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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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Citation
Judgment date
March 2007
Hamanya v Ntungamo District Local Government Council (HCT-05-CV-MA-030-2006) [2007] UGHC 47 (27 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
Shaban v Miwanda (HCLDCA No. 18 OF 2006) (HCLDCA No. 18 OF 2006) [2007] UGHC 9 (19 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
Farouk S. Mukasa v Posta Uganda (Civil Suit No. 439 of 2004) (Civil Suit No. 439 of 2004) [2007] UGHC 30 (15 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
IGG v Gordon Sentiba & 3 Ors (Misc. Appl. No. 65 of 2007) (Misc. Appl. No. 65 of 2007) [2007] UGHC 34 (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
Stella Banyu v Haji Abdul Migade (Miscellaneous Application No.441 of 2006) (Miscellaneous Application No.441 of 2006) [2007] UGHC 24 (8 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