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.
3 judgments
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3 judgments
Citation
Judgment date
February 2016
Failure to follow statutory notice requirements rendered the refusal of a mining lease illegal, though coercive remedies were refused.
* Administrative law – Judicial review – Grounds: illegality, irrationality, procedural impropriety – statutory compliance with s.43(4) Mining Act required. * Mining law – refusal of mining lease – requirement to give notice of intention to refuse and opportunity to remedy defects. * Natural justice – administrative review hearings need not mirror civil trials; denial of cross‑examination not automatically fatal. * Subjudice rule – application depends on context and presence of third‑party proceedings. * Remedies – prerogative orders discretionary; damages may be pursued separately when illegality proved.
29 February 2016
17 February 2016
Minority shareholder excluded from management established unfair prejudice; court ordered buyout and profit payment rather than winding up.
Company law – membership by subscription to memorandum (s.47) – member’s locus standi to petition under s.248; Unfair prejudice – exclusion from management and denial of access; Procedural law – repeal of Companies (Winding Up) Rules and effect of Interpretation Act s.12; Civil Procedure Rules fill procedural vacuum; Remedy – buyout of minority shares and award of profits under s.250; Winding up inappropriate where company solvent and 2012 Act lacks just-and-equitable winding-up provision.
9 February 2016