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. 

Physical address
Plot 2, the Square Kampala
59 judgments

Court registries

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59 judgments
Citation
Judgment date
August 2023

 

8 August 2023
Stay of execution denied where decree lacked executable orders and no imminent threat of execution was shown.
* Civil procedure – Stay of execution pending appeal – criteria: notice of appeal; appeal not frivolous; serious and imminent threat of execution; promptness; security/undertaking (Kyambogo University v Prof. Isaiah Omollo). * Executability – decree lacking orders for vacant possession, eviction or costs may not be executable; absence of execution proceedings defeats stay application. * Security/undertaking – applicant’s failure to offer security is a factor against granting stay.
7 August 2023
Contempt application dismissed because the sole supporting affidavit was not sworn before a commissioner of oaths.
* Civil procedure – contempt application dismissed where supporting affidavit not properly sworn; mandatory requirement to appear before Commissioner of Oaths (Oaths Act ss.5–6; Commissioner Rules). * Evidentiary rule – single invalid supporting affidavit leaves an application unsupported and liable to be dismissed. * Preliminary objections – competence of affidavit can dispose of substantive application without addressing merits.
7 August 2023
Applicant's claim of threatened eviction and cancelled title dismissed for lack of admissible evidence and wrong defendant.
* Human rights enforcement – jurisdiction of High Court under Human Rights (Enforcement) Act; burden on balance of probabilities. * Right to property and fair hearing – alleged eviction and title cancellation. * Evidence – inadmissibility of newspaper articles as hearsay. * Land law – Registrar’s powers to rectify/cancel titles (Land Act Section 91; Registration of Titles Act). * State liability – distinction between Attorney General and Commissioner of Land Registration; proper defendant for title rectification challenges.
7 August 2023

 

7 August 2023
4 August 2023
4 August 2023
Prosecution proved murder and common intention; ten accused convicted and sentenced to concurrent 25-year terms, two acquitted.
* Criminal law – Murder – Elements: death, unlawful act, malice aforethought – proved by postmortems and eyewitnesses. * Criminal law – Identification and alibi – credibility of eyewitnesses versus alibi defences. * Criminal law – Common intention (s.20 Penal Code Act) – mob action and joint liability where death is probable consequence. * Evidence – Postmortem reports, SOCO exhibits and contemporaneous eyewitness testimony corroboration. * Sentencing – Guideline starting point for murder; concurrent custodial terms and remand credit.
2 August 2023
1 August 2023