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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
8 judgments
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8 judgments
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Judgment date
October 2015
Fadel El Mula & Anor Vs Okuti & 2 Ors (HCT – 08 – CV – MA – 0012 – 2015) [2015] UGHCCD 175 (30 October 2015)
Temporary injunction refused where applicant failed to show irreparable harm and balance of convenience favoured respondents.
Civil procedure – Interim relief – Temporary injunction – Requirements: prima facie case, irreparable injury, balance of convenience; court refused injunction where irreparable harm not established and balance favoured respondents; weight given to governing councils’ resolutions.
 30 October 2015
Masambu v Kikwe (CIVIL APPEAL NO. 130 OF 2014) [2015] UGHCCD 178 (28 October 2015)
Flooding from heavy rains, not the respondent’s actions; appeal dismissed for lack of causal link.
Tort — Negligence and private nuisance — Alleged diversion of natural watercourse — Causation and act of God — Appellate re-evaluation of credibility and findings — Claims of judicial bias and miscarriage of justice.
 28 October 2015
Chelimo Vs Sikora (HCT-04-CV-CA-207-2014) [2015] UGHCCD 107 (27 October 2015)
An illegal contract does not bar an innocent party from recovering proven damages for fraudulent misrepresentation.
Contract law – illegal contracts – exception where parties not in pari delicto – misrepresentation and fraud – recovery of payments and damages; proof of special damages; appellate review for misdirection and failure to frame issues causing miscarriage of justice.
 27 October 2015
Owora Vs Magode & Anor (HCT-04-CV-MA-236-2014) [2015] UGHCCD 106 (26 October 2015)
Where affidavit of service fails to prove effective personal service, the defendant may be granted leave to file a defence.
Civil procedure – service of process – affidavit of service – strict compliance and proof of effective personal service under O.5 CPR – burden on party relying on service – time runs from effective service – leave to file defence where service not proved.
 26 October 2015
Wabwire & Anor Vs Mayende (HCT-04-CV-MA-0122/2012) [2015] UGHCCD 108 (21 October 2015)
Whether execution of a 2000 consent order occurred in 2000, making appellants liable to repay rent collected in excess since 2004.
Civil procedure – enforcement of consent order – execution and delivery of vacant possession – determination of when possession commenced; calculation and repayment of excess rent; appellate review of Assistant Registrar’s orders.
 21 October 2015
Wamwangana Vs Taika & Anor (HCT-04-CV-CR-0012-2013) [2015] UGHCCD 110 (20 October 2015)
Defective service, uncommissioned affidavit and irregular default judgment warranted setting aside and retrial.
Civil procedure — Revision under ss.83 & 98 CPA — Defective service of summons (Order 5) — Improper affidavits and attestation requirements — Irregular default judgment and execution — Remedy: setting aside and retrial.
 20 October 2015
Wekesa v Attorney (Civil Suit No. 130 of 2008) [2015] UGHCCD 118 (6 October 2015)
Court awarded workers’ compensation and substantial general damages for an 80% disability suffered by a magistrate assaulted on duty.
Tort/delict – employer/state liability for assault on a public officer while acting in course of employment; assessment of quantum of damages; workers’ compensation recognition; aggravated damages discretionary and unavailable where perpetrator not sued; compensation for permanent disability, pain, suffering and future medical needs.
 6 October 2015
Registered Trustees of the Pentacostal Assembly & Anor Vs Igga Anyi & 14 Ors (HCT – 08 – CV – CA – 0029 – 2011) [2015] UGHCCD 172 (2 October 2015)
Appeal allowed: closure of defence and failure to visit locus in quo breached fair hearing; retrial ordered; title protected.
Land law – procedural fairness – premature closure of defence; title evidence – s.59 RTA – certificate of title conclusive absent fraud; locus in quo – necessity of site visit where boundaries and physical developments are disputed; remedy – retrial and protective injunction.
 2 October 2015