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
56 judgments

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56 judgments
Citation
Judgment date
October 2025
Applicant entitled to contract price and proven loan interest and damages for respondent’s non‑payment of completed works.
* Contract law – breach of contract – non-payment for completed construction works – entitlement to contract price.* Evidence – burden of proof in civil cases – plaintiff must prove special damages specifically on the balance of probabilities.* Damages – recoverability of loan interest proven by bank demand notice; speculative loss claims disallowed.* Remedies – award of principal, proved special damages, general damages, interest and costs.
28 October 2025
Appeal dismissed: trial court correctly found respondents acquired title; no adverse possession or limitation barred the claim.
Land law – customary tenure; ownership and custodial possession; adverse possession – exclusivity and timing; limitation – time of institution after custodian’s death; evidential weight of sale agreement executed at locus in quo.
14 October 2025
Review allowed after new evidence of vehicle ownership; dismissed claim reinstated and set down for hearing.
Civil procedure — Review of judgment — Discovery of new and important evidence after dismissal — Reliance on documentary evidence (letters) to show vehicle ownership; clerical error in application title immaterial; suit reinstated and set down for inter partes hearing; costs in the cause.
10 October 2025
Appellate court upheld trespass and special/aggravated damages but reduced general damages to respect magistrate’s monetary jurisdiction.
Property law – ownership and trespass; compensation for compulsory taking – requirement of prior fair compensation; Pleading – special damages were pleaded and upheld; Magistrates’ jurisdiction – monetary limits and need to adjust excessive awards; Appeals – appellate re-evaluation of evidence and non-fatal procedural defects (absence of certified record and decree).
10 October 2025
Appellate court upheld rejection of an unsigned, unauthenticated sale agreement and dismissed the appeal with costs.
* Civil procedure – Appeal – compliance with Order 43 rule 1 – memorandum of appeal must be concise and non‑narrative. * Evidence – authenticity and admissibility of documents – unsigned/unauthenticated sale agreement and absence of author/witness testimony. * Property law – proof of title through sale agreement – corroboration required; vendor’s death prior to alleged sale defeats claim. * Appellate review – interference only where misdirection of law or fact or miscarriage of justice. * Damages – award of UGX 5,000,000 for unlawful use/inconvenience upheld as fair.
10 October 2025
An alleged inter vivos gift of family land must show clear intent, acceptance and delivery (demarcation/witnesses) to exclude it from the donor's estate.
Property law – Gift inter vivos – Requirements: clear manifestation of intent, acceptance, delivery/surrender of control; demarcation and witnesses important for unregistered family land; failure to prove elements renders alleged gift invalid and land remains part of donor’s estate.
10 October 2025
Extension of time granted to appeal because the trial court delayed providing certified proceedings.
Civil procedure – Extension of time to appeal – Section 79(2) Civil Procedure Act and Order 43 – Delay in production of certified copies by trial court as sufficient cause – Affidavit defects curable under Article 126(2)(e) – Court-ordered production of records and fixed timelines.
10 October 2025
An uncle lacks standing under the Law Reform Act to sue for wrongful death as a 'member of the family.'
Law Reform (Miscellaneous Provisions) Act – wrongful death actions – locus standi – who is a 'member of the family' entitled to sue under s.6 – uncles and cousins not envisaged as qualifying claimants – procedural illegality vitiates proceedings.
7 October 2025
Plaintiffs proved breach of subcontract; awarded unpaid contract sum, general and aggravated damages, interest and costs.
* Contract law – existence and proof of subcontract agreements – signed documents and admissions in pleadings as evidence.* Civil procedure – ex parte hearing where defendant absent and failure to cross-examine – unchallenged evidence accepted on balance of probabilities.* Evidence – burden and standard of proof in civil cases; inadequacy of account statements and uncorroborated payment proofs.* Remedies – award of unpaid contract sum, general and aggravated damages, interest at court rate and costs.
7 October 2025
Appellate court affirms ownership and sale validity; appellants failed to prove vendor lacked authority or that land was clan burial ground.
* Land law – ownership disputes – burden of proof in ownership questions (Section 110 Evidence Act) * Validity of sale – capacity and authority of vendor – necessity of adducing evidence to displace a written sale agreement * Customary/communal claims – clan burial ground assertions must be proved by parties alleging them * Awards of general damages – court discretion and restitutio in integrum principle
