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

12 judgments

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12 judgments

Citation	Judgment date
May 2011
Goobi v Nabunya (Civil Appeal No. 4 of 2007) [2011] UGHC 65 (30 May 2011) Whether the plaintiff proved an inter vivos gift by handwriting and ownership indicia; appeal dismissed for failure of proof. Evidence — burden of proof in civil cases; proof of handwriting — comparison by court permissible where no expert report is produced; requirements for establishing an inter vivos gift; ownership indicia (payment of rates) and witness credibility in property disputes.	30 May 2011
Nabukeera Hussein Hanifa Vs. Kibuule Ronald & Anor (Election Pet. No. 17 of 2011) [2011] UGHC 64 (30 May 2011) Defective jurats and unmarked annexures in affidavits in election petitions are curable; court ordered supplementary affidavits and costs against respondent. Election petitions – admissibility of affidavits – jurat requirements under Commissioners for Oaths (Advocates) Act s.5 – omission of name/title of officer administering oath – sealing and marking of annexures – curability of defects under Article 126(2)(e) – supplementary affidavits to cure jurat defects – costs awarded.	30 May 2011
Gen. Moses Ali Vs. Hon. Piro Santos Eruaga (Misc. Appl. No. 12 of 2001) [2011] UGHC 62 (20 May 2011) An amended election petition filed after the statutory period and without leave, introducing new causes of action, was disallowed and struck out. Election law – amendment of election petitions – requirement for leave where amendments affect statutory time limits under the Parliamentary Elections Act. Limitation – amendment introducing new cause of action after 30‑day statutory period is barred. Procedure – Rule 17 Parliamentary Elections (Election Petitions) Rules limits application of CPR provisions like Order 6 Rule 20 in election petitions. Affidavits – courts to take liberal view in election matters; formal jurat defects not necessarily incurable.	20 May 2011
Byabagambi v Kenzirekwija (Hct-05-cv-ca-48-2003) [2011] UGHC 184 (19 May 2011) Res judicata unproven without earlier judgment; sale valid; appellant’s claim barred by limitation and laches. Civil procedure – second appeal – scope of review; appellate courts’ duties (Pandya principle). Res judicata – requirements – necessity of producing prior judgment/record to prove issue estoppel. Customary land – limitation and laches – delay in asserting land claims bars relief. Sale validity – evidential sufficiency of sale agreement and minor contradictions in oral testimony.	19 May 2011
In the Matter of Legal Guardianship by Rick Elder Neill and Another v Baguma Stephen(Infant) (Misc. Application No. 0002/2011) [2011] UGHC 212 (18 May 2011) A court granted foreign nationals legal guardianship over a Ugandan child, prioritizing the child's welfare and ongoing oversight. Children – legal guardianship – welfare of the child – guardianship by foreign nationals – best interests of the child – periodic reporting by guardians – right to maintain ties with relatives – Children’s Act interpreted in context of international guardianship.	18 May 2011
Uganda v Musinguzi and Another (HCT-01-CR-SC 112 of 2010) [2011] UGHC 186 (18 May 2011) The accused were convicted of aggravated robbery based on reliable identification and corroborative evidence. Criminal law – Robbery with aggravation – elements: theft, violence/threat, grievous harm or deadly weapon. Identification – night-time identification assessed by prior acquaintance, lighting, distance and observation time; need for corroboration. Evidence – victim and eyewitness identification corroborated by conduct (flight with stolen box) and escape from custody; unsworn denials unpersuasive.	18 May 2011
Uganda v Kaawe (CR. Sc. No. 167/2010) [2011] UGHC 61 (17 May 2011) The accused convicted of embezzlement for taking USD 50,000 entrusted to him by his employer. Criminal law – Embezzlement – s.19(b)(ii) Anti‑Corruption Act 2009 – employee receiving money on behalf of employer and appropriating it. Circumstantial evidence – opportunity, means, conduct and missing documentation as bases for inference of guilt. Receipt in custody/in transit – modern approach treats appropriation while money is in transit or employer custody as embezzlement. Credibility – evaluation of contradictory witness statements and departure from assessors’ advice.	17 May 2011
Uganda V Kilama DENIS & 10 ors (Cr. Session No. 169 of 2010) [2011] UGHC 63 (17 May 2011) Accused convicted only for causing financial loss; embezzlement, forgery, theft and conspiracy acquitted for insufficient proof. Anti‑corruption/financial offences – causing financial loss – sufficiency of handwriting expert and account evidence; embezzlement/asportation requirement; defective particulars; forgery vs false accounting; failure to disprove proprietary claim in theft; conspiracy requires proof of agreement.	17 May 2011
Uganda Vs Locohoto Michael & 2 ors. (HCT-04-CR-SC-0067-2010) [2011] UGHC 60 (13 May 2011) Prosecution failed to prove beyond reasonable doubt that the accused participated in the murder committed by an unidentified third party. Criminal law – Murder – proof beyond reasonable doubt – circumstantial evidence and alibi – malice aforethought – unidentified third party (unapprehended suspect) undermining conviction.	13 May 2011
Joseph Zagyenda Vs. Uganda (Crim. Appl. No. 11 of 2011) [2011] UGHC 59 (11 May 2011) The High Court refused to stay criminal proceedings pending a related civil suit, finding no abuse or delay. Res subjudice and stays – whether criminal proceedings should be stayed pending related civil suit; concurrent civil and criminal proceedings; High Court powers under Judicature Act s.33 to avoid multiplicity of proceedings; distinction between civil and criminal standards and public interest; procedural defects and allegations of bias to be addressed at trial.	11 May 2011
Nabagala Margaret & Anor Vs. Uganda (Crim. CAse No. 14 of 2010) [2011] UGHC 58 (9 May 2011) Convictions quashed due to major witness inconsistencies, unreliable photocopy evidence, and lack of proof of concert. Anti-Corruption Act – Corruption and abuse of office; Appellate review – re-evaluation of evidence by first appellate court; Evidence – material inconsistencies in witness testimony resolved in favour of accused; Evidence – inadmissibility/insufficiency of photocopy of currency absent original or proof it was made prior to transaction; Criminal procedure – impropriety of joint charges without proof of concert.	9 May 2011
Uganda Vs. Ssebuwufu Samwiri Kiseka & 2 Ors (Crim. CAse No. 18 of 2010) [2011] UGHC 57 (5 May 2011) Prosecution failed to prove the disputed commission funds belonged to the employer; acquittals for embezzlement and causing financial loss upheld. Criminal law – embezzlement and causing financial loss – ownership of funds and essential ingredients of offences; burden on prosecution to prove funds belonged to employer; reinsurance and commission payments as lawful explanations; failure to rebut defence evidence; appellate review upholding acquittal.	5 May 2011