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
162 judgments

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162 judgments
Citation
Judgment date
November 2025
Court allowed limited amendment to plaint to include subsequent criminal conviction; evidentiary weight to be decided at trial.
Civil procedure – amendment of pleadings – Section 100 Civil Procedure Act and Order 6 Rule 19 – amendment to include subsequent criminal judgment – admissibility and evidential weight of foreign/related judgments to be determined at trial – prejudice and mala fides as grounds to refuse amendment.
3 November 2025
Extension of letters of administration granted for two years but conditioned on promptly filing the estate inventory and account.
Succession law – administrators’ duty to file inventory and account under s.273(1) – court’s discretion to extend time (Civil Procedure Act ss.96,98) – extension of Letters of Administration under s.337 – effect of pending related litigation and beneficiary consent – conditional renewal.
3 November 2025
October 2025
Applicant had prima facie case but failed to show irreparable harm; court restored status quo ante and allowed respondent temporary access.
* Civil procedure – Temporary injunctions – Test: prima facie case, irreparable injury, balance of convenience (E.L.T Kiyimba Kaggwa v Haji Katende Abdunasser). * Property law – Access easement/disputed access road – long‑standing use and economic reliance of the user. * Equity – Status quo vs status quo ante – court will not preserve an altered state created by self‑help. * Inherent jurisdiction (s.98 Civil Procedure Act) – preservation of status quo ante pending final determination.
29 October 2025
Counterclaim alleging fraud struck out for lack of particulars and being time-barred; defendants' defences retained for trial.
Civil procedure – Pleading fraud – Particulars of fraud mandatory under Order 6 r.3 CPR; Limitation – actions to recover land barred after 12 years (Limitation Act s.5); Striking out pleadings – counterclaim struck out for failure to disclose cause of action, defences retained as raising triable issues.
28 October 2025
Ineffective service justified setting aside the default judgment, but execution sale preserved absent fraud or material irregularity.
Service of summons — requirement of effective personal service or service on recognized agent; ineffective service justifies setting aside ex parte decree (Order 36 r.11). Summary procedure — defendant need only show bona fide triable issues, not full merits. Execution and judicial sale — can only be set aside for fraud, illegality or material irregularity causing substantial prejudice; mere inadequacy of price or procedural imperfections without proof of prejudice insufficient. Valuation and bailiff irregularities — must be supported with evidence to vitiate sale.
28 October 2025
Validation of still-subsisting letters of administration was moot; court dismissed the unpleaded, procedurally defective application.
* Succession Act s256(2) – validity period of letters of administration – grants valid for up to two years. * Civil procedure – mootness – courts will not grant reliefs that are academic or devoid of operative effect. * Pleadings – Order 6 Rule 5 – reliefs must arise from the notice of motion; departures are impermissible. * Evidence – oral submissions cannot substitute for affidavit evidence; facts must be placed on record. * Procedure – unpleaded relief cannot be granted; application found incompetent and dismissed.
6 October 2025
An unsubstantiated caveat will be vacated; registered indefeasible title prevails absent prima facie evidence of interest.
* Property law – Caveat – statutory nature; caveator must show prima facie legal or equitable interest supported by evidence. * Registration of Titles – Indefeasibility of title – certificate of title is conclusive evidence of ownership. * Civil procedure – Caveat akin to interlocutory injunction – cannot subsist indefinitely; caveator must prosecute substantive proceedings with diligence. * Relief – Court may vacate caveat and order Registrar to remove it where claim is unsubstantiated or delayed.
6 October 2025
September 2025
Whether the High Court has general and territorial jurisdiction to hear a divorce filed outside the respondent’s circuit.
Divorce jurisdiction — High Court’s unlimited original jurisdiction (Art.139) vis-à-vis Section 3 Divorce Act; exceptional circumstance where matrimonial assets exceed UGX 50,000,000; territorial jurisdiction under Section 15(a) Civil Procedure Act — residence of respondent determines correct circuit; filing in wrong High Court circuit not nullity — court may transfer matter.
26 September 2025
Prosecution proved theft and violence but not a deadly weapon; A1 convicted of simple robbery, A2 and A3 acquitted; compensation ordered.
* Criminal law – robbery and aggravated robbery – ingredients: theft, violence, deadly weapon, participation; proof required beyond reasonable doubt. * Admissibility – confession/charge-and-caution statement recorded outside 48-hour constitutional custody period inadmissible. * Identification evidence – victim identification accepted as sufficient for A1. * Trial on Indictments Act – subtraction/conviction of lesser cognate offence where an essential ingredient of major offence not proved. * Sentence – time served; compensation ordered and directions for application of seized funds.
26 September 2025
Confession obtained after 48 hours excluded; deadly-weapon element unproven, A1 convicted of simple robbery and ordered to pay UGX 5,000,000.