7 October 2025
Application to set aside dismissal for non‑service refused for failure to serve and abuse of court process.
Civil Procedure – service of process – Notice of motion to be served within 21 days (Order 5 r.1(2)); extension to be sought within 15 days – failure attracts dismissal without notice (Order 5 r.1(3)); orders, notices and documents served as summons (Order 49 r.2). Reinstatement of dismissed application – sufficient cause required; non‑service under Order 9 r.19(2). Self‑representation – inability to blame counsel for failures. Abuse of process – delay and forum‑shopping.
6 October 2025
An unappealed LC II judgment in a land dispute is final and bars subsequent litigation as res judicata.
* Civil procedure — Res judicata — Effect of an unappealed LC II judgment in land disputes — Subsequent proceedings barred. * Land law — Jurisdiction — Section 76A Land Act: parish/ward executive committee (LC II) as court of first instance for land disputes. * Title — Purchaser from a party defeated in prior LC II proceedings acquires no valid title. * Procedure — Duties on retrial: consider res judicata, conduct locus visit and use prior evidence as directed.
6 October 2025
Respondent's preliminary objections to setting aside the default judgment were overruled; applicant may seek to defend.
* Civil procedure – setting aside default judgment – Order 36 r.11 – good cause and effective service; * Competency of affidavits – advocates/state attorneys may depose for government clients; * Preliminary objections – raise pure points of law only; * Estoppel and triable issues – validity of contract raising questions of fact cannot be decided as point of law; * Doctrine of laches – short delay (nine days) not inordinate.
3 October 2025
September 2025
A separated surviving spouse cannot inherit intestate land absent evidence of joint purchase; appeal allowed.
* Land law – proof of purchase – requirement that a joint purchase be established by probative evidence; reliance on the land purchase agreement as conclusive proof of ownership. * Evidence – judicial notice – courts may take judicial notice only with supporting reference materials; trial court erred by taking notice without evidence per Evidence Act. * Succession – separation of spouses (Succession Act s.26) – separated surviving spouse may be excluded from intestate estate; children remain beneficiaries. * Appellate review – re-evaluation of evidence and interference where lower court’s findings rest on speculation or misdirection.
25 September 2025
Unchallenged sale agreement established title; appellant failed to prove inheritance or res judicata—appeal dismissed with costs.
Admissibility of documents – custodian tendering deceased's instrument; unchallenged written agreement as definitive proof of title; oral evidence cannot supersede a valid written instrument absent fraud, coercion or illegality; failure to prove title by inheritance or other lawful means; res judicata requires production of prior judgment and proper locus of earlier forum; procedural compliance with Order 43 CPR regarding framing of grounds of appeal.
25 September 2025
Appellate court upheld a valid sale and ordered eviction, rejecting illiteracy and rental defences and affirming damages.
* Land law – validity and proof of sale agreements – separate acknowledgements read together as one contract of sale when consistent and properly witnessed. * Evidence – assessment of witness credibility and corroboration by payments and boundary marking. * Tort – occupation after lawful transfer of ownership constitutes trespass justifying eviction. * Civil procedure – appellate re-evaluation of evidence; tribunal empowered to amend or frame issues (Order 15 Rule 5(1)). * Damages – general and exemplary damages must be proved but may be upheld for proven denial of use and inconvenience.
16 September 2025
An unappealed LC.11 (parish) judgment on a land dispute bars subsequent re‑litigation; appeal dismissed and LC.11 judgment enforced.
* Land law – Jurisdiction and first-instance forum – Section 76A Land Act – Parish/Ward (LC.11) courts as courts of first instance for land disputes. * Res judicata – Prior LC.11 judgment bars re-litigation of same matter not appealed. * Enforcement – Duty to enforce unappealed LC.11 judgments and execute orders for vacant possession.
3 September 2025
A parish/ward court judgment on land is res judicata; subsequent suit is misconceived and vacated with possession ordered.
Land law – jurisdiction of parish/ward executive committee courts as courts of first instance; res judicata – enforcement of LC.11/parish court judgments; appellate review – limits where earlier local court has determined dispute; vacant possession and execution of local council judgment.
3 September 2025
August 2025
Leave refused: appeals to the High Court begin with a memorandum, and counsel’s unproven mistake does not excuse non-compliance.
Civil procedure – Appeals to High Court – Appeal to High Court must be commenced by Memorandum of Appeal (Order 43) – Notice of Appeal is issued by the High Court after memorandum – Leave to appeal to Court of Appeal requires prima facie grounds meriting serious consideration – Mistake of counsel insufficient without proof of effective instructions or counsel’s admission.
