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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
4 judgments
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4 judgments
Citation
Judgment date
July 2016
Ariho & Anor v Centenary Rural Development Bank Ltd & 2 Ors (CIVIL SUIT NO.14 OF 2016) [2016] UGHCCD 112 (21 July 2016)
Civil Procedure
 21 July 2016
Mercator Enterprises Limited V Shell (Uganda) Limited (Miscellaneous Application No. 833 of 2006) [2016] UGHCCD 149 (15 July 2016)
Expropriation decrees and the 1982 Act nullified dealings and barred the applicant’s claim for mesne profits during the expropriation period.
Property law – Expropriation Decrees and Assets of Departed Asians Decree (1973) – vesting of property and liabilities in Government where departed persons failed to prove citizenship; Expropriated Properties Act 1982 – retrospective nullification of dealings in expropriated property and effect on trusts, tenancies and claims for mesne profits; res judicata – scope of consent orders that leave issues unresolved; locus to claim rentals during expropriation.
 15 July 2016
Baiga & Anor v Koboko Town Council (Civil Appeal No. 0002 of 2015) [2016] UGHCCD 34 (14 July 2016)
A local council can enforce possession-based trespass claims over public parkland despite lacking a registered title; pleadings must be respected.
Land law – possession v ownership – plaintiff’s failure to produce title; pleadings and amendments – inability to rely on unpleaded ownership; locus in quo evidence – clarification not substitution of pleaded case; trespass to land – protection of possession (constructive possession) by local council over public park; licensee whose permission revoked and who refuses compensation becomes trespasser; appellate review on first appeal and costs for partial/technical success.
 14 July 2016
Dott Services Limited & Anor v Attorney General (MISC. CAUSE NO. 0133 OF 2016) [2016] UGHCCD 81 (12 July 2016)
Court granted a 14-day extension to file judicial review after applicants only later learned of the adverse report.
Judicial review — Extension of time — Rule 5(1) Judicature Judicial Review Rules 2009 — discretion to extend three-month period — late knowledge of administrative decision via newspaper and delayed access to report — no prejudice to respondent; costs in the cause.
 12 July 2016