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.
8 judgments
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8 judgments
Citation
Judgment date
November 2010
The court ruled the plaintiffs were employees of the defendant and entitled to salary arrears and benefits.
Employment law – employee status – termination – employer liability for salary arrears and benefits post-acquisition.
8 November 2010
May 2010
A declaratory claim that nullifies a sale and seeks possession renders the magistrate court without pecuniary jurisdiction.
Civil procedure – Jurisdiction – Pecuniary jurisdiction of magistrate courts – Suit for declaration and recovery of immovable property – Declaratory relief leading to possession – Preliminary objection determined from plaint and limited supporting evidence.
7 May 2010
April 2010
The defendant (State) was ordered to compensate the plaintiff for losses from military occupation, with apportioned liability and damages awarded.
State liability for losses during military occupation; apportionment of loss among military, rebels, thieves and plaintiff; valuation of livestock and infrastructure; refusal of exemplary damages where occupation necessitated by security; award of compensatory, disturbance and income damages with interest and costs.
23 April 2010
March 2010
23 March 2010
February 2010
Applicant’s delay in developing the plot defeated a prima facie case and injunction; speculative losses did not show irreparable harm.
Contract – land allocation – obligation to develop plot within contractual period; failure to develop constitutes breach affecting injunction relief – Interim injunction principles: prima facie case, irreparable injury, balance of convenience – speculative damages insufficient for irreparable harm.
10 February 2010
Court refused to quash Electoral Commission decisions and declined mandamus for youth elections due to legal and evidential constraints.
Electoral law — Judicial review of Electoral Commission decisions; demarcation and assignment of additional electoral areas; validity of uncontested nominations/elections; mandamus and effect of Constitutional Court’s invalidation of enabling legislation for Youth elections; availability of alternative remedies (election petitions).
10 February 2010
9 February 2010
January 2010
A purchaser’s prolonged non‑payment justified acceptance of repudiation, rescission, damages, and return of possession to the vendor.
Land law – contract for sale – construction of provisional agreement v. binding contract – equitable interest passes on contract; Time as essence – purchaser’s prolonged non‑payment as repudiatory breach; Remedies – specific performance v. rescission and damages; Trespass – sale does not validate prior encroachment.
8 January 2010