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
502 judgments

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502 judgments
Citation
Judgment date
July 2017
Court finds fraudulent land transfer and orders defendants to compensate the plaintiff and cancel the fraudulent registration.
Land Law – Fraudulent transfer of title – Money lending vs. sale – Bona fide purchaser – Trespass
14 July 2017
May 2017
Court affirmed enforceability of land sale contract involving estate property, requiring full transfer or compensation.
Land sale contract validity – Administrator powers – Beneficiary's capacity to sell estate property – Remedies from breach of sales contract.
29 May 2017
Court dismisses res judicata suit over government property allocation, enforcing policy guidelines favoring civil servant tenants.
Civil Procedure – Res Judicata – Property Allocation by Government – Lawful Occupant Tenancy Rights
4 May 2017
April 2017
Court finds title transfer to first defendant fraudulent, awards damages, and upholds third defendant's title as bonafide purchaser.
Property law – fraudulent title transfer – estate administration – bonafide purchaser without notice – understatements in property valuation.
25 April 2017
March 2017
Appellant's appeal succeeds on issues of procedural cost imposition and denial of hearing during consolidation.
Civil Procedure – Consolidation of applications – Procedural errors in judgment – Award of costs without justification.
23 March 2017
August 2016
Both the appeal and cross-appeal against a taxation decision were struck out as procedurally incompetent for lack of essential documents and lateness.
Civil procedure – Taxation of costs – Appeals from decisions of taxing officers – Procedural requirements – Necessity of proper record and bill of costs – Limitation period for appeals – Incompetent appeals and cross-appeals dismissed for non-compliance.
24 August 2016
June 2016
A Member of Parliament’s election was annulled due to lack of proper verification of academic qualifications required for nomination.
Election law – qualifications of candidates – requirement of authentic and valid academic qualifications for nomination – due diligence in verification of academic papers for electoral candidacy – electoral commission reliance on certificates of equivalence – effect of non-compliance with statutory verification process – burden of proving authenticity of academic qualifications – electoral malpractices not established without cogent evidence.
10 June 2016
February 2016
Court orders minority shareholder's shares bought back and withheld profits paid due to unfair exclusion from management.
Company Law – minority shareholder rights – member's exclusion from management – remedies for unfair prejudice.
9 February 2016
December 2015
The bank was found negligent for failing to verify customer details, causing fraud and plaintiff's financial loss.
Banking Law - negligence - duty of care in account opening - customer verification - fraud prevention
7 December 2015
October 2015
The court upheld former employees' claim for severance packages based on a binding board resolution.
Employment Law – Severance Package – Employment Contract – Board Resolutions – Special Damages – General Damages
26 October 2015
June 2015
The suit was found to be an abuse of court process due to duplicative litigation concerning the same estate.
Civil Procedure - Lis Pendens - Abuse of Process - Multiple suits concerning estate properties - Jurisdiction - Substantially the same parties and issues.
8 June 2015
November 2014
Appellants failed to prove land ownership or respondent trespass, leading to dismissal of their appeal.
Land - Ownership claims - Trespass - Burden of proof in ownership disputes - Validity of sale agreements - Inheritance rights
20 November 2014
Court held that Plaintiff lawfully acquired the land; Defendants' counterclaim for fraud was dismissed.
Property law – Fraudulent acquisition of land – Titles Act – Registrable interest – Letters of administration
19 November 2014
July 2014
A non-party must seek a review, not revision, for challenging a lower court's decree affecting their interest.
Civil Procedure – Revision and Review – Locus Standi – Jurisdictional Error – Non-party's Right to Challenge a Judgment
1 July 2014
December 2013
Defendants were declared bonafide occupants, with Kibanja interest, not trespassers; plaintiff's suit dismissed.
Land Law – Customary tenure – Kibanja interest – Bonafide occupant status – Land Reform Decree – Land Act 1998
16 December 2013
Appeal dismissed; Judicial Service Commission's decision procedurally proper despite allegations of bias and misdirection.
Judicial Service - Disciplinary measures - Delayed judgment - Evaluation of evidence - Judicial code contraventions.
16 December 2013
November 2013
Plaintiff's claim for destroyed property during eviction dismissed due to lack of proof and bonafide occupancy.
Property law – Eviction – Damages claim for alleged destruction of property – Bonafide occupancy definition
13 November 2013
October 2013
The plaintiff's employment termination was found unlawful due to procedural breaches, meriting damages and remedies.
Employment Law - wrongful termination - breach of natural justice - fair hearing - remedies for wrongful dismissal
31 October 2013
The court ruled EARC period must be included in URC's pension calculations for former employees.
Employment Law – Termination Benefits – Continuous Service Calculation – Allowances Underpayment – Housing Entitlement Post-Termination.
18 October 2013
June 2013

