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

10 judgments

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10 judgments

Citation	Judgment date
October 1996
Dr. Engineer Bategana Katwiremu v Elijah Dickens Mushemeza and Others (Election Petition 1 of 1996) [1996] UGHC 101 (3 October 1996) An expired practising certificate does not automatically invalidate an affidavit commissioned under the Commissioners for Oaths Act. Election petitions – preliminary objections – competence of joint replies by Returning Officer and Electoral Commission; mandatory filing fees – requirement and proof of payment; affidavits commissioned by an advocate with expired practising certificate – effect under Commissioners for Oaths (Advocates) Act; locus standi and ex parte consequences.	3 October 1996
Dr. Engineer Bategana Katwiremu v Mushemeza and Others (Election Petition 1 of 1996) [1996] UGHC 63 (3 October 1996) Court held joint replies and replies accompanied by affidavits commissioned by an uncertificated advocate remain competent; fee objection failed. Electoral law – Election petitions – Competence of replies – Whether a Returning Officer may join with the Electoral Commission in a joint reply. Civil procedure – Filing requirements – Effect of alleged non-payment of mandatory filing fees on competence of pleadings. Evidence/Procedure – Affidavits – Validity of affidavits commissioned by an advocate whose practising certificate had expired; interplay between the Advocates Act and the Commissioners for Oaths (Advocates) Act.	3 October 1996
August 1996
Uganda v Siragi Rubowa and Odida Aron (Criminal Session Case No. 342/94) [1996] UGHC 72 (5 August 1996) Accused acquitted of murder due to insufficient evidence and lack of prima facie case by prosecution. Criminal Law – Murder charge – Submissions of no case to answer – Requirement of prima facie evidence – Insufficient evidence by prosecution.	5 August 1996
April 1996
Uganda v Tumushabe (Criminal Sessions Case 206 of 1995) [1996] UGHC 20 (22 April 1996) Prosecution failed to prove essential elements of defilement; no prima facie case, accused acquitted and released. Criminal law – Defilement (s.123(1) Penal Code) – Prima facie case – Essential ingredients (age and sexual intercourse) must be proved before requiring accused to defend – Failure to produce key witnesses may amount to closure of prosecution case.	22 April 1996
Uganda v Kasingye (Criminal Sessions Case 348 of 1994) [1996] UGHC 23 (17 April 1996) Prosecution failed to prove unlawfulness and causation of the child's death beyond reasonable doubt; accused acquitted. Criminal law – Murder – elements of murder (death, unlawfulness, malice aforethought, identification) – burden of proof beyond reasonable doubt – unreliability/incompleteness of post-mortem report – inconsistent witness statements undermining causation and unlawfulness.	17 April 1996
Uganda v Mugisha (Criminal Session Case 340 of 1994) [1996] UGHC 25 (17 April 1996) Conviction for defilement upheld where medical findings, eyewitness observations and accused’s admission corroborated the complainant. Criminal law — Defilement — Elements: age of complainant, occurrence of sexual intercourse, identity of assailant — burden of proof beyond reasonable doubt. Sexual offences — Caution when acting on complainant’s testimony — corroboration by medical evidence and admissions. Evidence — Medical evidence (ruptured hymen, bruising), witness observation and admissions as corroboration of complainant’s account. Sentencing — Seriousness of offence, breach of trust in school setting, first offender and remand period considered.	17 April 1996
Uganda v Tirugurwa and Another (Criminal Session Case 212 of 1995) [1996] UGHC 29 (17 April 1996) Uncorroborated nighttime identification and insufficient evidence of participation led to acquittals for murder and aggravated robbery. Criminal law – Murder – elements: death, unlawfulness, malice aforethought, participation. Criminal law – Aggravated robbery – theft accompanied by violence and death in course of offence. Evidence – Identification by single witness at night requires caution and corroboration. Criminal procedure – No case to answer where prosecution evidence is insufficient to make out participation.	17 April 1996
March 1996
Uganda v Niwe amwesiga (Criminal Session Case 205 of 1995) [1996] UGHC 26 (26 March 1996) Accused acquitted where child complainant incompetent to take oath and medical evidence was unreliable, so no prima facie case. Criminal law – Defilement – Whether prima facie case established to call accused to answer; Competence of child witness – understanding of oath and duty to tell truth; Medical evidence – reliability and absence of Medical Form 5; No case to answer – effect of missing or unavailable prosecution witnesses; Acquittal and release where prosecution evidence insufficient.	26 March 1996
Uganda v Tumushabe (Criminal Session Case 206 of 1995) [1996] UGHC 30 (22 March 1996) Prosecution failed to prove age and intercourse; no prima facie case, accused acquitted. Criminal law – Defilement – Prima facie case – Whether prosecution proved complainant’s age and sexual intercourse – Failure to produce complainant/witnesses – Acquittal where essential ingredients unproved.	22 March 1996
February 1996
Uganda v Kyomuhangi (Criminal Session Case 349 of 1994) [1996] UGHC 19 (21 February 1996) The accused pleaded guilty to manslaughter and was sentenced to three years with remand time credited. Criminal law – Manslaughter – Change of plea from not guilty to guilty – Acceptance of plea – Sentencing – Mitigation: guilty plea, remorse, first offender status, dependent children – Credit for time spent on remand.	21 February 1996