Skip to document content Skip to main menu Skip to search

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
6 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
6 judgments
Citation
Judgment date
August 2016
Amandua & Ors v Bank of Uganda & Anor (CIVIL SUIT NO. 395 OF 2006) [2016] UGHCCD 80 (31 August 2016)
Redundancy from a bank merger entitles employees to statutory severance; central bank immune unless bad faith is shown.
Financial Institutions Act s.48 – central bank immunity absent bad faith; Employment law – redundancy on merger/divestiture; Severance entitlement under Personnel Policies Manual and PERD Act; Sale agreement transferring employees on same terms; Distinction between contractual/statutory severance and ex gratia payments; Effect of receipts/acknowledgements on further claims.
 31 August 2016
Emojong & Ors v Bautu (MISC. APPLICATION NO. 471 OF 2016) [2016] UGHCCD 84 (30 August 2016)
Review of a consent judgment for alleged advocate misconduct dismissed; review remedy inappropriate for advocate-client disputes.
* Civil procedure – Review (Order 46) – Grounds: mistake apparent on record; discovery of new evidence; any other sufficient reason – "any other" must relate to court record. * Consent judgments – binding; can be set aside only for fraud, collusion, agreement contrary to court policy, consent given in ignorance/misapprehension of material facts. * Advocate-client disputes – alleged failure by advocate to remit funds is not proper basis for review of consent judgment.
 30 August 2016
Kamuntu v Sendagire & Anor (CIVIL SUIT NO. 188 OF 2009) [2016] UGHCCD 85 (30 August 2016)
The plaintiff's unlawful arrest, torture and seizure of property warranted awards of special, general and punitive damages.
* Constitutional and civil rights – unlawful arrest and detention – failure to produce accused before court – inhuman and degrading treatment/torture. * Property rights – unlawful seizure and conversion of livestock – proof of special damages. * Remedies – compensatory (special and general) and punitive/exemplary damages; aggravated damages not awarded. * Evidence – effect of non‑appearance/default of defendant and uncontroverted testimony of plaintiff.
 30 August 2016
Kiyemba v Uganda Wild life Authority & Anor (CIVIL SUIT NO. 299 OF 2014) [2016] UGHCCD 79 (30 August 2016)
Representative suits for identifiable claimants require prior leave; failure to obtain it is incurable and fatal to the plaint.
* Civil procedure – Representative suits – Order 1 r 8 CPR – Mandatory requirement to obtain leave before suing on behalf of identifiable persons. * Constitutional/public interest litigation – Distinction between bona fide public interest matters and representative actions for identifiable claimants. * Locus standi – Plaintiff must show personal interest or independent cause of action when bringing suit absent a representative order.
 30 August 2016
Kihunde & Anor v Fort Portal Municipal Council & Anor (HCT-01-CV-MA-0061 of 2016) [2016] UGHCCD 76 (29 August 2016)
Town Clerk may transfer municipal staff but cannot unilaterally demote; speculative damages were refused; internal remedies required.
Local government law – Administrative action – Transfer v. demotion – Town Clerk’s powers as accounting officer to transfer staff but not to demote unilaterally; judicial review requires illegality, irrationality or procedural impropriety; damages must be proven and not speculative; exhaustion of internal administrative remedies.
 29 August 2016
The Registered Trustees of Fedreation Of Uganda Football Association & 3 Ors v Ministry of Lands, Housing & Urban Development (MISCELLANEOUS APPLICATION No. 510 OF 2016) [2016] UGHCCD 82 (17 August 2016)
Applicants granted leave to appeal where arguable legal and factual grounds warranted appellate consideration.
Leave to appeal – Order 44 r.1(3) & r.4 CPR – Prima facie grounds for appeal; higher standard where order discretionary; court may assess apparent strength of case at leave stage; ex parte application where respondent unopposed.
 17 August 2016