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

14 judgments

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14 judgments

Citation	Judgment date
December 2001
Babweyaka and Others v Kampala District Land Board and Another (Civil Suit No. 511 of 2001) [2001] UGHC 120 (21 December 2001) Plaintiffs were neither lawful nor bona fide occupants; the lease and certificate of title were lawfully obtained; judgment for defendants with costs. Land Act 1998 s30 — meaning of "lawful occupant" and "bona fide occupant"; twelve‑year occupation requirement for bona fide status; omission of purchasers from s30(2) deliberate; authority of statutory owner to lease; lawfulness of certificate of title grant.	21 December 2001
Musoke v Byenkya and Rwese (Civil Appeal No. 50/2001) [2001] UGHC 125 (11 December 2001) Failure to serve summons within 12 months is a substantive defect rendering proceedings a nullity; suit reinstated subject to limitation. Civil procedure – service of process – Order 9 rule 16(1) – mandatory requirement; failure to serve within 12 months renders proceedings nullity. Res judicata – preliminary objections not finally determined do not bar re‑raising. Procedural technicalities v substantive justice – service requirement is substantive, not merely technical. Effect of fresh summons – cannot validate proceedings tainted by prior defective service.	11 December 2001
November 2001
Salzgitter Handel GMBH v Sembule Steel Mills Limited (COMPANY CAUSE NO. 06 OF 2001) [2001] UGHC 129 (21 November 2001) An unsecured creditor proved insolvency and obtained a winding-up order despite competing secured-creditor rescue proposals. * Company law – Winding-up – Creditor’s petition under Companies Act s.222(e) – entitlement of unsecured creditor to petition. * Insolvency – inability to pay debts – proof and admission of debt. * Secured creditors – mortgages and debentures – right to realize security after commencement of winding up. * Abuse of process – winding-up petition vs. debt-collection; court’s role in preventing misuse.	21 November 2001
Byamukama & Another v Rwomwiju (Civil Suit 514 of 2001) [2001] UGHC 114 (5 November 2001)	5 November 2001
October 2001
Orient Bank Ltd v Francis Paschal Ntabaaazi and Mathias Senyondo (Civil Suit No 712/97) [2001] UGHC 130 (17 October 2001) Bank entitled to recover on loan default via foreclosure of mortgaged property and enforce guarantor's obligations. Banking law – Loan default – Guarantee – Power of Attorney – Foreclosure of mortgaged property.	17 October 2001
August 2001
Melda Nanfuka Lubega v Esta Nalubega and Charles Bukenya (Civil Suit 1078 of 1999) [2001] UGHC 132 (20 August 2001) Court validates a will and grants administration rights to the widow and Administrator General, with joint estate management. Succession law – validity of wills – letters of administration – jointly owned property – estate management.	20 August 2001
July 2001
Hot Loaf Bakery Ltd v Semwanga t/a Abbey Semwanga & Sons (Civil Suit No. 112 of 1999) [2001] UGHC 121 (5 July 2001) Court awarded plaintiff Shs.20,739,300 plus interest and costs after rejecting defendant’s unproven fraud and payment defences. * Commercial law – Credit sales secured by post‑dated cheques – Dishonour of cheques and proof of unpaid debt. * Pleadings – Fraud and conspiracy – requirement for particulars and proof on balance of probabilities in civil claims. * Evidence – tracing cheques through bank statements and credibility of witnesses in commercial debt recovery. * Remedies – quantification of debt, award of interest at bank rate and costs.	5 July 2001
June 2001
Kaggwa v Bond Air Services Ltd and Others (Civil Suit No. 740 of 1994) [2001] UGHC 123 (20 June 2001) Plaintiff failed to prove fraud or that his title was not validly mortgaged; suit against the bank dismissed with costs. Property law – Mortgage security – Interpretation of mortgage deed wording ("inclusive of all sums already advanced or incurred") – Proof of amount secured; Fraud and misrepresentation – Alleged substitution/use of title as security – Burden of proof; Power of attorney – Form issues not decisive where mortgage deed effects are clear.	20 June 2001
Administrator General v Musisi (Civil Suit 555 of 1998) [2001] UGHC 115 (15 June 2001)	15 June 2001
May 2001
Jolly Tumuheirwe v Major Bugingo and Others (Civil Suit No. 1211 of 1999) [2001] UGHC 133 (25 May 2001) Constructive eviction via wrongful termination of canteen contract; defendant liable for debts, stock, fittings and losses. * Contract law – wrongful termination – constructive eviction by lock-out; adequacy of notice. * Contract conditions – interpretation of restrictions on attendants, credit facilities and pricing. * Agency/undertaking – deduction from soldiers’ salaries and unit liability for debts. * Remedies – assessment of damages for stock, personal effects, building works, loss of earnings, interest and costs.	25 May 2001
Concorp International Ltd v Eastern & Southern Trade and Development Bank (HCT-00-CV-CS-0048-2001) [2001] UGHC 117 (19 May 2001) Failure to obtain a Presidential waiver under the Bank's statute renders the suit prematurely filed and dismissible. Bank immunity – Eastern & Southern African Trade and Development Bank Statute 1992 – Article 43(3) Charter – Presidential waiver required before instituting legal proceedings – Failure to obtain waiver renders suit premature.	19 May 2001
April 2001
Civil Aviation Authority v East African Underwriters Ltd (MISC. APPLICATION NO. 127 OF 2001) [2001] UGHC 116 (27 April 2001) Letters showing a clear undertaking to pay under a performance bond can support immediate judgment despite "without prejudice" notation. * Performance bonds – independent obligation – enforceable absent fraud; * Admissibility of correspondence – "without prejudice" letters may amount to admissions when they evidence definite undertakings; * Civil procedure – Order 11 r.6 – admissions otherwise than on pleadings can found immediate judgment; * Estoppel – insurer estopped from denying liability after clear undertaking; * Remedies – damages/monetary judgment, interest and costs.	27 April 2001
February 2001
International Credit Bank Ltd (In Liquidation) v Sanyutex Limited (MISC. APPLICATION NO. 22 OF 2001) [2001] UGHC 122 (22 February 2001) Leave to defend a summary action for an overdrawn account refused; honoured cheques can create enforceable overdrafts without board resolution. Civil procedure – Summary judgment – Recovery of liquidated debt evidenced by bank statement; Overdrafts – Cheque causing overdraft suffices as application and is enforceable if honoured by bank even without board resolution; Estoppel and overlapping directorships – does not automatically defeat bank’s claim; No triable issue – leave to defend refused.	22 February 2001
Shell Uganda Limited v Michael Kibirango (Miscellaneous Application 303 of 2000) [2001] UGHC 131 (13 February 2001)	13 February 2001