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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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7 judgments
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Judgment date
September 2023
Masudi v Olam Uganda Ltd T/A Ofi (39 of 2022) [2023] UGHC 294 (29 September 2023)
Statutory illegality did not bar the applicant's civil claim; respondent liable for UGX 357,987,000 and counterclaim dismissed.
Contract—sale of agricultural produce—claim for unpaid cotton based on weighbridge tickets and supplier code. Cause of action—requirements satisfied where right, violation and defendant's liability pleaded and supported by annexures. Illegality—lack of statutory registration under Cotton Development Act; application of Patel v Mirza policy/proportionality test; statutory penalties do not automatically bar civil recovery. Evidence—admissibility of secondary copies of weighbridge tickets where originals lost/stolen; burden on defendant to prove payment. Remedies—award for unpaid supplies; dismissal of unproved counterclaim; costs to successful supplier.
 29 September 2023
Mayanja v The Registered Trustrees of Uganda Muslim Supreme Council (Miscellaneous Application 38 of 2023) [2023] UGHC 295 (29 September 2023)
Court stayed execution pending appeal, preserved status quo, and refused to order security for due performance.
Civil procedure – Stay of execution pending appeal – Order 43 CPR – likelihood of success, risk of rendering appeal nugatory, delay and security. Preservation of status quo where extrajudicial execution alleged. Inherent jurisdiction to protect appellate remedy and prevent unlawful execution.
 29 September 2023
Mulhubira v Ambitious Construction Company LTD (Miscellaneous Application 41 of 2023) [2023] UGHC 286 (29 September 2023)
Civil contempt claim for failure to remove excavated material dismissed; non-compliance was bona fide, costs awarded to respondent.
Contempt of court – Civil contempt – elements: order, notice, non-compliance, willfulness and mala fides – meaning of ‘forthwith’ – bona fide non-compliance – costs for premature litigation.
 29 September 2023
Twinomugisha v Attorney General (Civil Suit 41 of 2020) [2023] UGHC 283 (29 September 2023)
Representative-suit advertisement must include the full list of represented persons; omission is curable by re-advertisement.
Civil procedure — Representative suits — Order 1 Rule 8 (as amended) — Requirement of written authorization and notice — Advertisement must include list of persons represented — Non-compliance curable by re-advertisement — Inherent jurisdiction to prevent injustice.
 29 September 2023
Uganda v Agaba and 2 Others (HCT-01-CR-CS 40 of 2019) [2023] UGHC 456 (7 September 2023)
A voluntary, corroborated confession can sustain conviction, but cannot alone convict an uncorroborated co‑accused.
Criminal law – Murder – ingredients: death, unlawful act, malice aforethought, participation. Confession – Charge and Caution Statement – admissibility; trial‑within‑a‑trial to test voluntariness. Corroboration – confession corroborated by discovery of body and post‑mortem. Co‑accused liability – confession of one accused insufficient to convict another without independent corroboration. Sentencing – aggravating and mitigating factors; deduction of remand time.
 7 September 2023
Uganda v Baguma and 2 Others (HCT-01-CR-SC 174 of 2019) [2023] UGHC 457 (7 September 2023)
Circumstantial evidence of motive, repeated threats and flight supported convictions for murder and 20-year sentences.
Criminal law – Murder – Circumstantial evidence: motive, prior threats and post-offence conduct – malice aforethought established by targeting vulnerable body part – common intention under Section 20 Penal Code – relevance of statements of deceased (Evidence Act s.30) and conduct (Evidence Act s.7).
 7 September 2023
Uganda v Byamukama (HCT-01-CR-SC 245 of 2023) [2023] UGHC 458 (6 September 2023)
Conviction for aggravated defilement upheld where child’s un‑sworn testimony, immediate report and medical evidence provided adequate corroboration; sentenced to 40 years (remand credited).
Criminal law – Aggravated defilement – Elements: victim under 14, sexual act (penetration), identity of perpetrator. Evidence – Un‑sworn testimony of a child of tender years – requirement for corroboration by immediate report and medical evidence. Evidence – Weight of distress and contemporaneous statements as corroboration. Evidence – Assessment of inconsistencies and failure to cross‑examine. Sentencing – Application of sentencing guidelines, aggravating/mitigating factors and remand credit.
 6 September 2023