High Court of Uganda

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9 judgments

Citation	Judgment date
May 2019
Mugerwa Kadiri & Another V Kalasinga Mawazi & 2 Others (Miscellaneous Application No. 335 of 2018) [2019] UGHC 9 (29 May 2019) Court granted a conditional temporary injunction restraining respondents from quarrying or dealing with disputed land pending trial. Civil procedure – Temporary injunction – preservation of status quo – American Cyanamid principles (prima facie case, irreparable harm, balance of convenience). Land law – unregistered land – possession, succession and disputed ownership – interlocutory relief to prevent quarrying and disposition of land Remedies – interlocutory injunction permitting possession but restraining economic activity pending trial	29 May 2019
IN RE Apio Sarah & Achen Claire (Infants) (Misc. Cause No. 20 of 2018) [2019] UGHC 15 (27 May 2019) Court allowed intercountry adoption, waiving one-year residence requirement, finding it in the children’s best interests. Children Act (Amendment) – Intercountry adoption – Section 46 requirements – waiver of one-year continuous residence and fostering in exceptional circumstances. Welfare of the child paramount – factors to consider: wishes, physical, emotional and educational needs, family capacity and risk of harm Evidence – home study report, PSWO report, fostering history, biological parent consent and relative capacity. Institutional care as last resort – preference for family-based placement	27 May 2019
Ababiri Muhamood & Four Ors V Mukomba Anastansia & Another (Civil Suit No. 22 of 2015) [2019] UGHC 16 (15 May 2019) Plaintiff’s land claim dismissed because the plaint failed to plead possession, so no cause of action in trespass. Limitation – accrual of cause of action in land claims – right to sue accrues when possession is contested or adverse possession arises. Pleadings at preliminary stage – court confined to plaint and attachments when ruling on preliminary points Licences – common law concept not confined to registered land; s.29(4) Land Act relates to licences on registered land but does not exhaust the concept. Cause of action – trespass requires plaintiff to be in actual or constructive possession; failure to plead possession defeats a trespass claim Relief – dismissal for failure to disclose cause of action; costs awarded	15 May 2019
Mutalya Moses Kyabirye V Uganda (Misc. Application No. 012 of 2018) [2019] UGHC 8 (13 May 2019) Prolonged remand and adequate sureties justified granting bail in a murder charge, subject to stringent conditions. Criminal law – Bail pending trial – Right to apply for bail is constitutional and available regardless of offence. Serious offences (murder) – warrant stringent bail conditions due to risk of absconding given potential death sentence. Prolonged remand and lack of speedy trial – relevant factor in favour of granting bail. Fixed abode and substantial local sureties (including cohabiting spouse) – may suffice to mitigate flight risk	13 May 2019
Walusimbi Mansur V Uganda (Crim. Misc. Application No. 09 of 2019) [2019] UGHC 2 (13 May 2019) Court granted bail pending appeal to a convicted first offender subject to cash deposit, sureties, and reporting conditions. Criminal procedure – Bail pending appeal – discretionary relief – presumption of innocence persists post-conviction – conditions for bail including cash deposit, non-cash surety bonds and periodic reporting – acceptability of sureties resident in different localities – reliance on Jamwa v Uganda and Arvind Patel v Uganda.	13 May 2019
Ladwa & Another v Andani & 2 Others (Miscellaneous Application No. 373 of 2017) [2019] UGHC 30 (8 May 2019)	8 May 2019
Zurah & Another v Frizola & Others (Miscellaneous Application 373 of 2017) [2019] UGHC 83 (8 May 2019) Application to amend plaint and add a defendant dismissed for procedural defects and as an attempt to evade limitation. Civil procedure – Amendment of pleadings (Order 6 r19) – Interlocutory applications – timelines for affidavits in reply (Order 12 r3) – Affidavit formalities (Order 1 r12) – Limitation and discovery of fraud – Joinder of parties (Order 1 r10)	8 May 2019
Muwanga Daniel V Sun Huawen (Misc. Appn. No 114 of 2018) [2019] UGHC 6 (7 May 2019) A notice of motion is a "suit" subject to Order 5 CPR service time limits; failure to serve timely warrants dismissal. Civil procedure – notice of motion as a "suit" – service of process – application of Order 5 CPR time‑limits to motions and hearing notices – failure to serve within 21 days and no extension – dismissal; responsibility for service rests with instructed counsel/client; release of vehicle held at court pending execution.	7 May 2019
Onega Robert v Hashim Sulaiman & Electoral Commission (Election Petition 1 of 2018) [2019] UGHC 103 (2 May 2019)	2 May 2019

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