Hanifa v Returning Officer, Kampala District and Others (Miscellaneous Cause No. 69 of 2006) (Miscellaneous Cause No. 69 of 2006) [2007] UGHC 5 (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
Ongole James Michael v Electoral Commission and Another (Election Petition No. 8 of 2006) [2007] UGHC 4 (7 January 2007)
Petitioner failed to prove the winner lacked required qualifications; nomination and election upheld and petition dismissed with costs.
Election law – nomination qualifications – proof of A-level or equivalent – Electoral Commission discretion to accept evidence (originals or copies) – NCHE verification where required – identity discrepancies insufficient without independent contrary proof – burden of proof on petitioner – locus standi considerations.
 7 January 2007