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
121 judgments

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121 judgments
Citation
Judgment date
October 2025
Court ordered lapse of dormant beneficiary caveats on estate land, finding administrators had standing and caveators had not prosecuted interest.
* Registration of Titles Act – Sections 123 & 124 – beneficiary caveat – require protectable legal or equitable interest and may be removed by court where dormant or unprosecuted. * Administrators’ standing – Letters of Administration confer sufficient interest to seek lapse of caveats affecting estate land. * Caveat doctrine – caveat is protective and temporary; inactivity/sleeping on rights and failure to prosecute justify removal. * Registrar’s powers – beneficiary caveats cannot be administratively lapsed; court order required.
24 October 2025
Court stayed execution of a land judgment pending appeal and declined to order security for due performance.
* Civil procedure – Stay of execution – Requirements: notice of appeal, likelihood of success, risk of substantial loss, absence of undue delay, security for due performance. * Land law – Self-executing orders and extraction of decree as imminent threat of execution – risk of eviction. * Discretion to order security for due performance – not mandatory, assessed case-by-case; declined where it would impede right of appeal in land disputes.
20 October 2025
Court invoked inherent jurisdiction to enforce a beneficiary's succession register entitlement, ordering title creation and transfer subject to survey.
* Succession registers (Buganda) – enforceability of historical succession records and beneficiaries' entitlements. * Inherent jurisdiction – High Court’s power to fill regulatory lacunae and give effect to vested rights where no statutory remedy exists. * Land registration – creation of a white page (certificate of title), location survey and protection against third-party interests before mutation/transfer. * Administrator General – limits of jurisdiction following deletion of S.I. No. 150 of 1967 and obligation to cooperate in facilitating transfers. * Costs – discretionary refusal to award costs against public bodies acting in good faith.
13 October 2025
Court authorized mother as guardian to sell minor's property for education, emphasizing parens patriae and best-interests principle.
Guardianship (proprietary rights) – minor's incapacity to contract – parens patriae – best interests of the child – factors for appointment: age, relationship, nature of property, purpose, minor's wishes – court authorization required for sale of minor's property.
13 October 2025
Court corrected a clerical error under s.99, confirming the appellant is entitled to one-quarter of the disputed plot and ordering vacatur of excess occupation.
* Civil Procedure Act s.99 – Correction of clerical or accidental slips in judgments, decrees or orders; effect on extracted decrees. * Property/land law – entitlement to specified fraction of landed property (one-quarter) and consequences of excess occupation. * Procedure – ordering survey to ascertain proprietary portions and apportionment of survey costs; costs awarded to successful party.
13 October 2025
Court granted leave to amend defence to add counterclaim and annexures to avoid multiplicity of suits, with timelines.
Civil procedure – Amendment of pleadings – Order 6 Rule 19 – Leave to amend written statement of defence – Inclusion of counterclaim – Avoidance of multiplicity of suits – Timelines for filing and response – Costs each party bears own costs.
10 October 2025
Application to stay self-executing High Court orders dismissed; no imminent harm shown and costs awarded personally against the registrar.
* Civil procedure – Stay of execution – prerequisites for stay: prima facie appealability/likelihood of success, irreparable harm or risk of nugatory appeal, balance of convenience, and promptitude. * Self-executing orders – effect and amenability to stay; such orders take immediate effect but can be set aside on appeal. * Contempt and non-compliance – refusal to register documents contrary to court orders may amount to contempt and abuse of process. * Costs – personal liability of public officer for costs where conduct warrants lifting the veil on public office.
10 October 2025
Court found plaintiff’s equitable title and possession, voided later sale, cancelled titles, granted injunction, eviction and damages.
Property law – equitable interest and constructive possession; trespass to land; indefeasibility of title vs. fraud/bad faith; bona fide purchaser and duty of inquiry; cancellation of certificates of title; exemplary damages against vendor for reselling land.
7 October 2025
Late-stage amendment introducing a new cause of action and reopening a nearly completed trial was refused for prejudice and lack of grounds.
