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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
7 judgments
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7 judgments
Citation
Judgment date
July 2015
Akera v Akello (HCT-02-CV–Ca–0038-2014) [2015] UGHCCD 74 (30 July 2015)
Appeal allowed: lower-court judgment set aside for misnaming the defendant and procedural irregularity.
Civil procedure – misnomer and misidentification of defendant – trial court’s duty to correct pleadings – participation by wrong person – locus standi – setting aside judgment and decree – fresh suit permitted subject to limitation.
 30 July 2015
Kiza Ajusi & Anor Vs R/ Uganda (HCT -08 – CR-CM – 0040 – 2014) [2015] UGHCCD 176 (30 July 2015)
High Court quashed illegal two-year trespass convictions, reduced malicious damage sentence to one year, and set aside unlawful monetary orders.
* Criminal law – sentencing – Grade I Magistrate’s jurisdiction – maximum sentence for criminal trespass (s.302 PCA) is one year. * Criminal law – malicious damage to property (s.335(1) PCA) – discretionary sentence; excessive sentences subject to review and reduction under s.50 CPCA. * Criminal procedure – revision/confirmation jurisdiction of High Court under ss.173, 174 MCA and s.50(2) CPCA – power to quash, vary or confirm convictions and sentences. * Orders for compensation and damages improperly made without lawful basis – monetary orders set aside.
 30 July 2015
Nganda & 4 Ors Vs Fernandes (Misc. Application No. 133 of 2015) [2015] UGHCCD 153 (29 July 2015)
Applicants challenging registered title and alleging forgery have equitable interest and triable issues; leave to defend granted.
Civil procedure – Summary suit leave to defend – Section 98 CPA and Order 36/52 CPR – Applicant must show serious questions to be tried or plausible defence; Challenge to Certificate of Title and repossession certificate as alleged fraud raises triable issues; Temporary allocation may confer equitable/protectable interest to defend; Oral unverified submissions inadmissible in opposition.
 29 July 2015
Obai Vs Ariongo (HCT-04-CV-MA-314-2014) [2015] UGHCCD 100 (28 July 2015)
Applicant failed to satisfy Order 46 CPR; inconsistent facts and unclean hands warranted dismissal with costs.
Civil procedure – Review under O.46 CPR – Grounds: discovery of new matter; mistake on face of record; any other sufficient reason – Applicant’s inconsistent affidavits and failure to raise alleged connivance earlier – Article 126(2)(e) cannot override substantive compliance with procedural rules – Application dismissed for want of sufficient grounds and for coming with unclean hands.
 28 July 2015
Hon. Odongo Otto v Electoral Commission (Misc Cause 102 of 2015) [2015] UGHCCD 444 (24 July 2015)
Omission of applicant’s ID from Voters’ Register was an irregularity; court ordered inclusion and deemed registration.
Electoral law – Section 15 appeal procedure against Electoral Commission decisions; Voters’ Register – omission as an "irregularity"; Constitutional duty of EC under Article 61(1)(e) to maintain/update register; Equality and non‑discrimination – Article 21 breach; Remedy – order to enter particulars and deeming provision for elections.
 24 July 2015
Mbonye & Anor Vs Kunobwa & 2 Ors (Misc. Application No. 0194 of 2015) [2015] UGHCCD 152 (14 July 2015)
Court granted temporary injunction restraining implementation of a district budget pending trial due to serious triable illegality issues.
Local government — challenge to district budget — interlocutory relief to restrain implementation pending trial; Order 41(2) CPR; Section 33 Judicature Act; Section 98 Civil Procedure Act; status quo principle; illegality and triable issues; service/notice and convening irregularities.
 14 July 2015
Kyeyago & 2 Ors Vs Kyeyago & 2 Ors (Civil Appeal No. 080 of 2011) [2015] UGHCCD 151 (3 July 2015)
Later land-consent provisions cannot be applied retrospectively; customary consent must be proved and respondents failed to prove interest.
Land law — retrospective application of statutes — family or clan consent requirements introduced by the Land Act 1998 cannot invalidate a 1982 sale under earlier law; customary law assertions must be proved before court; failure to establish proprietary interest results in dismissal of claim.
 3 July 2015