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

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19 judgments


September 2011
Poly Fibre (U) Ltd v Matovu Paul & 3 Ors (Civil Suit No. 412 of 2010) [2011] UGHC 143 (29 September 2011) A pleading of continuing trespass raises a triable limitation issue, so a s.5 Limitation Act objection was overruled. Civil procedure — Limitation — Whether an action for trespass is barred by s.5 Limitation Act (recovery of land) — Pleadings alleging recurring/continuing trespass raise triable issue — Preliminary objection — Determination on pleadings only — Authenticity of exhibits and factual disputes on limitation are for trial	29 September 2011
Dr. Otiam Otala Emmanuel V Oboth Marksons Jacob (Tororo Election Pet No. 07 of 2011) [2011] UGHC 141 (22 September 2011) Election annulled: exclusion and mis‑counting of six polling stations materially affected results, causing disenfranchisement. Election law — Parliamentary elections — Exclusion of polling‑station results and use of statutory alternatives for DR forms — Parliamentary Elections Act s.53(3),(4) — Disenfranchisement — Ballot paper control — Failure to account for ballot papers and over‑voting — Effect on integrity of results — Illegal practices — Intimidation and violence proven in general but candidate liability for agents requires proof of knowledge or consent — Parliamentary Elections Act s.61(1)	22 September 2011
Ochwo Nyakecho Keziah v Achieng Sarah Opendi & Anor (HCT-00-CV-EP-0028-2011) [2011] UGHC 142 (22 September 2011) Tallying failures and proven agent‑bribery rendered the parliamentary election void and a fresh poll was ordered. Election law — Parliamentary elections — Counting and tallying irregularities — Disenfranchisement and substantial effect on result — Electoral offences — Bribery by agent and candidate liability where agent acted with authority — PEA ss 61, 68 Administrative law — Electoral Commission duties — Failure to produce certified DR forms and improper cancellation/tallying — EC Act s 12; PEA s 53	22 September 2011
Otiam Otaala Emmanuel v Oboth Marksons Jacob & Anor (Election Petition No. 0007 of 2011) [2011] UGHC 140 (22 September 2011) Court granted extension to serve petition where registrar's unauthorized substituted-service order prejudiced the applicant. Election law — Service of election petitions — Substituted service and jurisdiction of Registrar under PE(EP) Rules — Extension of time — Special circumstances (judicial error) warranting enlargement under Rule 19(1) PE(EP)	22 September 2011
Kampala Nissan Uganda Ltd. v Uganda Revenue Authority (Civil Appeal No. 07 of 2009) [2011] UGHC 139 (21 September 2011) A statutory tax authority cannot be estopped from correcting an erroneous tax position; VAT reassessment remitted for recomputation under VAT Act. Tax law — Value Added Tax — VAT on imports sold in bond and on mark‑ups — Interaction of VAT Act s.23 with customs valuation — Whether variance between transfer/customs value and local sales invoice attracts VAT Administrative law — Estoppel against statutory duty — Whether a statutory body can be estopped from carrying out statutory taxation duties — Constitution art 152 Procedure — Tax Appeals Tribunal — Admissibility and weight of evidence — Tribunal discretion not to be bound by strict rules of evidence (Tax Appeals Tribunal Act s.22)	21 September 2011
Ntambaazi Margaret Nabaggala & anor. v Kintu Florence & Anor (Masaka Election Pet No. 04 of 2011) [2011] UGHC 138 (18 September 2011) Court dismissed petition, finding the candidate’s A‑level equivalent qualifications authentic despite NCHE certificate errors. Election law — Qualifications for membership of Parliament — A‑level equivalence and NCHE certification — Court will inquire into validity of underlying awards where NCHE equivalence is challenged Education law — Registration of institutions — Awards conferred before formal registration — Subsequent registration and contextual review may uphold awards Civil procedure/Evidence — Burden of proof in election petitions — Once qualification challenged burden shifts to candidate to prove qualifications	18 September 2011
Uganda v Hussein Hassan Agad & 13 Ors (Crim Case No. 1 of 2010) [2011] UGHC 144 (16 September 2011)	16 September 2011
Mishaki Mazima v Byanyima and Another (HCT-05-CV-CA-014-2005) [2011] UGHC 207 (15 September 2011) The appellate court upheld the trial court's finding of trespass against the defendant despite procedural errors. Land Law — Trespass — Burden and standard of proof in civil cases — Reliability of survey evidence — Dismissal of counter-claim.	15 September 2011
Uganda v Imere Deo (CR.Sc 72 of 2011) [2011] UGHC 137 (15 September 2011) Accused acquitted of solicitation and abuse of office but convicted for receiving a bribe and sentenced to three years. Anti‑corruption law — Corruption (receipt) — Receipt of gratification proved by sting operation, marked notes and possession — Corruption (solicitation) — Identification and corroboration of phone calls required to prove solicitation Public law — Abuse of office — Requirement to prove arbitrary act prejudicial to employer’s interests — Anti‑Corruption Act s.11(1)	15 September 2011
Nabukenya v Matovu (Civil Appeal No. 50 of 2010) [2011] UGHC 136 (13 September 2011) Heir occupying deceased’s land with consent is not a trespasser; inconsistent decree paragraph set aside and appellant awarded costs. Land law — Succession/Customary heir — Occupation of deceased’s land by heir — Consent and rights of heir — Trespass and damages — Requirement of lack of consent for trespass; need to plead and prove damages for award Civil procedure — Judgment and decree — Decree must agree with judgment; decree inconsistent with judgment can be set aside — Costs — Discretion to award costs must be exercised judicially; reasons required when denying a successful party costs	13 September 2011
Uganda v Ayebare (Hct-11-csc-122 of 2011) [2011] UGHC 134 (8 September 2011) Criminal law	8 September 2011
Uganda v Katutsi (Hct-11 -csc-005/2011) [2011] UGHC 135 (8 September 2011) Criminal law	8 September 2011
Nabukeera Hussein Hanifa v Kibuke Ronald & Anor (HCT-03-CV-EP-00017-2011) [2011] UGHC 133 (7 September 2011) Elections	7 September 2011
Uganda v Kato & 3 ors (Hct-11-csc-44/2011) [2011] UGHC 130 (6 September 2011) Criminal law	6 September 2011
Uganda v Twijukye (Hct-11 -cr-csc 95/2011) [2011] UGHC 131 (6 September 2011) Criminal law	6 September 2011
Uganda v Twongyeirwe (Criminal Session Case No. 117 of 2011) [2011] UGHC 132 (6 September 2011) Criminal law	6 September 2011
Uganda v Turyasiima (Hct-11-csc-34 of 2011) [2011] UGHC 129 (5 September 2011) Criminal law	5 September 2011
Birekeraawo Mathias Nsubuga v Muyanja Mbabaali (Election Petition No. 0006 of 2011) [2011] UGHC 127 (1 September 2011) Elections	1 September 2011
Iddi Lubyayi Kisiki v Electoral Commision & 2 Others (Election Petition No. 0001 of 2011) [2011] UGHC 128 (1 September 2011) Elections	1 September 2011

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