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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.

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Twed towers, along Kafu Road, Nakasero.
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https://judiciary.go.ug/data/smenu/12/Civil%20Division.html
12 judgments
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12 judgments
Citation
Judgment date
December 2009
Electoral Commission & Anor Vs Mayega (HCT-00-CV-MA-0226 OF 2009) [2009] UGHCCD 5 (17 December 2009)
Court refused security for costs in judicial review challenging a public appointment, finding triable public-interest issues.
Order 26 – security for costs – discretionary remedy; Judicial review – legality of public appointment – triable issues of qualification, lawfulness and merit; Public interest litigation – weight against stifling review; Poverty/means – not decisive alone in security for costs applications; Consideration of prima facie case on both sides.
 17 December 2009
October 2009
Davia Vs Nyoro Thembo (CIVIL REVISION No. 0020 OF 2009) [2009] UGHCCD 8 (5 October 2009)
5 October 2009
Kagoro Vs Myrtha West (CIVIL SUIT No. 0086 OF 2007) [2009] UGHCCD 9 (5 October 2009)
The respondent’s refusal to pay valuer‑fixed rent was a breach, permitting the applicant’s re‑entry and arrears recovery.
Leasehold rent revision – dispute resolved by valuer nominated by respondent – refusal to pay valuer‑fixed rent constitutes breach; Registration of Titles Act s103 implied lessor powers; re‑entry/forfeiture; quantum fixed by court exercising discretion (historic 2,000,000 p.a. and 2004 valuer‑based 5,625,000 p.a.).
 5 October 2009
August 2009
Bamuhiga & 5 Ors Vs Bagonza & 3 Ors (HCT – 01 – CV – CS – 0078 OF 2006) [2009] UGHCCD 12 (14 August 2009)
Dispute whether longstanding customary occupants or Land Board allocations (with contested degazettement and survey irregularities) prevail.
Land law – customary/first occupation vs. statutory lease allocations; validity of District Land Board allocations; Controlled Hunting Area degazettement; procedural fairness in land inspection and survey (notice, technical reports, survey instructions); admissibility and significance of locus in quo and cartographic evidence.
 14 August 2009
Bamuhiga & 5 Ors Vs Mugarra & Ors (CIVIL SUITS No. 0068 OF 2006 AND 0078 OF 2006 C.S. No. 68 OF 2006) [2009] UGHCCD 7 (14 August 2009)
Customary occupants had prior rights; District Land Board’s defective, irregular and fraudulent allocations were nullified and Plaintiffs awarded possession, injunctions, damages and costs.
Land law – Customary tenure – Evidence of long possession; District Land Board duties – mandatory advertisement, consultation and inspection under Land Regulations; Controlled Hunting Areas – legal status and allowance of human settlement; statutory notice to scheduled corporation – requirement and effect; allocations procured in breach of procedure and fraud – nullity; remedies – declarations, injunctions, vacant possession, damages and costs.
 14 August 2009
July 2009
Mabale Growers Tea Factory Ltd Vs Noorali & Anor (CIVIL SUIT No. 0065 OF 2006) [2009] UGHCCD 10 (30 July 2009)
Expropriated Properties Act bars private re‑entry/dealings in expropriated land; purchaser takes freehold subject to reinstated lease; defendant awarded mesne profits and vacant possession.
Expropriated Properties Act 1982 – revesting of expropriated land in Government – dealings in expropriated property nullified until Minister deals with property; re‑entry on expropriated leasehold is unlawful; purchaser of freehold takes subject to reinstated lease if property remains vested; repossession certificates and Minister’s discretion; proof required for fraud and special damages; mesne profits and vacant possession awarded.
 30 July 2009
March 2009
Omuron Vs Uganda National Farmers Association & Anor (HCT-04-CV-CS-003-2002) [2009] UGHCCD 4 (19 March 2009)
19 March 2009
Mukhama Vs Namatiti (HCT-04-CV-CA-0007-2001) [2009] UGHCCD 3 (10 March 2009)
10 March 2009
Nangoli Vs Manafa (HCT-04-CV-MA-0143 OF 2001) [2009] UGHCCD 2 (9 March 2009)
9 March 2009
Wabendo & 4 Ors v Namara (HCT-04-CV-CA-0021 OF 1999) [2009] UGHCCD 1 (6 March 2009)
6 March 2009
February 2009
Twakirane Vs Bamusede (CIVIL APPEAL No. 0046 OF 2007) [2009] UGHCCD 6 (4 February 2009)
Appeal challenges time-bar defence and speculative, excessive damages award based on unsupported inflation and interest calculations.
Civil procedure – Appeal — Raising new points of law on appeal — appellate discretion exercised only where record contains sufficient facts to do full justice; Limitation Act (Cap. 80) — action founded in contract — burden to show suit was time-barred; Damages — assessment of damages — speculative inflationary valuation without evidence and imposition of excessive backdated interest is erroneous; Appellate recalculation — substitution of 10% simple interest per annum for restitutionary purposes; Costs — each party to bear own costs.
 4 February 2009
January 2009
Tushabe Vs Electoral Commission & 4 Ors (MISCELLANEOUS APPLICATION No. 0089 OF 2008) [2009] UGHCCD 11 (30 January 2009)
Court overruled preliminary objections, finding the judicial review against the Electoral Commission timely and properly before court.
Electoral law — Judicial review and mandamus against Electoral Commission; continuing cause of action — time bars; exhaustion of administrative remedies (Articles 61, 64; s.15 ECA) — inapplicability where complaint is post‑polling administrative failure; affidavit challenges — falsity not for summary disposal; representative actions — O.1 r.8 not engaged where applicant sues in personal capacity.
 30 January 2009