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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.

Physical address
Twed towers, along Kafu Road, Nakasero.
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https://judiciary.go.ug/data/smenu/12/Civil%20Division.html
3 judgments
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3 judgments
Citation
Judgment date
November 2011
Oliver Namyeka and Others v Parliamentary Commission and Others (Civil Suit 185 of 2008) [2011] UGHCCD 3 (30 November 2011)
Whether a plaint alleging wrongful arrest and false accusations discloses a cause of action against a respondent institution and an individual.
Civil procedure – Order 7 r.11 – Plea of no cause of action – Court must decide from plaint alone whether it alleges a right, its infringement, and defendant’s responsibility; vicarious liability and false accusation allegations can disclose a cause of action.
 30 November 2011
May 2011
Registered Trustees of South Rwenzori Diocese & ors Vs Bwambale & 4 Ors (CIVIL APPEAL No. 0002 OF 2010) [2011] UGHCCD 2 (25 May 2011)
Alleged forged registration rendering the school illegally operated was dispositive and justified dismissal of the ownership claim.
Education Act – provisional licence, registration and classification of private schools – requirement to name owners and comply with statutory procedures; Illegality and forged registration – ex turpi causa non oritur actio; Locus/standing – no cause of action where claimant is a differently named entity with no proven name change; Administrative action by Ministry – power to cancel/close illegally operated schools; Appellate consideration of new legal issue where evidence before the court establishes illegality.
 25 May 2011
Registered Trustees of the Diocese of kasese Vs Kiiza & 51 Ors (CIVIL SUIT No. 0052 OF 2007) [2011] UGHCCD 1 (25 May 2011)
Fraudulent registration not proved; defendants were licencees/squatters — eviction, injunction, damages and costs awarded.
Property law – title by registration – alleged fraudulent registration; Adverse possession and bona fide occupancy – Article 237 Constitution and s.29 Land Act 1998; Contractual licence vs proprietary interest; Remedies – eviction, injunction, general and punitive damages; Evidential weight of surveys, contemporaneous correspondences and locus inspection.
 25 May 2011