Criminal law – Aggravated robbery – elements: theft (asportation), violence, deadly weapon, participation – deadly-weapon element must be proved; confession recorded outside constitutional 48-hour custody limit is inadmissible; identification evidence must meet reliability safeguards; where an essential ingredient of aggravated robbery is missing, court may convict of the lesser cognate offence (simple robbery).
26 September 2025
Accused convicted of murder on eyewitness identification and circumstantial inference of malice; sentenced with remand deducted.
Criminal law – Murder – Elements (death, unlawful act, malice aforethought, causation) – Visual identification at night – Circumstantial inference of malice – Sentence and remand deduction.
26 September 2025
Prosecution proved aggravated defilement: victim's age, penetration and authority established; 15-year sentence with remand credit.
* Criminal law – Aggravated defilement – elements: age of victim, sexual penetration, position of authority, participation and responsibility. * Burden and standard of proof – prosecution must prove each ingredient beyond reasonable doubt. * Corroboration – victim’s testimony corroborated by PF3A and witnesses. * Credibility – minor inconsistencies do not necessarily raise reasonable doubt. * Sentencing – statutory maximum vs. sentencing guidelines, remand credit and relevant precedents.
26 September 2025
Malice aforethought not proved; accused convicted of manslaughter and sentenced to 10 years with remand credit.
Criminal law – Murder: ingredients (death, unlawful act, malice aforethought, causation); malice aforethought requires clear circumstantial inference; manslaughter as lesser cognate offence; sentencing and remand credit.
26 September 2025
Suit dismissed for want of prosecution where plaintiff failed to take steps for over two years and did not appear.
Civil procedure – dismissal for want of prosecution – Order 17 rule 6; Order 17 rule 3; Order 9 rule 22 – plaintiff’s absence at hearing – effect of prolonged inaction.
25 September 2025
Court dismissed the suit for want of prosecution after parties failed to appear and the matter remained inactive for over two years.
Civil procedure – dismissal for want of prosecution – failure of parties to appear at hearing – Order 17 r.3 CPR and Order 9 r.17 CPR – prolonged inaction (two years) justifying dismissal.
25 September 2025
Suit dismissed for want of prosecution after parties failed to appear and no action taken for over two years.
Civil procedure – dismissal for want of prosecution – non-appearance at hearing – Order 17 r.3, Order 9 r.17 and Order 17 r.6 CPR – suit dormant for over two years.
25 September 2025
Court dismissed the suit for want of prosecution after parties failed to appear and no steps had been taken for over two years.
* Civil procedure – dismissal for non-appearance – Order 17 r.3 and Order 9 r.17 CPR permit disposal or dismissal where parties fail to appear. * Civil procedure – want of prosecution – Order 17 r.6 CPR allows dismissal where no step is taken for two years. * Application to dismiss a suit as frivolous/vexatious – court dismissed for procedural non-prosecution and non-appearance.
24 September 2025
Court dismissed the suit for want of prosecution after parties failed to appear and the matter lay dormant over two years.
Civil procedure — dismissal for want of prosecution — non-appearance of parties at hearing — Order 77 r.3 CPR; dismissal where neither party appears — Order 9 r.17 CPR; inaction for two years — Order 17 r.6 CPR.
24 September 2025
Filing a fresh suit on the same land while a related appeal is pending amounted to abuse of court process; application dismissed and suit stayed.
Land — lis pendens and multiplicity of suits — abuse of court process where fresh suit repeats issues in pending appeal; interim injunction principles; stay of proceedings; costs.
23 September 2025
Court revoked administrators’ grant for wilful mismanagement, cancelled transfers, appointed plaintiffs as administrators and awarded damages.
Succession law – Administration of estates – Duty to file inventory and accounts under section 278(1) – Wilful omission and mismanagement as grounds for revocation under section 230(2) – Nullification of fraudulent transfers – Appointment of new administrators and remedies including damages, interest and costs.
23 September 2025
High Court may hear trespass claims where licensee entered land without statutory notice; ERA’s compensation jurisdiction is not exclusive.
* Electricity Act – Sections 67 & 70 – jurisdictional scope of ERA for compensation claims – notification/consent requirement – distinction between compensation claims and trespass. * Civil procedure – jurisdictional challenge – Order 9 Rule 3 – late objection and abuse of process. * Limitation – section 70(2) one‑year rule applies to ERA claims, not to High Court trespass actions.
16 September 2025
Revision application held fatally defective for lack of a proper affidavit; Applicant given 14 days to file a complete affidavit.
Civil procedure — Revision under Section 83 Civil Procedure Act; defective/incomplete affidavit as fatal procedural defect; affidavit as evidential foundation for Order 52 motions; curable defects and Court’s power under Article 126(2)(e) and Section 98 to allow rectification; relief constrained by pleadings; admissibility of documents marked for identification.
15 September 2025
Local Council III courts lack original jurisdiction over land disputes, which must first be filed at the village Local Council I court.
Civil procedure – Judicial review – Revision of Local Council Court decisions – Jurisdictional limits of Local Council III courts – Land disputes – Proper forum for commencement of land matters – Administration of estates.