* Civil procedure – amendment of pleadings – Order 6 r.19 – amendments to determine real questions in controversy; amendments introducing a new cause of action at an advanced stage are disallowed. * Civil procedure – reopening closed case – grounds for reopening (fresh evidence not reasonably discoverable, inadvertent error, mistaken apprehension of facts or law) – failure to satisfy grounds warrants refusal. * Finality and prejudice – late-stage amendments/reopening causing de novo restart and unfair prejudice justify denial and costs to respondents.
6 October 2025
Applicant proved respondents willfully breached an injunction; court found contempt, fined, authorized demolition, and awarded costs.
* Civil procedure – Contempt of court – breach of injunction – elements: existence of order, knowledge, willful disobedience; photographic evidence without provenance has limited evidential value; locus in quo may be decisive. * Remedies for contempt – declaratory finding, monetary fine, conditional demolition of unlawful structures, enforcement by local authorities, committal for disobedience, costs.
6 October 2025
Court reinstated applicant’s consequential land-registration order and set aside respondents’ ex parte review order for abuse of process.
Land law – consequential orders for cancellation/reinstatement of registration; civil procedure – review of court orders; service of process; ex parte orders; abuse of court process; costs.
2 October 2025
Plaintiff held bona fide purchaser; 1st defendant’s title procured fraudulently, cancelled and plaintiff’s title reinstated.
* Land law – double titling – competing certificates of title – priority of title and root of title;* Registration of Titles Act – indefeasibility of title and exception for fraud;* Bona fide purchaser for value without notice – requirements and burden of proof;* Due diligence, undervaluation/stamp duty irregularities and fraud;* Remedies – cancellation of title, reinstatement/registration, eviction, injunctions and costs.
2 October 2025
September 2025
Plaint struck out: society, not individual members, is proper plaintiff and mandatory dispute-resolution/arbitration was not followed.
Cooperative societies – corporate personality and locus standi – disputes touching society business – mandatory arbitration under s.142(1) and bylaws – plaint failing to disclose cause of action – members’ capacity to sue (exceptions to proper plaintiff rule) – premature suit and abuse of court process.
29 September 2025
Joint grant revoked where co-executors died and executor failed to file inventory; plaintiff appointed administrator.
Succession Act s.230 (revocation of grant) – grant rendered inoperative by death of co-executors; Succession Act s.273 (duty to exhibit inventory) – failure to file inventory is ground for revocation; court’s power to make fresh grant; refusal to adjudicate title cancellations where overlapping pending suit would pre-empt other parties' rights.
29 September 2025
Registered title and possession upheld; defendant held a trespasser, evicted, injuncted and ordered to pay damages and costs.
Land law – ownership and possession – production of original certificate of title and corroborating evidence establish registered proprietor; Trespass – unlawful entry, moving boundary marks and planting trees; Equitable interest – absence of evidence by occupant; Remedies – declaration of title, eviction, permanent injunction, general damages where special damages not proved.
25 September 2025
The applicant failed to meet CFM requirements, was found to have committed fraud, and is not entitled to a licence or relief.
* Forestry law – Collaborative Forest Management (CFM) – statutory and guideline compliance required for CFM agreements and licences. * Administrative decision – denial of licence – procedural non-compliance and disqualification. * Fraud – failure to register as community based organisation; unlawful allocation of forest reserve land. * Remedies – specific performance and damages denied where claimant fails to prove entitlement on the balance of probabilities.
25 September 2025
Court held the registered title was fraudulently procured; suit land belongs to the earlier owner’s estate; fraudulent entries cancelled.
• Civil procedure – consolidation and amendment of pleadings – competence of amended plaint to pursue ownership claims following consolidation. • Succession and land registration – validity of succession certificates, requirement for will/transfer forms and records supporting entry on land register. • Fraud on title – when registration obtained by fraud can be set aside and names removed from the land register. • Letters of Administration – surrender and effect; inability to revoke surrendered, inoperative grants absent proven fraud. • Limitation – claim of descendant to recover ancestral land not barred where awareness of fraud determined accrual.
25 September 2025
25 September 2025
The applicant’s title was set aside as fraudulently obtained and the land reverted to the deceased’s estate.
Land law – transfer and title – material inconsistencies in sale instruments; fraudulently obtained certificate of title; administrators’ consent and joint administration; declaration and cancellation of title; trespass and beneficiaries’ rights.
25 September 2025
