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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

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1 judgment

Citation	Judgment date
June 2010
National Housing and Construction Company Ltd v Kemirembe Sarah (Civil Appeal No 71 of 2009) [2010] UGHC 254 (2 June 2010) An alleged right of way involving deprivation of property must be brought by plaint and proved at trial; notice of motion was inappropriate and appeal allowed. Civil procedure – Proper mode of commencing proceedings – Notice of motion versus plaint – Order 4 r.1 CPR and S.19 CPA. Property law – alleged easement/right of way – requirement for full trial and proof on balance of probabilities. Access to Road Act – statutory form and sketch requirement; inapplicability where procedure not followed. Affidavits – competence, commissioning and altered documents – effect on credibility and entitlement to interlocutory relief. Constitutional protection of property (Article 26) relevant where deprivation is alleged.	2 June 2010

Citation

Judgment date

June 2010

National Housing and Construction Company Ltd v Kemirembe Sarah (Civil Appeal No 71 of 2009) [2010] UGHC 254 (2 June 2010)

An alleged right of way involving deprivation of property must be brought by plaint and proved at trial; notice of motion was inappropriate and appeal allowed.

Civil procedure – Proper mode of commencing proceedings – Notice of motion versus plaint – Order 4 r.1 CPR and S.19 CPA. Property law – alleged easement/right of way – requirement for full trial and proof on balance of probabilities. Access to Road Act – statutory form and sketch requirement; inapplicability where procedure not followed. Affidavits – competence, commissioning and altered documents – effect on credibility and entitlement to interlocutory relief. Constitutional protection of property (Article 26) relevant where deprivation is alleged.

2 June 2010