11 September 2025
High Court declines to order cancellation of land titles due to lack of specificity and third parties not joined in prior suit.
Land law – Registration of Titles Act – consequential orders – specificity of property in judgments – protection of third-party interests – requirement for clarity in orders for cancellation of title.
11 September 2025
The court granted a two-year extension of letters of administration to allow completion of estate recovery and distribution.
Succession Law – Letters of administration – Extension of time – Whether valid grounds exist for extension to allow completion of estate administration – Consent of beneficiaries – Pending litigation for recovery of estate property.
11 September 2025
Beneficiaries may sue to protect an estate before administration is granted, and affidavits need not be by principal officers.
Civil Procedure – Company representation – locus standi – beneficiaries’ right to sue prior to grant of letters of administration – affidavits as evidence not pleadings – cause of action – fraudulent land acquisition.
9 September 2025
Joinder of parties as counter-defendants allowed to ensure effective and complete resolution of land dispute.
Civil procedure – Joinder of parties – Discretion under Order 1 Rule 10 of the Civil Procedure Rules – Amendment of counterclaim – Proof and effect of service of court process – Avoidance of multiplicity of proceedings – Comprehensive adjudication of disputes.
1 September 2025
August 2025
The court granted leave to amend an affidavit, prioritizing substantive justice over form where no evidential averment is affected.
Civil Procedure – Amendments – Leave to amend affidavits – Exception to general rule; Amendment allowed where no evidential averment affected – Importance of substantive justice over technicality.
26 August 2025
A claim on agreement breach involving land in Luwero falls within the High Court at Luwero's territorial jurisdiction.
Civil procedure – territorial jurisdiction – locus of subject matter – breach of contract – transfer or dismissal for want of jurisdiction – High Court circuits’ jurisdiction under statutory instrument.
19 August 2025
Limitation law applies to recovery of land claims, including continuous trespass, and preliminary objections need not always be pleaded.
Civil procedure – preliminary objections – whether must be pleaded – Limitation Act and actions to recover land – continuous trespass – time-barred claims – evaluation of evidence by trial court – appellate powers of the High Court.
12 August 2025
Extension of letters of administration conditioned on timely filing of estate inventory, with unsatisfactory reasons for prior non-compliance.
Succession law – Letters of administration – Application for extension of grant – Delay in filing inventory – Sufficient cause – Statutory obligations of administrators – Condition precedent to grant extension – Ongoing investigations into estate property.
12 August 2025
Court granted leave to admit a late witness statement, prioritizing substantive justice over procedural technicalities.
Civil procedure – witness statements – late filing – admission of evidence out of time – discretion of court – prejudice to other party – interests of justice.
12 August 2025
Court declared the plaintiff the rightful bibanja holder and found the defendant liable for trespass, awarding damages and injunction.
Land law – Bibanja interests – Lawful occupant under the Land Act – Trespass – Registered proprietor's rights vs. lawful tenant's possessory rights – Dual interests in mailo land – Remedies for trespass – Permanent injunction – General damages.
8 August 2025
Court finds defendants not estate beneficiaries and orders removal of caveats on suit land for illegal trespass.
Property Law – succession – beneficiaries – lodgment of caveats – trespass on estate land.
6 August 2025
July 2025
Application for abatement or dismissal of suit rejected; procedural compliance and cause of action considered.
Civil Procedure - Summons for directions - Service of summons - Abatement of suit - Cause of action and limitation issues.
31 July 2025
Court quashes land title cancellation due to contempt of court and procedural impropriety, orders reinstatement.
Land law – Certificate of title – Judicial review - illegality, procedural impropriety, natural justice, fraud allegations, cancellation of title
31 July 2025
Court grants extension to file judicial review application due to valid delay reasons and prospects of success.
Judicial review - Extension of time - Right to challenge administrative actions - Factors for granting time extension
31 July 2025
Court clarifies difference between extension and renewal of letters of administration, allowing extension conditional on timely filing of inventory.
Succession law – Extension versus renewal of grant – Letters of administration – Expiry by operation of law – Requirement to file estate inventory – Discretion of the court to allow late filing – Beneficiary consent and absence of objection significant factors.
25 July 2025

 

14 July 2025

 

8 July 2025

 

8 July 2025

 

6 July 2025

 

4 July 2025
June 2025

 

28 June 2025

 

27 June 2025

 

27 June 2025

 

26 June 2025

Land Law – Appeal under Section 88(12) Land Act – Registrar’s public hearing report – Functus officio – Registrar cannot amend report after Appeal is filed – Powers shift to court – Concession by Registrar not binding – Judgment on admission requires clear, unambiguous admission – Article 28(1) Constitution – Fair hearing – Court to hear Appeal on merits – Costs in the cause

20 June 2025

 

18 June 2025

 

12 June 2025