 

27 June 2013
May 2013
A plaint seeking to enforce access through neighboring land was dismissed for disclosing no cause of action and violating property rights.
Civil procedure – Rejection of plaint for lack of cause of action – Land and property rights – Easement and right of access – Property law – Constitutional right to property and privacy – Role of local authority decisions in land dispute resolution – Procedure for asserting rights to access over another’s land.
28 May 2013
The court dismissed the claim of malicious prosecution due to lack of evidence of malice or ill-will.
Tort Law - Malicious prosecution - Lack of evidence for malice - Vicarious liability for agents' actions
23 May 2013
April 2013
Court orders defendants to transfer property to plaintiffs for breach and fraudulent actions during sale agreement.
Contract law – Breach of contract – Memorandum of sale – Failure to complete obligations – Fraudulent actions.
30 April 2013
The court set aside a refund order for UGX 2.3 million based on fraudulent transactions by a bank employee.
Banking law – appeals on erroneous debits – fraudulent transactions – bank liability for employee fraud.
30 April 2013
High Court has jurisdiction over EALA election disputes, but petition struck off for lack of locus standi and being time-barred.
EAC Treaty (Articles 50, 51, 52) – jurisdiction of domestic courts over EALA election disputes; domestication of Treaty; application of domestic election laws mutatis mutandis; locus standi and time bar for election petitions; Secretary General’s obligations and cause of action.
5 April 2013
March 2013
Court held security company liable for burglary losses due to guard's negligent abandonment of duty.
Tort - negligence and vicarious liability - security services contract - contract disclaimers - evidence of liability.
1 March 2013
February 2013
Judicial review declared nullification of sublease by public authority illegal due to procedural violations of fair hearing rights.
Judicial Review – Land Law – Lease Agreements – Compliance with PPDA Act – Principles of Natural Justice – Illegality, Irrationality, and Procedural Impropriety.
25 February 2013
Audit reports with adverse findings are not binding decisions subject to judicial review before Parliament acts on them.
Judicial review – Certiorari and prohibition – Audit reports – Nature of reviewable decisions – Right to be heard – Prematurity – Powers of the Auditor General – Role of Parliament.
18 February 2013
January 2013
Court affirms pension entitlements for former UPTC employees based on continuous service under successor companies.
Employment law - pension rights and entitlements - Public Enterprises Reform and Divestiture Act vs Uganda Communications Act - breach of contract and calculation of pensions.
22 January 2013
December 2012
The court held that PAYE deductions from terminal benefits were unlawful, declaring such benefits tax-exempt.
Income Tax – PAYE deductions – Terminal benefits as taxable income – Applicability of tax exemptions under the Pensions Act.
16 December 2012
The appellant's registered land ownership and absence of fraud nullify respondent's claims of lawful occupancy.
Land Law - Ownership - Registered Land Title - Customary Tenancy - Trespass - Evidential Burden
6 December 2012
June 2012
Court exempts severance package claim from limitation period but finds suit res judicata for some plaintiffs.
Employment law – severance packages – limitation period for contractual claims – res judicata – specific performance
12 June 2012
May 2012
Reinstatement denied where applicant’s affidavit contained contradictions and apparent falsehoods, showing no reasonable justification.
Civil Procedure – reinstatement of dismissed application (S.98 CPA; Order 9 r23 CPR) – applicant’s non-attendance – material contradictions and apparent falsehoods in affidavit – requirement to come to court with clean hands – no probability of success – dismissal with costs.
24 May 2012
April 2012
Appeal was struck off as incompetent for lack of leave to appeal against an unlisted order.
Civil Procedure - Appeals - Competence of an appeal without leave when appealing an order not listed under Order 44 rule 1.
30 April 2012
Court holds defendant liable for negligence in garage wall collapse causing car damage.
