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
September 2016
Olega v Alidriga (Civil Appeal No. 0006 of 2013) [2016] UGHCCD 63 (29 September 2016) Applicant succeeded in defamation claim; letter was libellous, publication proved, and privilege/immunity defeated by malice and willful blindness. Defamation – libel by letter – identification and natural meaning; Publication – addressing letter to CAO constitutes publication; Admissibility of recordings – authentication, transcript and chain of custody required; Defences – justification (truth) fails where conviction quashed; Qualified privilege and statutory immunity defeated by willful blindness and express malice; Remedies – assessment of general damages, interest and costs.	29 September 2016
Akim v Uganda Technology and Management (UTAMI) Ltd & 3 Ors (Misc. Cause No. 237 of 2016) [2016] UGHCCD 59 (28 September 2016) Disciplinary suspension and exam cancellation upheld: hearing was fair, evidence (confiscated phone, invigilator) proved malpractice; application dismissed. Administrative law – Judicial review – Alleged illegality, procedural impropriety and irrationality in university disciplinary decision; University disciplinary procedure – notice of charges, right to be heard, right to cross-examine; Bias – whether committee acted as investigator/prosecutor/judge; Evidence – confiscated mobile phone, invigilator testimony, audio and typed minutes; Relief – suspension and exam cancellation upheld, application dismissed with costs.	28 September 2016
Rukomberwa v Nkwaya (Civil Appeal No. 42 of 2014) [2016] UGHCCD 56 (27 September 2016) Whether a dog owner’s scienter liability is established on balance of probabilities and appropriate damages for one proven goat. Tort — liability for domestic animals — scienter principle; proof on balance of probabilities; corroborative criminal finding admissible in civil assessment; assessment of special and general damages; non-recoverability of witness transport costs in criminal trials.	27 September 2016
Koboko District Local Government v Okujjo (Miscellaneous Civil Application No. 0001 of 2016) [2016] UGHCCD 61 (26 September 2016) A consent judgment entered by a magistrate lacking pecuniary jurisdiction is a nullity and was set aside. Consent judgments – binding but vitiable for illegality, mistake or contravention of court policy; Pecuniary jurisdiction – Magistrate Grade I limited to Ushs 20,000,000 unless matter governed only by civil customary law; Parties cannot confer jurisdiction by consent; High Court revision – power to set aside judgments issued without jurisdiction or with material irregularity.	26 September 2016
In the Matter of Evert Arinaitwe (Misc. Cause No. 229 of 2016) [2016] UGHCCD 60 (23 September 2016) Prolonged military detention beyond 48 hours in an ungazetted facility and disobedience of habeas corpus writs warranted immediate release. Habeas corpus – unlawful prolonged detention – breach of Article 23(4) (48‑hour production rule); detention in non‑gazetted facility – breach of Article 23(2); disobedience of writs – violation of Article 44(d) – immediate release.	23 September 2016
Okalany v Civil Aviation Authority & Anor (Miscellaneous Cause No. 111 of 2015) [2016] UGHCCD 77 (14 September 2016) Court records applicant’s settlement with 1st respondent and enters decree for agreed early retirement benefits. • Civil Procedure – Judgment on admission (Order 13 r.6 CPR) requires a clear, unambiguous admission. • Civil Procedure – Compromise/settlement (Order 25 r.6 CPR): court may record agreement and pass decree accordingly. • Employment law – settlement of judicial-review claim by agreed early retirement and recording of benefits. • Attorney General’s role incidental where employer implements retirement package.	14 September 2016
River Oli Division Local Government v Sakaram (Civil Appeal No. 0018 of 2013) [2016] UGHCCD 62 (8 September 2016) Occupier of unregistered urban land lacked proprietary interest; road reserve enforcement justified demolition and awards were set aside. Customary tenure – proof and limitations in urban areas; Unregistered former public land – management by District Land Board and tenancy at sufferance; Road reserves and planning schemes – constructive notice and prohibition on building; Proprietary estoppel – limits against public land and where planning law breached; Compensation – entitlement requires established proprietary interest; Appeals – re-evaluation of facts on first appeal.	8 September 2016
Lousuk Vs Opira (Miscellaneous Civil Application No. 0015 of 2015) [2016] UGHCCD 55 (7 September 2016) Revision granted where dismissal and decree were procedurally irregular; applicant restored to possession. Revision (s.83 Civil Procedure Act) — power to correct illegality or material irregularity; Burden of proof — party asserting filing must prove it; Dismissal for want of prosecution (O.17 r.5) — requires effective service and opportunity to be heard; Substituted service by radio — ineffective without prior court order and proof of diligence; Decree must reflect judgment (O.21 r.7) — cannot determine merits after procedural dismissal; Execution after more than a year — notice to show cause required (O.22 r.19(1)(a)); Mandatory injunction — restoration of possession where flawed court process caused eviction.	7 September 2016
Muzamil Vs Tarapke & 6 Ors (Miscellaneous Civil Application No. 0024 of 2013) [2016] UGHCCD 54 (5 September 2016) Applicant granted extension to appeal despite unexplained delay, balanced against access to justice in pending land dispute. Civil procedure – enlargement of time to appeal – constructive knowledge where counsel present at delivery of judgment – applicant’s duty to account for delay – balancing finality of litigation and access to justice – costs awarded for unexplained delay.	5 September 2016
Tumusiime Vs Nkinze (REVISION CAUSE NO. 002 OF 2010) [2016] UGHCCD 145 (1 September 2016) Improper locus-in-quo procedure and denial of hearing rendered the magistrate’s decision a mistrial; retrial refused due to changed circumstances. * Civil procedure – Revision under S.83 CPA – jurisdiction to correct illegality or material irregularity. * Right to fair hearing – Article 28 and non‑derogable protections under Article 44 – denial where parties not heard. * Locus-in-quo procedure – witnesses must be sworn, testify to clarify court evidence, and be open to cross‑examination; court observations must form part of record. * Remedy – declaratory relief where retrial or injunctive relief is futile due to lapse of time/change of ownership.	1 September 2016