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
12 judgments

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12 judgments
Citation
Judgment date
February 2011
A long-dormant suit was dismissed under Order 17 r.6(1) CPR where no steps were taken for over two years; late counsel instruction was insufficient.
Civil procedure – Dismissal for want of prosecution – Order 17 rule 6(1) CPR – No application or step taken for over two years – Belated instruction of new counsel not sufficient cause – Discretion to dismiss with costs.
28 February 2011
Court finds Tribunal erred in rejecting input/output method and remits for reassessment of correct tax.
Tax Law – VAT assessment – Satisfaction of the Commissioner with taxpayer returns – Use of input/output method – Legal basis and application under VAT Act.
25 February 2011
High Court overturns trial court ruling on land ownership due to procedural errors and inadequate proof of succession.
Land Law – Ownership claims – Succession Act compliance – Locus in quo proceedings – Judicial discretion in awarding damages.
21 February 2011
A deed poll name change does not invalidate prior voter registration or lawful nomination; appeal dismissed with costs.
* Electoral law – complaints and appeals – whether a response by the Chairman constituted a Commission decision under s.15 – locus to appeal. * Election law – change of name by deed poll – effect on voter registration and validity of nomination where name on register differs from assumed name. * Administrative procedure – requirement for Commission to be constituted under s.8 versus practical recognition of communicated decisions.
21 February 2011
A party’s belated attempt to withdraw or substitute a candidate cannot displace a validly endorsed nominee recognized by the Electoral Commission.
Electoral law – Candidate nomination – Validity of party-endorsed nomination papers endorsed by an authorized signatory notified to the Electoral Commission; Affidavit formalities – technical defects not fatal; Jurisdiction – High Court appeals from Commission; Party internal disputes – belated substitution of candidates after recognition by Electoral Commission.
17 February 2011
Court dismissed a late preliminary objection and held a candidate qualification challenge remains justiciable despite Electoral Commission jurisdiction.
Civil procedure – preliminary objections: timing and competence; Election law – candidate qualifications; Jurisdiction – Electoral Commission (s.15) versus High Court; Mootness of election relief after primaries.
17 February 2011
The court upheld the validity of a property purchase by a minor's representative, rejecting claims of unlawful entry and theft.
Property Law – Validity of a contract for purchase by a minor's representative – Unlawful property entry and alleged agreement theft.
16 February 2011
Whether an applicant employed by a university-owned company must resign under s.116(5) before election nomination.
Electoral law — Resignation requirement under Local Governments Act s.116(5) — Definition of public officer — Corporate personality — University-owned limited company treated as separate legal entity — Lifting the corporate veil not warranted absent sham.
16 February 2011

 

11 February 2011
Petition by non-electoral-college members challenging party district elections dismissed for lack of locus standi and prematurity.
Internal party elections – locus standi – only District Conference members form the Electoral College; Election challenges – requirement to be an unsuccessful contestant under party Regulations No.1 of 2009; Exhaustion of internal remedies – disputes must first be taken to the NRM District Elections Tribunal; Procedural irregularity – documents not in pleadings may be struck off.
8 February 2011
Minor form deviations in a Certificate of Equivalence do not void a nomination if consultation and substance are proven.
Electoral law – Parliamentary Elections Act – Certificate of Equivalence – prescribed form v. substantive compliance; NCHE consultation with UNEB; Interpretation Act s.43 – deviations not fatal if substance unaffected; requirement to establish qualifications with Electoral Commission two months before nomination – proof and administrative procedure; voter registration discrepancies – effect on nomination.
7 February 2011
Appeal allowed: respondent failed to prove wrongful dismissal; evidence established abscondment and suit dismissed.
Employment law – wrongful dismissal v. abscondment – evaluation of oral and documentary evidence; prior related judgment as corroborative evidence; cause of action and appellate review of factual findings; damages awarded where claimant did not prove dismissal.
1 February 2011