Negligence – breach of duty of care – liability for damage to property at premises – remedies for unlawful damage
30 April 2012
Shareholders' legitimacy and lawful directorship removals in a company were confirmed by court.
Company Law – Shareholder rights – Validity of share transfers – Directorship appointments and removals
26 April 2012
Appeal allowed due to improper evaluation of evidence in land ownership dispute, confirming appellant's customary land rights.
Land dispute - Ownership of customary land - Evaluation of evidence - Locus standi in property claims.
24 April 2012
February 2012
The court deemed plaintiffs' occupancy and damage claims against defendants at Maruzi Ranch legally unfounded.
Civil procedure - evacuations and property loss claims - legality of occupancy and proper evacuation orders - proof of damages
22 February 2012
Court dismisses claims against defendants, finding plaintiffs' ranch occupancy unlawful with no proven losses.
Property law - unlawful occupancy - eviction - proof of loss and damages - legality of defendants' actions.
22 February 2012
January 2012
Plaintiffs' title to land obtained fraudulently; title restored to late Yozefu Bukenya's name; defendants not trespassers.
Land Law – Trespass – Customary marriage under Baganda laws – Title acquisition through fraud – Estate administration.
25 January 2012
October 2011
An election may be set aside upon proof of bribery by the successful candidate, regardless of non-compliance with other electoral procedures.
Electoral law – Election petitions – Whether non-compliance with electoral law and irregularities (including ballot paper errors and exclusion of agents) invalidated the election – Burden of proof in election petitions – Standard of proof – Election bribery – Proof of illegal practices – Setting aside of election upon proof of bribery – Reliefs and costs.
5 October 2011
June 2011
The original proprietor had authority to sell the land, invalidating the respondent’s later purchase claims.
Land Law – Authority to Sell – Retrospective Validity of Letters of Administration – Bona Fide Purchaser for Value – Possession and Title Claims.
27 June 2011
Court finds wrongful termination due to procedural breaches and unjustified disclosure of dismissal details.
Employment Law – wrongful termination – disciplinary hearing breaches – disclosure of dismissal details.
17 June 2011
The court held that the abrupt termination of an employee's service without adherence to procedural fairness was wrongful.
Employment law - wrongful termination - entitlement to damages - procedure for disciplining employees - fairness in termination process - payment and communication of terminal benefits.
10 June 2011
The appellate court affirmed vehicle ownership rights based on documented proof, dismissing the appellant's purchase claim.
Property Law – ownership – proof of ownership through receipts and logbooks – bona fide purchaser – jurisdictional challenges
1 June 2011
April 2011
Court dismisses case, finding defendant was a bona fide purchaser without notice of fraud.
Land Law – fraudulent transfer – bona fide purchaser – Letters of Administration validity – fraud and notice
19 April 2011
March 2011
Regulation 32(1) does not create a fixed-term contract; retrenchment with statutory benefits doesn't entitle payment for unserved period.
Employment law – Interpretation of Regulation 32(1) SI No. 80 of 2000 – fixed-term contract versus compulsory retirement – computation of terminal benefits under Regulation 37 – retrenchment/restructuring and entitlement to remuneration for unserved period – relevance of Bank of Uganda v. Tinkamanyire.
31 March 2011
February 2011
Court finds Tribunal erred in rejecting input/output method and remits for reassessment of correct tax.
Tax Law – VAT assessment – Satisfaction of the Commissioner with taxpayer returns – Use of input/output method – Legal basis and application under VAT Act.
25 February 2011
January 2011
Court dismisses suit as plaintiffs fail to prove rightful ownership or fraud in property acquisition by defendants.
Property law – Ownership disputes – Allegations of fraudulent acquisition – Bonafide purchaser doctrine – Lease expiration
12 January 2011
December 2010

 

21 December 2010