Taxation appeals governed by S.62 Advocates Act; dismissal for alleged lateness set aside and appeal reinstated.
* Taxation of costs – Appeals from taxing officers – S.62 Advocates Act and Regulation No.3 Advocates (Taxation of Costs) (Appeals & Reference) Regulations govern taxation appeals. * Procedural law – Lex specialis – specific taxation provisions override general Civil Procedure Act appeal provisions. * Timeliness – appeal filed within applicable period for taxation matters; dismissal for lateness set aside. * Orders – dismissal set aside; taxation appeal reinstated for hearing on merits.
22 September 2025
The respondent’s long uninterrupted possession established estate title; appeal dismissed for lack of evidence and invalid Will.
* Succession law – attestation requirements for Wills (Section 47(c) Succession Act) – non-compliant Will inadmissible as basis for title. * Land law – proof of possession – uninterrupted occupation can establish estate inclusion and defeat competing claims. * Customary/clan resolutions – redistribution minutes lacking description do not transfer or identify specific land rights. * Limitation law – section 5 protection where long, uninterrupted possession and no proof of licence. * Civil procedure – first appellate court’s duty to re-evaluate evidence and reach independent conclusions.
12 September 2025
August 2025
Failure to file a record of appeal and non-appearance of counsel did not warrant dismissal of a High Court civil appeal.
Civil procedure – preliminary objection – failure to file record of appeal – want of prosecution – non-appearance of counsel – sufficient cause – discretion to dismiss appeal – right to be heard – Order 43 Civil Procedure Rules.
29 August 2025
Court declined to strike out suit for limitation or lack of cause of action where fraud allegations required evidence at trial.
Civil procedure – preliminary objections – limitation of actions based on fraud – cause of action – summary dismissal – whether disputed facts and fraud allegations can be determined summarily – approach to striking out plaints as frivolous or vexatious.
28 August 2025
Court grants conditional stay of execution pending appeal, emphasizing substance over procedural technicalities and the need for security.
Civil Procedure – stay of execution – effect of procedural irregularities – application not invalidated by citing incorrect law – time frame for stay applications – requirements for granting stay – security for due performance – exercise of judicial discretion.
26 August 2025
Court held that witness statements must reflect only the witness's personal knowledge, disallowing plural pronouns and legal conclusions.
Evidence – witness statements – requirements for direct oral evidence – use of first person singular – lay versus expert opinion – admissibility of legal conclusions in witness statements – preliminary objection to admissibility – Civil Procedure Rules and the Evidence Act applied.
26 August 2025
Trial court properly considered negligence arising from cattle trespass; appeal dismissed with costs.
Civil procedure – pleadings and causes of action; negligence vs cattle trespass; particulars of negligence; strict liability for animals; sufficiency and corroboration of oral evidence; appellate reappraisal of facts and law.
25 August 2025
Whether a vesting order can be granted where purchaser paid in full, is in possession, and the vendor is deceased/untraceable.
* Registration of Titles Act – vesting order – statutory conditions: registered land, full payment, possession, vendor's acquiescence, vendor deceased or untraceable – court’s inherent jurisdiction under Article 139(1) and Section 98 Civil Procedure Act. * Procedural prerequisite – application to Commissioner/Registrar under Section 151 before invoking court jurisdiction. * Evidence – proof of payment, possession and corroborative affidavits/visitation to locus to satisfy vesting order requirements.
19 August 2025
July 2025
Court orders the removal of an unjustified caveat and awards general damages to the Applicant.
Land law – Caveat – lawful lodging of caveat on registered land – procedure for removing unjustified caveats.
18 July 2025
Preliminary objections to a suit on mailo land ownership by a non-citizen and locus standi were overruled and the case proceeds to trial.
Land law – preliminary objections – mailo land – non-citizen ownership – locus standi of estate beneficiaries – premature suit – abuse of process – High Court jurisdiction over fraud and trespass.
17 July 2025
Court confirms estate ownership of land, orders fraudulently gained title to be canceled.
Land law – Fraudulent registration – Estate administration – Trespass – Registration cancellation
16 July 2025
The respondents' second ruling was declared null and void due to illegal and irrational process breaches.
Judicial review - functus officio - illegality and irrationality in administrative decisions - interim court order
15 July 2025
Preliminary objections overruled; admissions unclear; plaint raises a cause of action warranting full trial.
Civil Procedure – Preliminary Objections – Judgment on Admission – Cause of Action
14 July 2025

