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.

Visit website

https://judiciary.go.ug/data/smenu/12/Civil%20Division.html

10 judgments

Advanced search

All years

All months

Filters

Sort by:

10 judgments

Citation	Judgment date
January 2016
Ashwan & Anor v Daliph Singh (MISC. APPLICATION NO.1101 OF 2015) [2016] UGHCCD 148 (27 January 2016) Court upheld consent order; refused to release passports absent sufficient vitiating grounds and adequate security. • Civil procedure – Consent orders – binding effect; variation or discharge only if vitiated by fraud, collusion, mistake, misapprehension, or contrary court policy. • Civil procedure – Interlocutory orders – passports deposited as security to prevent absconding pending main suit. • Guarantees/suretyship – third‑party undertaking does not necessarily eliminate co‑surety contribution claims or secure other parties’ interests.	27 January 2016
Byaruhanga Vs Wandera (Civil Appeal No. 0062 of 2014) [2016] UGHCCD 2 (27 January 2016) Appellant’s failure to file court-ordered submissions warranted dismissal of the appeal with costs to the respondent. Civil procedure – dismissal for want of prosecution – failure to file court-ordered written submissions – no application for extension – inference of loss of interest – dismissal with costs.	27 January 2016
Kayonza Distributors v Attorney General (Civil Suit No. 211 of 2008) [2016] UGHCCD 9 (25 January 2016) The State was held vicariously liable for police seizure of the plaintiff's vehicle; damages, aggravated damages, interest and costs awarded. * State liability – vicarious liability for police seizure and disposal of property; quantum only in dispute. * Special damages – strict proof required; market value of lost vehicle proved and awarded. * Prospective loss – speculative future profits based on assumed contract renewal are not recoverable. * General and aggravated damages – awarded for business disruption and punitive/deterrent purpose. * Interest – discretionary award with differing rates and periods applied. * Costs – awarded to successful plaintiff.	25 January 2016
Mbabazi v Global Coaches & Anor (CIVIL SUIT NO. 307 OF 2016) [2016] UGHCCD 126 (16 January 2016) Owner held vicariously liable for its driver’s reckless driving; plaintiff’s witness statement struck off for Illiterate Protection Act non‑compliance. * Tort – Negligence – Duty of care and breach – owner’s vicarious liability for driver’s reckless driving. * Evidence – Illiterate Protection Act (Cap 78) – failure to confirm maker’s understanding renders witness statement inadmissible. * Civil procedure – striking out for failure to file defence and failure to prove service. * Damages – special, future and general damages for personal injury; exemplary damages not awarded. * Burden and standard of proof – balance of probabilities and failure of defendant to rebut prima facie evidence of driver’s fault.	16 January 2016
Kasanga Vs Ddungu (Civil Appeal No. HCT-12-LD-CA-0036 of 2013) [2016] UGHCCD 7 (12 January 2016) The applicant's registered title to a subdivided government pool-house plot upheld; the respondent's unregistered sitting-tenant claim rejected. Land law – Sale of government 'pool houses' – Authority of Uganda Land Commission to resurvey, replan, subdivide and sell created plots – Priority rights of sitting tenants – Admissibility and weight of planning officers’ oral evidence corroborated by Ministry/Commission documents – Effect of unregistered interests on subsequently registered title.	12 January 2016
Ankole Riverline Hotel Ltd Vs Uganda Breweries Ltd & Anor (Miscellaneous Application No. HCT-12-CV-MA-0030 of 2014) [2016] UGHCCD 3 (11 January 2016) Joinder and leave to amend allowed to include guarantor bank where disputes arise from same transaction; no costs ordered. Civil procedure – Joinder and amendment of pleadings – Order 1 r.3 and r.10(2) CPR – Necessary parties and related transactions – Amendments to pleadings to avoid multiplicity of suits.	11 January 2016
Basiima & Ors v Attorney General (Miscellaneous Cause No. 171 of 2015) [2016] UGHCCD 32 (11 January 2016) Treasury ordered to pay decretal sum; prior rulings concerned different claimants and do not bar enforcement. Mandamus – compelling public officer to perform duty – payment of decretal sum by Secretary to the Treasury; Consent judgment enforcement – distinction between different groups of claimants (1991 vs 1992–1999); Prior Industrial Court award and High Court ruling (MC No.74/2006) not a bar to enforcement of separate judgment; Right to property – unlawful withholding of government payment.	11 January 2016
Guaranty Trust Bank (U) Ltd Vs Ankole Riverline Hotel Ltd (Civil Appeal No. HCT-12-LD-CA-0028 of 2014) [2016] UGHCCD 6 (11 January 2016) A court that adjourns or stops a mortgage sale must require the mortgagor to deposit 30% of the forced sale value as security. Mortgage Regulations 2012 – Regulation 13(1) – requirement of 30% security deposit when court adjourns/stops a mortgage sale; Interpretation of "may" as discretion to adjourn but not to waive security; Computation of appeal time – exclusion of public holidays (O.51 r.2, r.3 CPR); Interlocutory relief – court should not determine disputed facts on affidavits at interlocutory stage.	11 January 2016
Bamwesige Vs Attorney General & 4 Ors (Miscellaneous Application No. HCT-12-CV-MA-0136 of 2014) [2016] UGHCCD 5 (8 January 2016) Applicant failed to prove continued contempt; respondents had purged contempt and coercive remedies were refused. Contempt of court – committal and coercive remedies – high standard of proof; Affidavits – jurat and curable formal errors; Defence of impossibility – reliance on absence of Parish Tribunals under Electoral Commission Act s.25(5); Separation of powers – appointment of Parish Tribunals a judicial function; Appropriate remedies – civil imprisonment, sequestration, salary attachment, damages and fines not granted where contempt not proved.	8 January 2016
Oola & 3 Ors Vs Olara (Civil Appeal No. HCT-12-LD-CA-0094 of 2014) [2016] UGHCCD 8 (7 January 2016) Appellants failed to plead or prove fraud or customary title; registered certificate of title upheld and appeal dismissed. Land law – registered title – conclusiveness of certificate of title; fraud – must be specifically pleaded and strictly proved; customary interest – proof and credibility of witnesses; locus in quo – proper conduct and recording; cancellation of title – requires proved fraud, illegality or lack of consideration.	7 January 2016