HC: Civil Division (Uganda)

The Civil Division is a division of the high court. It's functions include: Hearing appeal cases from the Magistrates' courts in connection with torts committed against the person, Defamation, Bankruptcy and company winding up matters, Partnership matters,Companies matters, Real and personal property.

Physical address
Twed towers, along Kafu Road, Nakasero.
3 judgments
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3 judgments
Citation
Judgment date
October 1997
Court held plaintiff had customary tenure, eviction/demolition unlawful; sale receipt did not create enforceable contract.
* Land law – customary tenure – proof by occupation, cultivation and structures – protection under Land Reform Decree. * Eviction procedure – statutory notice and copy to Uganda Land Commission required before terminating customary tenure – failure renders demolition/unlawful eviction invalid. * Contract law – receipt/acknowledgement does not necessarily create a concluded sale contract if terms are uncertain; no breach where terms unsettled. * Remedies – specific performance inappropriate where terms are uncertain and adequate legal remedy exists; special damages must be strictly pleaded and proved.
31 October 1997
Court apportioned 50% negligence to each driver; inevitable accident not proved; plaintiff awarded damages, interest and costs.
Motor vehicle collision – negligence – apportionment of blame where evidence fails to show measures taken by drivers to avoid collision – plea of inevitable accident requires proof of event beyond driver’s control – quantum: total loss valuation accepted; special items must be strictly proved – interest and costs awarded.
22 October 1997
August 1997
Owner vicariously liable where driver negligently left unlit obstructing vehicle causing injury, loss and recoverable damages.
Road traffic negligence — unattended/unlit vehicle obstructing road; vicarious liability of owner for driver’s negligence; duty of care to other road users; foreseeability and chain of causation for loss to victims; special and general damages; interest and costs.
25 August 1997