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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
8 judgments
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8 judgments
Citation
Judgment date
July 2019
In Re NS (Adoption Cause No. 001 of 2019) [2019] UGHC 22 (23 July 2019)
Court granted adoption and waived statutory 36‑month fostering requirement as being in the child’s best interest.
* Adoption law – statutory requirements for adoptive parents – age difference and gender qualifications; care order and de facto guardianship. * Adoption law – best interests of the child – evidentiary considerations: bonding, financial capacity, supervision by probation officer. * Children Act s.45(4) – thirty-six month fostering requirement – discretionary waiver where special circumstances show adoption is in child’s best interest.
 23 July 2019
IN RE Kyakutwika Patrick & Muyaya Jackson (Infants) (Adoption Cause No. 18 of 2018) [2019] UGHC 14 (15 July 2019)
Court waived residence requirement and granted adoption to a non‑citizen single female as being in the children’s best interests.
Children Act – intercountry adoption – waiver of one‑year residence – exceptional circumstances; paramountcy of child’s welfare; suitability of non‑citizen foster parent; special circumstances for sole female to adopt male children; probation and social welfare and home‑study reports as determinative evidence.
 15 July 2019
Maganda Charles Dhabasadha V Uganda (Crim. Misc. Appn. No.16 of 2019) [2019] UGHC 11 (12 July 2019)
Applicant’s serious contagious illnesses justified bail, but material affidavit contradictions required strict surety and documentation conditions.
Bail pending trial – exceptional circumstances – serious contagious illness (HIV, TB, Hepatitis B) as ground for bail – validity of uncommissioned affidavit by illiterate applicant – contradictions and flight risk – conditional bail with sureties and LC letters.
 12 July 2019
Open Bible Standard Churches of Uganda V Samuel Egessa (Civil Suit No. 004 of 2010) [2019] UGHC 7 (12 July 2019)
Court orders return of specific church assets, payment of electricity and general damages; defendant’s counterclaim dismissed.
Property/Church law – handover of assets – adequacy of documentary proof of handover; possession vs title; special damages require strict proof; counterclaim for contributions treated as gratuitous gifts where not duly documented.
 12 July 2019
IN RE a Petition by Emilie Roberte Mary Larter for the adoption of Mukama Adam Paul (Adoption Cause No. 036 of 2018) [2019] UGHC 13 (11 July 2019)
A court granted inter‑country adoption to a single female, holding the child’s welfare and special circumstances justified the exceptional order.
Children law – Adoption – Inter‑country adoption requirements (s.46) – welfare of the child paramount (s.3) – foster period and residency – sole female adopting male child (s.45(3)) – home‑country recommendation and recognition by foreign authorities – registration and consular notification.
 11 July 2019
IN RE Songolo Difasi Mugabo (Miscellaneous Cause No. 19 of 2019) [2019] UGHC 5 (10 July 2019)
Court appointed the patient's daughter manager to operate his bank account after finding him incapacitated.
Administration of Estates of Persons of Unsound Mind Act — appointment of manager; sufficiency of medical affidavit and in-court inquiry where patient not institutionalized; applicability of Mental Treatment Act procedures; assessment of capacity to manage affairs; authorization to operate bank account; costs.
 10 July 2019
IN RE Rehema Naigaga & Angel Namusubo (Children) by Petros Lutras & Aikaterini Zisimopoulou (Misc. Cause No.22 of 2019) [2019] UGHC 12 (8 July 2019)
Court allowed intercountry adoption, waiving residency requirement due to children’s best interests and exceptional circumstances.
Children law – Adoption by non‑citizens – Welfare of the child paramount – Exceptional circumstances to waive residency and fostering requirements under Section 46 – Suitability of foreign adoptive parents – Conditions: supervision, reporting, temporary Uganda residence, consular notification.
 8 July 2019
Uganda v Sonko Jimmy (Criminal Case No. 119 of 2017) [2019] UGHC 28 (2 July 2019)
Acquittal where elements of crimes were shown but prosecution failed to connect the accused to the offences beyond reasonable doubt.
Criminal law – Murder: proof of death, unlawfulness and malice aforethought may be inferable from injuries and post-mortem; necessity to prove accused’s agency beyond reasonable doubt. Criminal procedure – Identification and hearsay: untested informant/hearsay cannot safely ground conviction. Evidence – Recovery of alleged stolen property: requires clear identification and linkage to accused to sustain aggravated robbery charge.
 2 July 2019