29 August 2025
Appeal allowed: disputed parcel held to be a gift inter vivos to deceased’s son; widow and children are owners, lower court judgment set aside.
Property law – gift inter vivos – exclusive occupation and user as evidence of a gift; succession – whether land formed part of intestate estate; evidentiary weight of family meeting minutes not attended by donor; appellate re-evaluation of factual findings.
28 August 2025
Leave granted to appeal on whether the Principal Judge lawfully transferred the file and on garnishee procedural questions.
* Civil procedure – Leave to appeal – Appeal is a creature of statute; leave granted only where intended appeal prima facie raises grounds meriting serious judicial consideration; * Judicial administration – Principal Judge’s administrative powers – scope and limits of transferring files and allocating to self; compliance with Constitution (Recusal of Judicial Officers) Practice Directions, 2019; * Garnishee procedure – Whether a fresh garnishee application is required after Order 23 Rule 3 and whether failure to do so invalidates a garnishee absolute; * Judicial independence – Allegations of bias, forum shopping and proper recusal process.
19 August 2025
Sale agreements and prior court admission establish buyer’s ownership; respondent declared trespasser and evicted.
* Land law – Contract of sale – Part-payment receipt and subsequent witnessed confirmation read together constitute a valid sale. * Evidence – Typing errors and differing document formats do not necessarily invalidate agreements. * Estoppel – Prior court pleading acknowledging a sale estops subsequent denial. * Relief – Declaration of ownership, nominal damages and order for vacant possession/eviction. * Civil procedure – Appellate re-evaluation of documentary and oral evidence.
19 August 2025
A District Land Board lease overrides prior Town Council user permissions; occupants without a lease are trespassers and must vacate.
Land law – urban lock-up allocations – distinction between former Town Council permissions (licences/user rights) and District Land Board leases – effect of 1995 Constitution transferring lease-granting power to District Land Boards; trespass and eviction; limitation; necessity to specifically plead and prove fraud.
19 August 2025
July 2025
Appeal dismissed after appellant departed from pleaded grounds; unchallenged sale agreement proved ownership.
Civil procedure – parties bound by pleadings; departure from grounds in memorandum without leave – objection upheld; Evidence – Letters of Administration not proof of land ownership; consent judgment against tenants does not bind non‑party owner; written sale agreement unchallenged prevails over oral evidence absent fraud.
10 July 2025
Leave to appeal refused: chief magistrate had jurisdiction and no substantial question of law or miscarriage of justice was shown.
Local Council Courts Act s32 – leave to appeal requires substantial question of law or miscarriage of justice; Jurisdiction – territorial competence of Chief Magistrate; Transfer of matters – preserve of High Court (Magistrates’ Courts Act s216); Land disputes – LC.II (parish/ward) as first instance, LC.I (village) lacks jurisdiction; Burden of proof – Evidence Act s101; Sango Bay principle on leave to appeal.
8 July 2025
A land recovery claim not brought within the 12‑year limitation period is time‑barred and dismissed with costs.
Limitation of actions – Land – Section 5 Limitation Act (12 years) – accrual of cause of action – plaint must plead any disability to toll limitation – preliminary objection considered on pleadings and court’s factual observations – "once statute barred, always statute barred."
8 July 2025
Applicant failed to show exceptional circumstances to admit a post-judgment police report as additional evidence on appeal.
* Civil procedure – Production of additional evidence on appeal – Order 43 Rule 22 CPR – discretionary admission requiring due diligence, relevance, credibility and probable influence. * Fresh vs additional evidence – evidence authored after final trial ruling and not on record is fresh and not admissible as additional evidence on appeal. * Appeal procedure – complaints about trial court’s expunging of evidence are matters for appeal, not for an interlocutory application to admit new evidence. * Burden of proof – applicant must satisfy statutory and precedent criteria before court may allow additional evidence.
2 July 2025
June 2025
Court allowed amendment of the plaint, finding amendments elaborate existing issues and do not alter the cause of action.
Civil procedure — Amendment of pleadings (Order 6 Rule 19 CPR) — Amendments before hearing to be freely allowed if they do not introduce a new cause of action or cause injustice; Service of interlocutory applications (Order 12 Rule 3(3) CPR) — failure to serve bars complaint about late replies; One respondent’s affidavit in reply can suffice to oppose an application on behalf of jointly interested parties; Authorities: Eastern Bakery v Castelino; Gaso Transport v Obene; Mulowooza & Brothers v N. Shah & Co.
