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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. 

Physical address
Plot 2, the Square Kampala
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http://www.judiciary.go.ug/data/smenu/9/High
7 judgments
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7 judgments
Citation
Judgment date
December 2015
Bariyo & Another v Baigana (Civil Appeal 26 of 2014) [2015] UGHC 8 (9 December 2015)
Will signed by drafter with testator’s mark was admissible; testator could not bequeath land he no longer owned; trespass and damages upheld.
Illiterates Protection Act — statutory formalities for marks and verification; Succession Act s.50 — wills executed by mark; Testamentary disposition limited to property owned by testator; Trespass — entry and destruction of crops; Appellate review of damages and costs.
 9 December 2015
November 2015
Bagirushaka v Registered Trustees of Diocese of Kigezi (Civil Appeal 12 of 2013) [2015] UGHC 2 (10 November 2015)
Appellant failed to prove land ownership; long uninterrupted occupation and credible title evidence favoured the respondent.
Land law – proof of title – burden of proof on claimant to establish ownership on balance of probabilities; long uninterrupted possession and use as evidential support for title. Document authenticity – allegation of forgery must be substantiated; credibility of witnesses and contemporaneous conduct are key. First appeal – fresh review of evidence and independent assessment of credibility.
 10 November 2015
October 2015
Mwesigye v Mwesigye & Another (Civil Appeal 11 of 2012) [2015] UGHC 6 (28 October 2015)
Land qualifies as family land only if spouses ordinarily reside together on it and derive their sustenance from it.
Land law – Family land – Section 39(1)(c)(i) Land Act 1998 – Requirements: spouse, ordinary residence together, and derivation of sustenance – all three required. Evidence – First appeal – re-evaluation on balance of probabilities. Consent to sale – not required where land is not family land.
 28 October 2015
September 2015
M/s Kigezi Twimukye Co. Limited v Eng. Balaba (Civil Appeal 41 of 2012) [2015] UGHC 4 (23 September 2015)
Respondent entitled to relief where a share-cap increase unlawfully diluted holdings and amounted to oppressive conduct.
Companies Act – increase of share capital (ss.63,65) – late registration is irregularity not nullity; Oppression – minority shareholder relief where share-cap imposed to dilute majority voting power and directors ratified decision; Equity – laches inapplicable absent unreasonable delay or prejudice; Limitation – defence must be pleaded and not ordinarily raised first on appeal.
 23 September 2015
July 2015
Turyamureeba v Mbaine (Civil Appeal 40 of 2009) [2015] UGHC 3 (14 July 2015)
A district survey found the respondent's fence encroached on the appellant's land; fence to be relocated and costs borne equally.
Land law – boundary dispute – trespass – effect of erroneous prior survey and mislaid boundary marks – district surveyor report – remedy by re-establishing boundary and relocating fence – costs each party to bear.
 14 July 2015
June 2015
Nyirakamana v Nyiransekuye & 4 Others (Civil Appeal 8 of 2014) [2015] UGHC 7 (8 June 2015)
Letters of Administration revoked for omission of beneficiaries and failure to exhibit an inventory; homestead occupation protected.
Succession law – revocation of Letters of Administration for just cause (concealment of beneficiaries; failure to exhibit inventory) – validity of a will questioned where attestors absent – occupation rights of surviving occupant – procedure for selecting administrators and filing inventory.
 8 June 2015
Kisoro Town Council & Another v Zungu (Civil Appeal 3 of 2012) [2015] UGHC 5 (4 June 2015)
Possession and credible customary evidence established ownership; town council failed to prove public title; appeal dismissed.
Customary land – proof of customary tenure by possession and evidence of caretaking and burial sites; Public land – burden of proving government ownership and need for documentary proof; Transfers of customary tenure – effect of lack of prescribed authority approval under Land Reform Decree; Compensation – requirement for prompt, fair compensation where land is taken and third-party interests exist.
 4 June 2015