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

11 judgments

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11 judgments

Citation	Judgment date
November 2024
Warid Telecom Uganda Limited & Another v Isingoma (Civil Appeal 33 of 2022) [2024] UGHC 1093 (28 November 2024) Negligence—ex parte proceedings—failure to tender evidence—witness statements—Order 18 Rule 5A CPR—procedural irregularities—judicial discretion—retrial ordered—nullification of judgment—miscarriage of justice—failure to formally adopt witness evidence—upholding procedural fairness in trials	28 November 2024
Begumisa v Oweyesigire Bamwenegwire (HCT-01-LD-CA 26 of 2022) [2024] UGHC 1086 (14 November 2024)	14 November 2024
Kawamara v Karubanga (HCT-01-CV-LD-CA 8 of 2023) [2024] UGHC 1087 (14 November 2024) Appellate court set aside magistrate’s decision, holding respondent failed to prove title and appellant’s possessory ownership upheld. Civil procedure – grounds of appeal – generality of grounds – Order 43 rule 1(2) – striking out vague grounds; Limitation Act – s.5 and accrual of cause of action – claim within 12 years where plaint pleads trespass in 2012; Evidence – appellate re‑evaluation of witnesses – contradictions in pleadings and testimony; Property law – possession as prima facie evidence of title – burden on plaintiff to prove better title; Relief – setting aside trial judgment, dismissal, declaration of possessory ownership, costs.	14 November 2024
Kawamara v Karubanga (HCT-01-CV-LD-CA 8 of 2023) [2024] UGHC 1088 (14 November 2024)	14 November 2024
Kusemererwa and Another v Okwiri (HCT-01-LD-CA 24 of 2022) [2024] UGHC 1089 (14 November 2024) Whether a purchaser without title can convey ownership and whether the second appellant committed trespass. Land law – proof of ownership – admissibility and weight of sale and tenancy agreements (PE1, PE2) – recurring tenancy continues until valid notice of termination. Limitation – recovery of land – cause of action accrues on dispossession; trespass is a continuing tort. Transfer of title – nemo dat quod non habet: purchaser cannot acquire better title than vendor; sale from person without title is void. Trespass – claimant must prove unlawful entry or acts on land; mere reporting to police insufficient to establish trespass. Evidence – re-evaluation on first appeal where trial court findings tested against documentary and witness evidence.	14 November 2024
Kusemererwa and Another v Okwiri (HCT-01-LD-CA 24 of 2022) [2024] UGHC 1090 (14 November 2024) Respondent’s ownership upheld; 1st appellant’s purchase void for lack of title; 2nd appellant wrongly declared trespasser. Land law – acquisition and proof of title – admissibility and effect of a tenancy agreement and sale agreement; Limitation Act – cause of action for recovery of land and continuing trespass; nemo dat – purchaser from person without title cannot acquire better title; trespass – requirement of actual entry or acts on land to constitute trespass; appellate re-evaluation of facts and evidence.	14 November 2024
Kusemererwa and Another v Okwiri (HCT-01-LD-CA 24 of 2022) [2024] UGHC 1091 (14 November 2024) Respondent’s purchase under recurring tenancy upheld; 1st appellant’s purchase from a person without title void; 2nd appellant wrongly declared trespasser. Land law – proof of title – sale under recurring tenancy – tenancy continuing year-to-year until valid notice of termination – nemo dat ( purchaser cannot acquire better title than vendor ) – limitation Act (12 years) and continuing trespass – appellate re-evaluation of evidence – wrongful declaration of trespass against non-entrant – costs.	14 November 2024
Kusemererwa and Another v Okwiri (HCT-01-LD-CA 24 of 2022) [2024] UGHC 1092 (14 November 2024)	14 November 2024
Ategeka v Tibenda (HCT-01-LD-CA 16 of 2021) [2024] UGHC 1057 (7 November 2024) Appellate court found appellant lawful owner after re-evaluation, set aside trial judgment, ordered eviction and costs. Land law – Boundary and title disputes – Possession versus proof of title – Validity of testamentary document under Succession Act s.50 – Re-evaluation of evidence on appeal – Remedies: declaration of ownership, injunction, vacant possession and eviction – Costs.	7 November 2024
The Registered Trustees of Fortportal Catholic Diocese v Wekesa (HCT-01-CV-LD-CA 31 of 2018) [2024] UGHC 1060 (7 November 2024) A court may deny costs to a successful party to promote reconciliation given parties’ historical relationship and conduct. Civil procedure — Costs — Discretion under section 27(1) Civil Procedure Act — Costs generally follow the event but may be denied for good cause — Promotion of reconciliation and pre-existing party relationship as legitimate factor in denying costs.	7 November 2024
Twangyeirwa v Kawezi and Another (Civil Appeal 46 of 2023) [2024] UGHC 1059 (7 November 2024) Undue delay and lack of satisfactory explanation justified refusal to amend pleadings or re-open the case. Civil procedure – amendment of pleadings – Order 6 r 19 CPR – amendments allowed freely but subject to considerations: prejudice, undue delay, mala fides and fundamental change to the suit. Re-opening of case – discretionary – fresh evidence considered only where relevance, explanation for lateness, compatibility with pleadings and absence of prejudice established. Locus in quo and post‑hearing applications – late applications to fill gaps revealed at trial may be denied as mala fide and prejudicial.	7 November 2024