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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
8 judgments
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8 judgments
Citation
Judgment date
December 1993
In the matter of an Application for guardianship by Ngozi Wogugu and Manfred Wogugu (Miscellaneous Application 237 of 1993) [1993] UGHC 75 (23 December 1993)

 

 23 December 1993
Frank Turyatunga v Sietco International (Civil Suit 934 of 1990) [1993] UGHC 106 (22 December 1993)
Defendant vicariously liable for collision; plaintiff awarded repair costs plus limited loss-of-use and general damages, with costs and interest.
Tort — Negligence — Road traffic collision — Motor vehicle entering main road from adjacent road — Vicarious liability of owner for driver’s negligence. Quantum — Special damages — Proof of repair costs by receipt; admissibility and challenge to garage receipt. Damages — Loss of use/loss of earnings — duty to mitigate; claimant must prove reasonable repair period to recover full non-use damages. Remedies — Award of repair costs, limited loss-of-earnings, general damages for inconvenience, costs and interest.
 22 December 1993
Mashukano v Uganda (Criminal Miscellaneous Application 141 of 1993) [1993] UGHC 76 (20 December 1993)

 

 20 December 1993
Dr. James W. Rwanyarare and Others v Attorney General (Misc. Application No. 85 of 1993 - RULING 3) [1993] UGHC 100 (14 December 1993)
Court referred whether election rules restricting campaigning breach Articles 8, 17, 18 and 20 of the Constitution to Constitutional Court.
Constitutional law – Election rules – Whether provisions restricting public campaigning and regulating candidates’ meetings contravene freedoms of expression, assembly and association and non-discrimination (Articles 8, 17, 18, 20) – Reference to Constitutional Court under Article 87 and Rule 3(2).
 14 December 1993
Dr. J. W. Rwanyarare and Others v Attorney General (Miscellaneous Application 85 of 1993) [1993] UGHC 99 (14 December 1993)
Whether specified Constituent Assembly Election Rules infringe fundamental rights and require referral to the Constitutional Court.
Constitutional procedure – referral under Article 87 and Rule 3(2) – whether trial court must refer substantial questions of constitutional interpretation to Constitutional Court; Constitutional rights – freedom of expression, assembly and association (Articles 8, 17, 18) and non-discrimination (Article 20) – challenge to election rules limiting campaigning and meetings; sufficiency of affidavits to ground a reference.
 14 December 1993
Uganda v Oyama (Criminal Session Case 146 of 1993) [1993] UGHC 70 (6 December 1993)
Circumstantial evidence raising suspicion cannot sustain a murder conviction where a reasonable alternative hypothesis exists.
Criminal law – Murder – essential ingredients: death, unlawful causation, causation by accused, malice aforethought. Circumstantial evidence – conviction only where facts are inconsistent with innocence and exclude all reasonable alternative hypotheses. Reasonable doubt – mere suspicion, however strong, insufficient to convict; benefit of doubt where a third party’s involvement is plausible.
 6 December 1993
Uganda v Yamba Musa (Criminal Session Case 144 of 1993) [1993] UGHC 69 (6 December 1993)
Victim’s age and unlawful intercourse proved, but insufficient forensic linkage to convict accused of defilement; convicted of attempt to defile.
Criminal law – Defilement – Elements: proof of sexual intercourse, age under 18, unlawfulness and identity. Evidence – Medical opinion – weight limited where conventional procedures not followed. Evidence – Corroboration – eyewitness account and victim credible but need for forensic linking evidence. Proof beyond reasonable doubt – suspicion insufficient to convict on full offence; conviction for attempt where applicable.
 6 December 1993
Dr. J.W. Rwanyarare and Others v Attorney General (Miscellaneous Application 85 of 1993) [1993] UGHC 98 (2 December 1993)
Section 1 notice under Act 20 of 1969 not required for Article 22(1) constitutional rights applications; S.I. No.26/1992 governs procedure.
Constitutional procedure – Article 22(1) jurisdiction for enforcement of fundamental rights – Article 22(5) rule‑making power – Section 1, Civil Procedure and Limitation (Misc. Provisions) Act 1969 inapplicable to Article 22 applications – validity and sufficiency of statutory notice – Fundamental Rights and Freedoms (Enforcement Procedure) Rules 1992 (S.I. No.26 of 1992).
 2 December 1993