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

13 judgments

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13 judgments

Citation	Judgment date
June 2016
Ajidiru v Anguzu & Anor (Miscellaneous Civil Application No. 0031 of 2016) [2016] UGHCCD 36 (28 June 2016) Actions and applications	28 June 2016
Kalibbala & Anor v Attorney General (Misc. Application No. 70 of 2015) [2016] UGHCCD 46 (27 June 2016) Court issued consequential order adopting applicants’ computations and directed immediate payment of pension arrears; denied extra interest and complexity certificates. • Civil procedure – Consequential orders – Necessity where implementation of judgment requires further orders – meaning of "with haste". • Enforcement of judgment – computation and payment of pension/terminal benefits – adoption of claimant computations where respondent fails to show implementation steps. • Interest – refusal to award additional interest when incorporated in adopted computation. • Procedure – certificates of complexity and two counsel not warranted in this interlocutory application.	27 June 2016
Nasaka v Attorney General & Anor (Misc. Cause No. 0179 of 2015) [2016] UGHCCD 40 (27 June 2016) High Court has jurisdiction to hear deportation appeals and upholds Minister’s decision that housekeeping is not liberalized under Annex 5. * Immigration law – Appeal against deportation – High Court jurisdiction under section 60(7)–(8) of the Citizenship and Immigration Control Act. * East African Community law – Domestication via East African Community Act – Protocols and Annexes (Annex 5) integral to Common Market implementation. * Interpretation – Annex 5 Schedule of Commitments governs which professions enjoy free movement; categories not to be expanded by court substitution. * Evidence – Affidavits must be confined to deponent’s knowledge; hearsay may be severed rather than entirely struck out.	27 June 2016
Leku & Anor v National Social Security Fund (Miscellaneous Cause No. 0004 of 2016) [2016] UGHCCD 35 (24 June 2016) Application under unsound-mind statutes struck out for procedural non-compliance and missing mandatory medical and service evidence. Administration of Estates of Persons of Unsound Mind Act (SI 155-1) – procedural requirements; Mental Treatment Act – reception order required to adjudge person of unsound mind; mandatory supporting documents (Form A and Form B / medical affidavit); rule 4(1) proof of personal service on person of unsound mind; incurable defects on face of record – power to strike out pleadings.	24 June 2016
Oloya v Okirwoth & Anor (Miscellaneous Application No. 82 of 2015) [2016] UGHCCD 51 (24 June 2016) Stay of execution granted pending appeal where respondents were duly served but did not respond. Civil procedure – Stay of execution pending appeal – Effect of proper personal service and respondent’s failure to file a reply – Transmission of record to Court of Appeal.	24 June 2016
Olula & 31 Ors v Attorney General (HCT-02-CV-MA-0068/2015) [2016] UGHCCD 50 (24 June 2016) Review dismissed for failure to show new evidence or an error on the face of the record; appeal, not review, is the proper remedy. * Civil procedure – Review under O.46 CPR – scope limited to newly discovered evidence, clerical errors or manifest error on face of record. * Civil procedure – Distinction between review and appeal – mis-evaluation of evidence or disagreement with judicial discretion is not reviewable. * Civil procedure – Abuse of process – bringing review where appeal is the proper remedy. * Evidence – new and important evidence – must be shown to have been unavailable despite due diligence.	24 June 2016
Wilobo v Otto (HCT-02- CV-CA – 0001 – 2015) [2016] UGHCCD 52 (24 June 2016) Appellant held to be customary owner; trial magistrate erred; failure to join Local Government defeated damages and costs. Land law – Customary land tenure – Ownership and occupation; Burden of proof – party alleging acquisition must prove lawful acquisition and compensation; Hearsay evidence – inadmissibility of unproven historical acquisition; Failure to join necessary party – effect on remedies, damages and costs.	24 June 2016
Mugisha & 3 Ors v Kampala Capital City Authority (HCT-00-CV-MA-0481-2008) [2016] UGHCCD 38 (20 June 2016) Leave to appeal filed after the 14-day limit without extension is incompetent and was struck out with costs. Procedure for leave to appeal – Rule 40(2) Court of Appeal Rules governs – leave to appeal must be sought orally immediately or by notice within 14 days – failure to comply without extension renders application incompetent – limitation periods strict, not technicalities.	20 June 2016
Ssenteza & Anor v Donnie Company Limited & Anor (HCT-00-CV-CI-0005-2016) [2016] UGHCCD 48 (20 June 2016) Minority shareholders' petition partly struck out: bank removed; oppression claims to Registrar, unfair prejudice proceeds in High Court. * Company law – Minority/shareholder remedies – distinction between oppression (s.247) and unfairly prejudicial conduct (s.248). * Civil procedure – lis pendens/s.6 inapplicable where parties, issues and reliefs differ. * Derivative actions and Foss v Harbottle – limited by Companies Act 2012; member remedies expanded. * Third parties’ protection – ss.50–53: no duty to enquire into directors’ authority; bona fide transactions shield bank from internal management disputes.	20 June 2016
Rubahimbya v Kabale District Local Government (HCT-00-CV-CS-NO.008 OF 2012) [2016] UGHCCD 115 (17 June 2016) A plaint filed seven years after a tort against a local authority is time‑barred; magistrate’s leave to extend statutory limitation was invalid. Limitation of actions – Civil Procedure and Limitation (Miscellaneous Provisions) Act s3(1) – two-year limit for torts against local authorities; Civil Procedure Act ss96 and 98 – limits on enlarging time and inherent powers; jurisdictional limits on magistrates; rejection of time‑barred plaint; abuse of court process.	17 June 2016
Akankwasa v Attorney General (HCT-00-CV-CS-0202-2013) [2016] UGHCCD 42 (15 June 2016) Constitutional Law\|Liberty\|HR	15 June 2016
Nsubuga v Spencon Services Company Ltd (HCT-00-CV-CS-0013-2014) [2016] UGHCCD 37 (15 June 2016) Employer’s failure to provide PPE amounted to negligence; plaintiff awarded workers’ compensation, substantial general damages, interest and costs. Occupational safety – Employer’s duty to provide personal protective equipment – Breach as negligence – Workers’ compensation assessment accepted – General damages for work-related burns and 25% permanent disability – Interest and costs awarded.	15 June 2016
Mwota v Ssemboga & 3 Ors (HCT-00-CV-MC-0040-2016) [2016] UGHCCD 47 (2 June 2016) Court upheld university election tribunal’s re-election order, finding no breach of fairness, illegality or irrationality. Administrative law – Judicial review of university election tribunal – Natural justice and fair hearing – Denial of legal representation and cross-examination – Illegality, irrationality and procedural impropriety – Validity of verification/recount and ordering of fresh elections under constitutional timelines.	2 June 2016