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

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10 judgments

Citation	Judgment date
November 2015
Prime Media & Anor v Uganda National Roads Authority & Anor (Miscellaneous Cause No. 164 of 2014 & Miscellaneous Cause No. 172 of 2014) [2015] UGHCCD 117 (26 November 2015) Court quashed UNRA's exclusive roadside‑advertising contract as void, struck out claim against Primedia, and awarded damages and costs. Administrative law – Judicial review – Applicant must show an act/omission/decision by respondent amenable to review; no cause of action against private contractor where no reviewable act pleaded. Company naming – Misdescription of beneficiary as a non-existent company renders a procurement award void ab initio. Public procurement – Awarding exclusive advertising rights to a single operator is discriminatory and may unlawfully restrict constitutionally protected freedom of expression. Statutory powers – UNRA has authority to manage road reserves and enter into contracts under the UNRA Act 2006; guidelines are management tools and not necessarily ultra vires. Remedies – Certiorari to quash unlawful award; prohibition against exclusive roadside-advertising contracts; award of general damages and costs.	26 November 2015
Johnrick Trading CO. & property Consultants Ltd v Electrol Controls Switch Gear Ltd (Civil Revision Cause No.009 of 2014) [2015] UGHCCD 111 (23 November 2015) Proceeding to formal proof while an application to set aside a default judgment is pending warrants revision. Revision – Magistrates’ orders – "case decided" for revision – interlocutory/default judgment – material irregularity in proceeding to formal proof while set-aside application pending – Section 83 Civil Procedure Act.	23 November 2015
Kalokoka v Nduga (Misc. Application No. 497 of 2014) [2015] UGHCCD 112 (18 November 2015) Failure to extract a decree before appealing is not an error apparent on the record and counsel’s oversight did not justify review. Civil procedure – Review – Grounds for review under Section 82 and Order 46 – error apparent on the face of the record; new evidence; other sufficient reason. Appeal procedure – Requirement to extract decree before appealing from Magistrates’ Court – substantive requirement in non-record courts. Review relief – counsel’s oversight does not automatically constitute sufficient reason for review without evidence of steps taken to comply with the law.	18 November 2015
Fastline Carriage Services Ltd & Anor Vs Crane Management Services Ltd & Anor (Civil Suit No. 051 of 2001) [2015] UGHCCD 159 (13 November 2015) Plaintiffs proved ownership; defendants unlawfully impounded goods—court orders valuation, replacement payment and Shs.50,000,000 damages. Property law – unlawful impoundment and detention of goods; proof of ownership by documentary and witness evidence; landlord–tenant relationship requires evidence (tenancy agreement/notice); inadmissibility of new factual evidence raised only in submissions; remedy—payment of current replacement value and general damages; third‑party indemnity claim dismissed for lack of proof.	13 November 2015
Nswali & 4 Ors Vs Departed Asians Property Custodian Board & Anor (Misc. Cause No. 021 of 2014) [2015] UGHCCD 158 (13 November 2015) Judicial review inappropriate to resolve alleged fraudulent acquisition of registered land title; such disputes require ordinary civil or statutory proceedings. Judicial review – scope – supervisory remedy concerned with legality, fairness and rationality of public decision-making, not merits of private title disputes. Land law – Certificate of Title conclusive proof of ownership – impeachment of title requires ordinary suit or statutory cancellation procedures. Judicial review – fraud allegations affecting title cannot be resolved in summary judicial review proceedings.	13 November 2015
Atutur SubCounty & 3 Ors Vs Ikuret (Civil Appeal No. 16 of 2013) [2015] UGHCCD 105 (9 November 2015) Appeal allowed: respondent failed to prove ownership or dispossession; claim time‑barred under the Limitation Act; damages set aside. Land law – ownership and dispossession – proof of title and historical dispossession; Limitation Act (s.5) – actions to recover land time‑barred after 12 years; Declaratory relief – proceedings in court fall within Limitation Act; Constitutional property rights – not established without proof of ownership; Appeal – re‑evaluation of facts on first appeal; Damages – not recoverable where underlying claim fails.	9 November 2015
Omong & Anor Vs Osire (Civil Appeal No. 36 of 2010) [2015] UGHCCD 102 (9 November 2015) Appellants’ possession upheld after trial magistrate’s mis-evaluation; respondent failed to prove customary heirship. Land law – customary heirship and inheritance claims – burden and standard of proof in land disputes; possession and occupation evidence; appellate reappraisal of facts; weight of inconsistencies and credibility findings; adverse inference from failure to cross-examine.	9 November 2015
Chakario Vs Odongo (Civil Appeal No. 18 of 2011) [2015] UGHCCD 104 (4 November 2015) Appellate court ordered retrial where trial magistrate misidentified disputed land and no proof of court-ordered attachment was produced. Civil procedure – Appeal – appellate court must re-appraise evidence and reach its own conclusions on fact and law. Land law – customary tenure – sale under warrant of attachment – proof of court-ordered execution required to establish lawful acquisition. Pleadings – specificity of land description – necessity of clear pleadings to identify disputed land. Remedy – retrial ordered where trial court misidentified dispute and essential execution documents are absent.	4 November 2015
Nsubuga v Badru Kiggundu & Ors (Misc. Cause No.148 of 2015) [2015] UGHCCD 109 (4 November 2015) Applicant’s pre-election constitutional challenge struck out for failing to exhaust statutory electoral remedies and for inadequate, non‑particularised pleadings. Electoral law – Section 15 Electoral Commission Act – mandatory statutory complaints procedure and appeal to High Court; Constitutional remedies – Article 50 not to be used to bypass statutory electoral grievance mechanisms; Civil procedure – Order 6 rr.2,3,5 – necessity to particularise bad faith/ultravires allegations; Immunity – Section 49 Electoral Commission Act provides protection for acts done in good faith but is not absolute; Procedure – Article 50 enforcement suits should be commenced by plaint, not Notice of Motion.	4 November 2015
Ongala Vs Eruket & Ors (Civil Appeal No. 7 of 2014) [2015] UGHCCD 101 (4 November 2015) Appellate court upheld dismissal of a claimed gift and apportioned the deceased’s land among family members. Evidence – donation of land – oral testimony insufficient where written agreement alleged lost; absence of documentary proof fatal to claim of gratuitous transfer. Succession/Inheritance – recognition of person accepted into family and entitlement to share in deceased’s estate. Appellate procedure – first appellate court may re-evaluate evidence and exercise inherent powers to resolve the real controversy and order distribution of estate. Family law – promotion of family unity through judicially ordered apportionment of deceased’s land.	4 November 2015