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
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
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
Statutory rectification under s.118 permitted: prior appellate findings estop respondent and register must be amended; meeting and Registrar notice ordered.
Company law – rectification of register under s.118 – statutory remedy not automatically time‑barred – continuous cause of action while register unrectified; estoppel by record from prior appellate decisions upholding a share transfer; Articles' nationality restriction construed as a restriction not an absolute bar; s.135 meeting and Registrar notification ordered.
5 August 2009