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.
5 judgments
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5 judgments
Citation
Judgment date
November 2002
Implementation Agreement incorporated PPA making it a public document; Article 41 access applies to State-held project information, applicant failed to prove corporate citizenship.
Public documents – Implementation Agreement executed by government minister – incorporation by reference of Power Purchase Agreement – PPA declared public; Constitutional right of access to information (Article 41) – possession by State or State agency sufficient to trigger right; Government-owned successor company can be an organ/agency of State for project purposes; Corporate entities may qualify as "citizens" under Article 41 but applicant failed to establish corporate citizenship; Unsubstantiated national security/sovereignty claims insufficient to withhold information.
12 November 2002
September 2002
Applicant failed to prove unlawful eviction; respondents lawfully re‑entered premises and suit dismissed with costs.
* Tenancy law – Alleged unlawful eviction – Burden of proof under Evidence Act (ss.100–102) – Importance of first‑hand evidence; * Possession/re‑entry – Lawful re‑entry where tenant vacates; * Remedies – Dismissal and costs where eviction not proven.
13 September 2002
June 2002
Order 9 Rule 24 cannot be used to set aside a consent decree entered under Order 33; challenge lies by review or suit.
Civil procedure – Summary suit – Order 33 CPR – Decree entered under Order 33 – Consent/Compromise decree – Compromise Cum Order of Satisfaction – Setting aside judgment – Proper procedure is review or suit, not Order 9 Rule 24 – Existence of "ex parte" decree considered.
10 June 2002
March 2002
The respondent’s failure to repair premises and maintain contracted security caused the applicant’s loss; special damages awarded.
Landlord and tenant — covenant to repair (clause 4(b)) — implied/contractual provision of security via service charge; breach of repair and security obligations — causation of tenant’s loss — proof and award of special damages; interest and costs.
6 March 2002
Court finds malicious prosecution lacking probable cause and malice; awards special, general and exemplary damages with interest.
Malicious prosecution – elements: institution by state, lack of reasonable and probable cause, malice, termination in favour – proof and damages (special, general, exemplary); time‑barred claims excluded from plaint.
1 March 2002