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
February 2020
Kyomuhendo & Another v Kyaligonza & Another (Miscellaneous Application No. 28 of 2019) [2020] UGHC 33 (27 February 2020) Consolidation ordered where multiple suits raise identical questions on estate administration and land ownership; costs in cause. Civil Procedure — Order 11 rr.1 & 2 — consolidation of suits pending in the same court — suits involving administration of same estate and ownership of same land — consolidation appropriate; costs in cause.	27 February 2020
Balyebuga v Nyangoma (Civil Revision No. 3 of 2017) [2020] UGHC 41 (26 February 2020) Use of criminal reconciliation provision in a divorce and failure to follow Divorce Act procedure vitiated magistrate’s decision. Family law – Divorce procedure – Improper application of Section 160 Magistrates' Courts Act (criminal reconciliation) to civil divorce – Failure to determine grounds for divorce – Non-compliance with Divorce Act requirement to issue decree nisi and decree absolute – Material irregularity vitiating proceedings – Revision jurisdiction under Civil Procedure Act s83(1).	26 February 2020
Ochullu Charles and Another v Tereza Alowo (Civil Appeal No/ 230 of 2014) [2020] UGHC 416 (26 February 2020)	26 February 2020
Irumba v Asiimwe & 5 others (Miscellaneous Application No. 53 of 2019) [2020] UGHC 40 (25 February 2020) Contempt application dismissed: applicant misled the court and failed to prove respondents were served with the order. Contempt of court — requirement of personal service and proof of knowledge; false or misleading factual assertions vitiating orders; burden on applicant to prove service in committal proceedings.	25 February 2020
Eyoobia & Others v Uganda Electricity Distribution Company Limited & Others (Civil Suit 6 of 2015) [2020] UGHC 411 (20 February 2020)	20 February 2020
Uganda v Kwenya Martin (Criminal Session Case No. 311 of 2015) [2020] UGHC 53 (20 February 2020) Prosecution’s evidence insufficient on mental impairment and identity; accused discharged for no case to answer. Criminal law – Aggravated defilement – Elements: victim's age and mental impairment, carnal knowledge, identity of accused – No‑case‑to‑answer test – Medical evidence insufficient alone to prove mental disability or identity – Discharge under Section 73(1) TID.	20 February 2020
Wanzira v Kakooza & Another (Miscellaneous Application No.45 of 2020) [2020] UGHC 31 (20 February 2020) Court granted interlocutory injunction protecting applicant's possession of disputed land pending determination of specific performance suit. Civil procedure – Interlocutory injunctions; requirements: prima facie case, irreparable injury, balance of convenience. Possession – Protection of occupant's right to quiet enjoyment and maintenance of status quo pending trial. Remedies – Exercise of equitable discretion under the Judicature Act to preserve interests in land pending determination of a specific performance claim.	20 February 2020
Kanyamwenge v Muhumuza (Miscellaneous Application No. 52 of 2018) [2020] UGHC 39 (17 February 2020) Application for limited Letters under s.222 failed for not proving executor/person entitled was unable or unwilling; dismissed. Succession Act s.222 – limited Letters of Administration – requirement to show executor or person entitled is unable or unwilling to apply – necessity to identify such persons – ex parte application insufficient without evidence of inability or unwillingness.	17 February 2020
Birungi v Commissioner Land Registration (Miscellaneous Cause No. 26 of 2019) [2020] UGHC 30 (13 February 2020) Applicant entitled to vesting order under s167 after proving sale, payment, possession and vendor untraceability. Registration of Titles Act s167 – Vesting order – Requirements: proved sale, full payment, possession taken and acquiesced in, transfer not executed because vendor dead or untraceable – transfer of registered land – application under section 98 Civil Procedure Act – precedent: Re Ivan Mutaka; Yoswa Kityo v Eriya Kaddu.	13 February 2020
Kukua Agriculture Limited v Tejani & Another (Miscellaneous Application No. 113 of 2019) [2020] UGHC 38 (12 February 2020) Applicant showed triable issues over tenancy and sale but failed to prove irreparable harm; injunction refused. Civil procedure – interim injunction – applicant established prima facie case but failed to prove irreparable harm; disputes as to effectiveness of contractual notice, condition precedent to renewal of tenancy, and enforceability of right of first refusal against purchaser.	12 February 2020
Nakasinde v The Management Committee of St. Kizito Primary School & 2 Others (Civil Appeal No. 8 of 2019) [2020] UGHC 32 (5 February 2020) A Registrar has no jurisdiction to grant leave to appeal out of time; such orders are null and the appeal is allowed. Civil procedure – jurisdiction of court officers – Registrar lacks authority to entertain applications for leave to appeal out of time – orders by Registrar in that regard are nullities. Costs – partial costs award where error attributable to Registrar.	5 February 2020
Uganda v Buyinza Emmanuel alias Gayula (Criminal Case No. 139 of 2013) [2020] UGHC 54 (5 February 2020) Whether prosecution proved aggravated defilement where victim lacked memory but medical and circumstantial evidence corroborated mother's account. Criminal law – Aggravated defilement – Elements: proof of age, carnal knowledge and participation; evidentiary value of victim’s testimony when victim lacks memory; corroboration by mother’s contemporaneous account and medical evidence (tender swollen genitals, bruising, ruptured hymen); circumstantial evidence and alibi; delays in reporting/examination and omissions in record do not necessarily defeat prosecution; weight of assessors’ dissent considered but not binding.	5 February 2020