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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
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8 judgments
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December 2019
Byabasaija v Attorney General (Civil Suit No. 243 of 2011) [2019] UGHC 27 (20 December 2019)
The State is vicariously liable for a police killing; plaintiff awarded damages, interest and costs.
* Constitutional law – right to life – unlawful killing by police – State liability under Article 22(1). * Vicarious liability – State/Attorney General responsible for acts of police officers performed in course of duties. * Remedies – constitutional redress includes compensatory and punitive damages; interest and costs. * Evidence – post-mortem and police investigation brief corroborating shooting by police.
 20 December 2019
Dravu v Kyamanywa (Civil Appeal No. 67 of 2014) [2019] UGHC 29 (19 December 2019)
The trial court’s finding that the respondent proved a debt by written acknowledgement and dishonoured cheque is upheld.
Civil procedure – appeal from magistrates’ court – evaluation of evidence – acknowledgement of debt and dishonoured cheque – proof of liability; Civil law – contract/loan – whether defendant was party to transaction or merely guarantor; Evidence – allegations of fraud/duress require proof; Judgment affirmed with costs.
 19 December 2019
Nuru Hassan Shariff v The Administrator of the Estate of the late Shamji Jamal Lakhan (Civil Suit No. 034 of 2011) [2019] UGHC 23 (17 December 2019)
A tenant holding only a temporary allocation lacks locus to challenge a Minister’s repossession certificate under the EP Act.
Land law; Limitation Act s.5 and s.25 (fraud exception) – discovery of fraud and accrual of cause of action; Locus standi – tenant versus registered owner; Expropriated Properties Act – finality of Minister’s repossession certificate; Temporary allocation by Custodian Board does not create proprietary interest; Proper remedy against Minister’s decision is appeal under the EP Act.
 17 December 2019
Hard Rock Quarry (U) Limited v Commissioner Land Registration & Another (Civil Appeal No. 115 of 2015) [2019] UGHC 25 (11 December 2019)
Affidavit sworn before an advocate struck off the roll is incompetent and must be struck off; absence of reply not automatic admission.
* Civil procedure – admissibility of affidavit – affidavit sworn before person struck off roll – incompetence and striking off. * Commissioners for Oaths – commission tied to practising certificate – commission terminates when advocate suspended/struck off. * Advocates Act and Advocates (Amendment) Act – protective saving provisions inapplicable where advocate has ceased to be a practising advocate. * Procedural consequence – absence of respondent’s reply does not automatically amount to admission under Order 13 r.6 CPR. * Costs – court discretion to refuse costs where affidavit-maker is an innocent litigant.
 11 December 2019
IN RE NM & NEP (Infants) (Miscellaneous Cause No. 053 of 2018) [2019] UGHC 26 (11 December 2019)
Court appointed the maternal aunt guardian, prioritising children’s welfare and ordering probation supervision despite missing report.
Children Act – Guardianship (ss. 43A, 43B) – Welfare principle paramount – Eligibility of foreign-resident Ugandan applicant – Discretion to dispense temporarily with probation officer’s report – Court-ordered probation supervision and reporting.
 11 December 2019
Petronilla Omal Okoth v Gabriel Obbo Katandi and Godfrey Obbo Ondhoro (Miscellaneous Application No. 128/2017) [2019] UGHC 102 (10 December 2019)

 

 10 December 2019
The Kyabazinga of Busoga v Ligwewo Richard & 9 Others (Miscellaneous Application No. 215 of 2017) [2019] UGHC 24 (3 December 2019)
The Kyabazinga, not the Kingdom institution, is the legal person capable of suing or being sued; consent decree against the Kingdom was void.
Constitutional law – Article 246 – traditional leaders and institutions; corporation sole – capacity to sue and be sued; consent judgment – illegality nullifying consent; executions and attachments arising from void decree – nullified; procedural law – suits filed against non-existent legal persons are nullities.
 3 December 2019
Uganda v O.R (Criminal Case No. 21 of 2019) [2019] UGHC 80 (3 December 2019)
Whether the respondent committed aggravated defilement of a toddler and the appropriate juvenile disposition.
Criminal law – Aggravated defilement: elements (age, sexual act, identity); Child evidence – assessment, recent complaint/hearsay exceptions, ocular observation; Medical corroboration of sexual assault; Juvenile sentencing – Children Act limits, detention as last resort, probation with default detention.
 3 December 2019