27 June 2025
Applicant's appeal allowed: trial court misdirected on boundary evidence; respondent’s trespass ordered vacated.
Land law – boundary dispute; ownership by inheritance and possession – evaluation of locus in quo evidence; appellate re-evaluation of factual findings; court caution against speculation about donor’s intent; award of damages must be supported by evidence.
27 June 2025
Long, exclusive occupation and corroborated testimony established respondent's ownership by gift; appeal dismissed and appellant held trespasser.
Land law – Customary/unregistered land – Gift inter vivos – Exclusive long possession and user as proof of permanent transfer; Evidence – credibility and corroboration by original owner's son; Appeal – appellate re-evaluation and interference only for misdirection or miscarriage of justice; Trespass – entry by non-owner after long possession constitutes trespass.
13 June 2025
Appellant failed to prove ownership; court upholds inheritance and lawful sale, dismissing the appeal.
Land law – proof of ownership – burden of proof under section 101 Evidence Act; inheritance v. gift; prior judgment not determinative; constitutional equality invalidating discriminatory customary ownership rules; validity of sale by heir and purchaser.
13 June 2025
Appellants failed to prove gift or licence; respondents lawfully inherited the land and appellants trespassed.
Land law – ownership on unregistered land – proof by oral evidence; Gift inter vivos of land – requirements of intent, delivery and acceptance; Possession, prescription/adverse possession – long uninterrupted occupation as evidence of acquisition; Licensee versus adverse possessor – effect of inconsistent/hearsay evidence; Trespass – unlawful entry by occupant reclaimed; Appellate review – interference only for misdirection or miscarriage of justice.
13 June 2025
May 2025
Will invalid for lack of attesting witnesses; clan distribution upheld; appeal dismissed; general damages set aside.
Land law – succession and intestacy – validity of will (two attesting witnesses) – clan distribution of estate as equitable alternative – burden of proof on claimant – adverse possession not available where not pleaded – general damages require proof.
29 May 2025
Appeal dismissed after court struck argumentative ground and found respondent solely purchased the land.
Civil procedure - Appeal - Grounds of appeal must be concise and non-argumentative (Order 43 Rule 1(2) CPR); Evidence - Proof of joint purchase requires direct, credible evidence of contribution; Hearsay evidence insufficient to establish title or contribution; Appellate review - court may only interfere where there is misdirection or error going to root of matter.
27 May 2025
Appellants’ challenge to ownership failed; respondent’s sale agreement and witness evidence established title; appeal dismissed with costs.
* Land law – ownership – evidential value of sale agreement – written sale agreement and corroborating witnesses establish ownership. * Civil procedure – appeal – extraction of decree is not mandatory; technicality not fatal. * Civil procedure – defective grounds of appeal – Order 43 Rule 2; repetitive and argumentative grounds liable to be struck. * Criminal conviction for theft of a document does not automatically negate civil title where sale and possession are proven.
8 May 2025
Court found a valid loan contract, breach by nonpayment, and ordered principal, sale of pledged land, damages, interest and costs.
Contract law – Loan agreement – Evidence and absence of cross-examination – Breach of contract for non‑payment – Remedies: judgment for principal, sale of pledged property, extinguishment of redemption rights – General damages – Interest at court rate – Costs.
8 May 2025
March 2025
Appellate court finds alleged sale void for lack of spousal consent, declares appellant trespasser, enhances damages and orders eviction.
Land law — family land — mandatory spousal consent (Land Act ss.39–40); handwriting evidence — opinion by acquainted person; limitation — objection must be raised at trial; pecuniary jurisdiction — Magistrate Grade I; forced sale by court and compensation without valuation irregular; enhancement of general damages for loss of use of land.
28 March 2025

 

24 March 2025

 

21 March 2025
January 2025

Land Law—caveats—legal capacity—unrecognized traditional institutions—Bukooli Chiefdom—not legally recognized—gazettement—Institution of Traditional and Cultural Leaders Act—costs.

20 January 2025

Criminal Law—Traffic and Road Safety Act—driving without a permit—failure to give way to emergency vehicles—illegal sentencing—custodial sentence versus fines—mitigating factors—procedural irregularities—judicial discretion—quashing of sentences—sentence substituted with caution—appeal allowed

15 January 2025
October 2024

 

18 October 2024

 

4 October 2024
July 2024

 

16 July 2024
June 2024

 

25 June 2024
May 2024

 

24 May 2024
April 2024
16 April 2024
March 2024
28 March 2024
25 March 2024
February 2024
28 February 2024