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
January 2017
M.Shah & Co Ltd & 4 Ors Vs M.K Financiers ltd (MISCELLANEOUS APPLICATION NO. 155 OF 2016) [2017] UGHCCD 9 (25 January 2017)	25 January 2017
Abdulai & 3 Ors v Wailojo & 2 Ors (CIVIL SUIT No. 0028 OF 2013) [2017] UGHCCD 4 (24 January 2017) Default judgment did not excuse proving causation; first and second defendants liable for defamation; third defendant not vicariously liable. Defamation – libel imputing criminal conduct actionable per se; Default/interlocutory judgment – does not relieve plaintiff of proving causation and quantum on formal proof; Pleadings and submissions are not evidence; Vicarious liability – requires proof of master‑servant/agency relationship; Unlawful dismissal/injunction claims require proof of contract of service and fair hearing.	24 January 2017
Nkarubo Vs Sekikubo & Anor (Misc. Cause No 137 of 2016) [2017] UGHCCD 98 (24 January 2017) Leave to appeal refused: no arguable grounds and application amounted to abuse of process. Election law — recounts under s.55 PEA — magistrate’s powers do not extend to staying gazetting; Revision and inherent jurisdiction — High Court may intervene where jurisdictional defects or illegal orders apparent; Orders without jurisdiction are void ab initio; Remedy for disobedience is contempt or formal set-aside; Multiplicity of proceedings — parallel applications can amount to abuse of court process.	24 January 2017
Nkarubo Vs Sekikubo & Anor (Misc. Cause No 16 of 2016) [2017] UGHCCD 97 (24 January 2017) Court cannot extend the statutory 30‑day period for election petitions absent enabling provision or existing proceedings. Parliamentary elections — Limitation of time — Section 60(3) PEA prescribes 30‑day period to file election petition — Court cannot extend statutory time by rule — Rule 19 PER enlarges time set by rules only and requires existing proceedings on record — Extension requires sufficient cause; applicant’s procedural misconduct may negate special circumstances — Recount remedy under s.63(5).	24 January 2017
Public Procurement and Disposal of Public Assets Authority v Basaar Arua Bus Operators Cooperative Society Limited (CIVIL APPEAL No. 0004 OF 2016) [2017] UGHCCD 5 (24 January 2017) Tribunal may re‑open unpleaded factual issues in merits review, but must afford fair hearing before awarding costs. Public procurement – administrative merits review – PPDA Tribunal powers under s.91I(6) – Tribunal may stand in shoes of original decision‑maker and consider material not pleaded – distinction between merits review and judicial review – bid validity and Regulation 49(5) – Regulation 74(1)/(2) considerations – award of costs requires opportunity to be heard and reasons.	24 January 2017
Kisaakye v Kadama (MISCELLANEOUS APPLICATION No. 739 OF 2016) [2017] UGHCCD 52 (23 January 2017)	23 January 2017
Jinja District Local Government & Anor v Odomoch (CIVIL REFERENCE NO. 611 OF 2016) [2017] UGHCCD 7 (19 January 2017) Court set aside part of Registrar’s interim order, struck out improperly added party, and imposed tailored interim regime pending judicial review. • Civil procedure – interlocutory orders of Registrar – appeal by motion under Order 50/Order 44 CPR – procedural irregularities may be overlooked to serve substantive justice. • Judicial review – interim relief – proper test: preserve actual status quo, consider irreparable harm and balance of convenience. • Parties – improperly added parties may be struck out; court may substitute tailored interim measures pending substantive hearing.	19 January 2017
In The Matter Of An Application By Stirling Civil Eingineering Limited (MISCELLANEOUS CAUSE NO. 0308 OF 2016) [2017] UGHCCD 76 (17 January 2017) Registration of a UK order recognizing a Tanzanian arbitral award was inappropriate; enforcement should proceed under domestic arbitration law (New York Convention). Reciprocal Enforcement of Judgments Act – registration of foreign judgments; Arbitration and Conciliation Act – enforcement of New York Convention awards; Seat of arbitration – award treated as made in seat (Tanzania); Proper procedure for recognition and enforcement of foreign arbitral awards; Judicial discretion as to whether registration is just and convenient; Sovereignty and forum of enforcement; Requirement to disclose enforcement particulars (assets).	17 January 2017
Sserwanga & 4 Ors v Musoke & 2 Ors (MISC. APPLICATION NO. 0152 OF 2016) [2017] UGHCCD 8 (17 January 2017) Temporary injunction granted to beneficiaries to restrain disposition of estate land pending determination of ownership dispute. * Civil procedure – interim injunction – requirements: prima facie case, irreparable injury, balance of convenience. * Succession/estate law – beneficiaries’ right to protect estate property pending administration. * Property transactions – alleged fraudulent registration and protection against alienation pending trial. * Ex parte proceedings where respondents fail to respond despite service.	17 January 2017
Coweser Medical Centre v Uganda National Roads Authority (MISC. APPLIC. NO. 875 OF 2016) [2017] UGHCCD 1 (13 January 2017) Substitution or joinder that introduces a new cause of action or substitutes a corporate plaintiff with a different natural person is disallowed. Civil procedure – substitution of parties (Order 1 r.10(1)) – bona fide mistake vs. introduction of new claimant; Civil procedure – addition/striking out of parties (Order 1 r.10(2)) – joinder permissible only where necessary to adjudicate existing issues, not to introduce new causes of action; Amendment of pleadings (Order 6 r.19) – requisite procedure, annexure of proposed amended plaint and avoidance of prejudice to opposing party; Locus/standing – effect of incorrect or non-existent corporate plaintiff name; Prejudice and delay – substantive defence cannot be circumvented by post‑filing substitution or joinder.	13 January 2017
Kizito v Bank of Uganda (MISC. CAUSE NO. 244 OF 2016) [2017] UGHCCD 2 (13 January 2017) Central bank removal upheld; judicial review available; natural justice satisfied; immunity exception for bad faith established. Administrative law – Judicial review of central bank supervisory action; statutory immunity under MDI Act – exception for bad faith; fit-and-proper criteria for management of microfinance institutions; natural justice – adequacy of opportunity to respond to internal audit findings; supervisory powers under sections 55, 56 and 58 and application of Second Schedule.	13 January 2017
Lwanga v Uganda Electricity Transmission Company Ltd (MISC. APPLICATION NO. 464 OF 2016) [2017] UGHCCD 3 (13 January 2017) Court consolidated two suits between the same parties over the same property due to overlapping issues. * Civil procedure – consolidation of suits – Order 11 rr 1 and 2 CPR – discretion to consolidate where same facts or questions of law arise * Property law – easement agreement; disputed payments and refund claim; detinue of land titles and claim for damages * Case management – requirement for joint scheduling memorandum to capture issues from consolidated suits	13 January 2017
Remo v Juma (CIVIL REVISION No. 0006 OF 2015) [2017] UGHCCD 6 (10 January 2017) Proceedings (judgment, taxation, execution) conducted outside the originating court after a magistrate’s transfer were nullified for lack of territorial jurisdiction. Civil revision – territorial jurisdiction of magistrates’ courts – transfer of magistrate does not transfer court’s local jurisdiction – unsigned/undated judgment and incorrect decree date curable – taxation and execution without proof of service and outside proper venue amount to material irregularity – set aside of post‑hearing proceedings.	10 January 2017