 

4 July 2025
June 2025

Mental Illness – Estate Management – Constructive Marriage – Legal Recognition of Long-Term Cohabitation – Appointment of Personal Representative – Family Consent – Best Interests of Dependants – Accounting Obligations

30 June 2025
The court held that the respondents' claim against the applicant disclosed a cause of action, allowing the suit to proceed.
Civil Procedure - cause of action - determining the validity of claims in land disputes; Frivolous and Vexatious Claims - assessing the merits of legal actions.
23 June 2025
Appeal allows acquittal in a forcible detainer case, emphasizing civil jurisdiction for land disputes.
Criminal law – Forcible detainer – Defence of honest claim of right – Land ownership disputes are civil matters.
23 June 2025
Court found defendants in breach of sale agreement for failing to deliver vacant land and ordered compensation with interest.
Contract law – Sale of land – Breach of contract by failure to deliver vacant possession – Remedies for breach of contract – Novation and company liability in sales agreements.
18 June 2025
Application for contempt dismissed due to insufficient proof of respondents' control over third-party construction activities.
Civil procedure – contempt of court – existence and awareness of court order – control over land by respondents – burden of proof in contempt proceedings.
18 June 2025
Application to reinstate dismissed appeal denied due to applicant's inaction and lack of sufficient grounds.
Civil Procedure – application to set aside dismissal order – reinstatement of appeal – diligence in prosecution – litigation must end.
18 June 2025
The court confirmed the plaintiff as a bona fide occupant, ruled the eviction unlawful, and awarded damages for lost land use.
Land law - bona fide occupant - unlawful eviction - fraud in land sales - vesting order requirements - general damages.
18 June 2025
Court finds defendants in continuous trespass for unauthorized use of access road, awards damages and orders valuation.
Limitation Act – continuous trespass – easement – unauthorized use of access road – joint valuation for damages.
18 June 2025

 

17 June 2025
May 2025

 

22 May 2025
The trial magistrate's decision lacked sufficient evidence of defendants' cattle trespassing on the respondent's crops.
Tort Law – Negligence – Evidence – Proof of Cattle Ownership – Burden of Proof
21 May 2025

 

5 May 2025

 

5 May 2025
March 2025
Court orders compensation for breach of land sale contract due to third-party claims on the suit land.
Contract law - breach of land sale agreement - remedies for breach - validity of contract - specific performance vs. compensation
27 March 2025
Illegality of estate transactions without the co-administrator's consent leads to annulment and damages.
Estate administration - capacity to transact without co-administrator's consent - illegality of unilateral sales of estate property.
26 March 2025
Defendants lawfully own disputed land through a valid 1986 sale; plaintiff restrained from further interference.
Property Law – Land Ownership – Validity of Sale Agreement – Trespass – Limitation in Counterclaims
24 March 2025
Court affirms plaintiffs’ rightful ownership of disputed land, ordering defendants’ eviction and title cancellation where overlapping.
Land law – dispute over land ownership - determination of rightful ownership - issues of overlapping land claims - fraudulent title acquisition allegations
13 March 2025