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
April 2016
Ofwono & Anor v African Cable Networks Ltd (HCT-00-CV-CI-0025 -2015) [2016] UGHCCD 21 (25 April 2016) Applicant’s unfair-prejudice petition succeeds; court orders an AGM, restrains the majority shareholder, and awards costs. * Company law – unfairly prejudicial conduct under s.248 – minority shareholders' legitimate expectation of participation and exclusion from management. * Company law – corporate governance – repeated failure to hold AGMs, failure to file annual returns, alleged diversion/personalisation of company funds. * Remedies – s.250 powers to regulate company affairs, restrain acts, order meetings and award costs.	25 April 2016
Busuulwa v National Social Security Fund & Anor (Miscellaneous Application No. 96 of 2016) [2016] UGHCCD 24 (21 April 2016) Court granted interim relief restraining forced leave, finding NSSF a public body and balance of convenience favoured the applicant. * Administrative/Public law – statutory body (NSSF) – public body amenable to judicial review. * Interim relief in public law – modified American Cyanamid approach: emphasis on balance of convenience/public interest. * Employment measures – forced annual leave that resembles suspension may be subject to judicial review. * Status quo and irreparable harm – preservation of office and reputation where respondents’ actions risk frustrating judicial review.	21 April 2016
Bubolo v Uganda Railways Corporation (HCT-00-CV-CS-0084 -2009) [2016] UGHCCD 20 (20 April 2016) Long service and employer conduct did not convert written casual/contract terms into entitlement to terminal benefits. Employment law – classification of employees; effect of express written appointment letters; whether long service and employer conduct converts casual/contract workers into permanent employees; non-retrospectivity of Employment Act 2006; inadmissibility of oral evidence to vary written contracts.	20 April 2016
Semambo v Registered Trustees of Kampala & Ors (HCT-00-CV-CS-0435-2002) [2016] UGHCCD 19 (20 April 2016) Medical negligence claim dismissed for lack of proven breach and proximate causation for amputation. * Tort — medical negligence — standard of care of medical personnel — requirement to prove breach and proximate causation; expert medical evidence on causation.* Evidence — reliance on hearsay and contemporaneous clinical notes — weight of clinical records and expert testimony in medical negligence claims.* Remedies — dismissal where breach and causation are not established.	20 April 2016
Wanyoto v Attorney General (Misc. Application No. 364 of 2015) [2016] UGHCCD 28 (18 April 2016) Disciplinary Committee has no jurisdiction over private business transactions unconnected to an advocate’s practice. * Advocates Act – disciplinary jurisdiction – scope of Regulation 31 – whether off-duty private conduct can constitute professional misconduct; * Judicial review – challenge to jurisdiction – review of preliminary disciplinary decisions; * Disciplinary Committee – limits to investigating private business disputes absent advocate-client relationship.	18 April 2016
Welt Machinen Engineering Ltd v China Road & Bridge Corporation & Anor (Civil Suit No. 16 of 2014) [2016] UGHCCD 17 (14 April 2016) Plaintiff held licences for Atumtoak only; Kamusalaba quarrying lacked lawful mining authority and attracts accounting and injunctive remedies. Mining law; location licences – holder vs owner; misdescription of licensed area; classification of granite under the Mining Act; capacity of local government/third party to authorise quarrying; unlawful quarrying and remedies (accounting, injunction, prosecution).	14 April 2016
MK Financiers Ltd Vs Shah & Co Ltd & 4 Ors (Miscellaneous Application/appeal No. 343 of 2015) [2016] UGHCCD 15 (13 April 2016) Representative affidavit without written authority is defective; advocate-party cannot represent clients due to conflict; respondents may seek extension. Civil procedure — Affidavits — Representative affidavit must show written authority or power of attorney to depose on behalf of others (Order 3 CPR). Civil procedure — Failure to file reply — non-responding parties deemed to admit averments. Professional conduct — Advocate who is a party or potential witness cannot act as counsel in same matter (Advocates Regulations 9) — conflict of interest. Court powers — Inherent and statutory powers to make orders to prevent abuse and to permit regularization by extension under s.96 CPA and O.51 r.1 CPR.	13 April 2016
Orech Martin Vs Okanyet & 2 Ors (Civil Suit No. 9 of 2014) [2016] UGHCCD 16 (11 April 2016) An authorised attorney’s sale was valid; donor’s late revocation was ineffective and donor’s repudiation amounted to fraud, warranting specific performance. Property law – power of attorney – scope includes raising funds, entering sale agreement and effecting transfer; revocation ineffective if done after purchaser fully performs; sale by authorised attorney valid. Equity – fraud and deceit by registered owner who repudiates sale after receipt of purchase money – remedy of specific performance and cancellation of registration. Remedies – symbolic damages and specific performance where repudiation is deliberate and unmitigated.	11 April 2016
Okello & Anor v Parliamentary Commission (Civil Suit No. 218 of 2014) [2016] UGHCCD 25 (5 April 2016) Pro‑rata May 2011 pay was lawful; MPs received full emoluments for their five‑year term, suit dismissed with costs. * Constitutional law – Parliamentary term – five years (sixty months) (Article 77(3)); * Public office definitions – Members of Parliament excluded from Public Service (Article 257) so public‑service pay rules do not apply; * Parliamentary emoluments – pro‑rata payment for portion of month justified to avoid double payment; unjust enrichment and public funds principles.	5 April 2016
Sekikubo & Ors v Attorney General (Misc. Cause No. 092 of 2015) [2016] UGHCCD 26 (4 April 2016) Applicants lacked personal standing under the "personally affected" test; judicial review application struck out with costs. Administrative law – Judicial review – Locus standi – "personally affected"/private interest test – Public rights v private rights – JR not for generalized governance complaints; application struck out.	4 April 2016