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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
9 judgments
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9 judgments
Citation
Judgment date
December 2009
Re: Anthony Mutenyo (Minor) (Family Cause No. 178 of 2009) [2009] UGHC 19 (31 December 2009)
Court grants guardianship to foreign applicants as being in the child’s best interests and permits international travel and registration.
Children law – guardianship – welfare of the child paramount; suitability of foreign adoptive applicants; international transfer and registration of guardianship; permission to obtain passport and travel; annual welfare reporting requirement.
 31 December 2009
Re: Opio Douglas Emmanuel (Child) (Family Cause No. 1 of 2010) (Family Cause No. 1 of 2010) [2009] UGHC 9 (31 December 2009)
Whether appointing the applicant, a foreign national, as legal guardian and permitting relocation serves the child's best interests.
Children law – Guardianship – Paramountcy of child’s welfare; Appointment of foreign national as legal guardian; Conditions for cross-border relocation of a child; Requirement to register orders and submit periodic welfare reports.
 31 December 2009
Mukama Yasoni & 2 Ors. Vs. Soso Peter Bamulagyeyo Kaiso (Civil Appeal No 42 Of 2008) (Civil Appeal No 42 of 2008) [2009] UGHC 208 (16 December 2009)
Appellate court upheld trial finding that respondent held title and that appellants trespassed; constructive possession sufficed to sue.
Land law – ownership and title – evaluation of evidence; trespass to land – constructive possession and locus to sue; locus in quo visits – procedural irregularities not fatal absent miscarriage of justice; customary land formalities inapplicable where tenure is not customary.
 16 December 2009
Jinja Municipal Council & Vs Registered Trustees Of Indian Recreation Club & Anor (Misc. Applic. No 66 Of 2004) (Misc. Applic. No 66 of 2004) [2009] UGHC 210 (15 December 2009)
Third-party occupants lacked locus to review a consent judgment; consent decree upheld absent fraud or material mistake.
Civil procedure – Consent judgment – Setting aside/variation of consent decree – limited grounds (fraud, mistake, misapprehension, contravention of court policy); Locus standi – third parties seeking review under s.82 CPA must show a legal grievance; Expropriated Properties Act – repossession certificates, objector proceedings and statutory remedies.
 15 December 2009
In Re: Odoke Emmanuel (Infant) (Family Cause No. 158 of 2009) [2009] UGHC 100 (14 December 2009)
Court appointed foreign applicants as legal guardians and permitted the child’s migration, subject to registration and reporting conditions.
* Family law – Guardianship – Appointment of foreign nationals as legal guardians of an abandoned child; child’s welfare as paramount consideration. * Evidence – International home study and probation officer’s recommendation as suitability factors. * Orders – Conditions including registration (URSB and embassies), passport, permission to migrate and annual welfare reporting until majority.
 14 December 2009
David Arthur Bagambe v Chief Registrar of Titles & 3 Ors (High Court Civil Suit No.162 of 2006) (High Court Civil Suit No.162 of 2006) [2009] UGHC 103 (13 December 2009)
Registrar unlawfully cancelled a bona fide purchaser’s title; sale by administrator was valid and purchaser reinstated with damages.
Land law – administrator’s power to sell – validity of sale by administrator with letters of administration; Registrar of Titles – duty to afford hearing under section 91 Land Act before cancelling registered interest; caveat law – removal and effect of caveats; bona fide purchaser protection – effect of subsequent annulment of letters of administration; collusion between Registrar and beneficiaries – remedy of reinstatement, injunction, damages and costs.
 13 December 2009
Bamanye Fazil v Nankunda Rose (HCT-00-CV-CA-0007-2009) (HCT-00-CV-CA-0007-2009) [2009] UGHC 136 (11 December 2009)
Non-service of a Written Statement of Defence and counter-claim renders resulting ex parte judgment a nullity; appeal allowed and matter remitted.
Civil procedure – setting aside ex parte decree – requirement of service of Written Statement of Defence and counter-claim – counter-claim as separate suit – leaving pleadings in court file not valid service – ex parte judgment nullity – entitlement ex debito justitiae to set aside.
 11 December 2009
In Re: Adur Taniel Raliha & Reisen Cage Awor (children) (Family Cause No.56 of 2009) [2009] UGHC 108 (10 December 2009)
Applicant met Children Act requirements; court granted inter‑country adoption with registration and annual welfare reporting conditions.
Children Act – Adoption – statutory requirements for sole applicant (age, sex, fostering) – informal fostering under supervision suffices – inter‑country adoption conditions (residence, fostering, criminal clearance, recognition by foreign state) – parental consent unnecessary where parents deceased – adoption granted with registration and post‑adoption reporting conditions.
 10 December 2009
Abahikye Moses V Uganda (Criminal Appeal No. 0010 of 2009) (Criminal Appeal No. 0010 of 2009) [2009] UGHC 85 (3 December 2009)
Appellate court acquitted appellant of embezzlement, upheld causing-financial-loss conviction, but set aside unsupported compensation order.
Criminal law – Embezzlement – ingredients and burden of proof; Criminal law – Causing financial loss – elements and proof of neglect/misappropriation; Appellate review – re-evaluation of evidence and when to disturb trial findings; Compensation – requirement for evidential basis for quantification of loss; Sentencing – appellate interference with sentence.
 3 December 2009