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

12 judgments

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12 judgments

Citation	Judgment date
November 2018
Hope Tumwebaze v Hajjat Aisha M. Lubega Bassajjanaku and Others (Miscellaneous Cause No. 223 of 2018) [2018] UGHCCD 228 (30 November 2018) Court held the Electoral Commission must release its decision on the applicant's electoral petition despite a pending election. Judicial Review – Authority of the Electoral Commission – Withholding of decision due to court orders – Jurisdiction on concluded elections.	30 November 2018
Ngobi Joseph and Others v Steel Corporation of East Africa Limited (Civil Suit No. 866 of 2000) [2018] UGHCCD 276 (30 November 2018) Claim for unpaid terminal benefits was timely but dismissed for lack of evidence proving transfer of employer liability. Limitation period – accrual of cause of action on termination date; Contractual liability – assignment/novation required to transfer employer obligations; Privity of contract – liabilities do not pass between distinct companies absent agreement; Employment Act s.18(3) (change of employer) requires evidence to establish joint liability.	30 November 2018
Nzabakirana Edouardo v Henrietta and Partners Limited (Miscellaneous Application No. 026 of 2018) [2018] UGHCCD 287 (30 November 2018) Former counsel’s negligence can constitute sufficient reason to set aside default judgment and permit pleadings out of time. Civil procedure – setting aside default judgment; Order 9 Rule 12 CPR and Section 98 CPA; sufficient cause – negligence of former counsel; extension of time to file and serve pleadings; directions for pleadings and costs.	30 November 2018
Acer Godfrey Okot V The National Planning Authority (MISC. CAUSE NO. 297 OF 2018) [2018] UGHCCD 142 (28 November 2018) Ministerial validation of appointment dates upheld; applicant held to have served two statutory five-year terms; review dismissed. Administrative law – judicial review – challenge to appointment instrument dates – ministerial retrospective regularisation – compliance with statutory five‑year term (s.5(4) National Planning Authority Act) – delay and propriety of relief.	28 November 2018
Ongom v Walusimbi & Another (CIVIL APPEAL NO. 49 OF 2017) [2018] UGHCCD 141 (28 November 2018) Appellant failed to prove negligence or ownership of the dog; appeal dismissed for lack of evidence. Animals — scienter (strict liability) versus negligence — scienter not applicable where negligence and vicarious liability are pleaded.* Civil liability — negligence — elements of duty, breach and causation must be established on evidence.* Vicarious liability — requirement to prove employment/connection before imposing liability for another's acts.* Evidence — proof of ownership and identity of an animal; effect of widespread stray animals on attribution of ownership.* Civil appeals — appellate court may reassess facts where trial evaluation was defective.	28 November 2018
Kimosho Vs Wakapita & 2 Ors (CIVIL SUIT NO. 385 OF 2014) [2018] UGHCCD 71 (27 November 2018) Prescribing methotrexate without following clinical guidelines and contraception advice was negligent; employer held vicariously liable. Medical negligence – Prescription of methotrexate without adherence to clinical guidelines and without adequate contraception advice – causation of miscarriage; Vicarious liability of employer for employee's negligent treatment; Claim of employer's failure to verify qualifications not proved.	27 November 2018
Senengo Joshua and Another v Total Uganda Limited and 3 Others (Civil Suit No.169 of 2016) [2018] UGHCCD 279 (23 November 2018) Respondents liable for death due to negligent fueling; deceased contributorily negligent (30%); damages and interest awarded. Tort — Negligence — Duty of care of fuel station/pump attendant when dispensing petrol; fueling with engine running. Causation — Role of accelerant (petrol) vs. ignition source (faulty spark plug) in petrol-related fires. Contributory negligence — Apportionment where victim failed to switch off engine while fueling (30%). Remedies — Assessment of special and general damages, interest and costs; no exemplary damages awarded.	23 November 2018
Firdoshali Madatali Keshwani Habib and Another v The Departed Asians Property Custodian Board and Another (Miscellaneous Application No. 652 of 2018) [2018] UGHCCD 256 (22 November 2018) Interim injunction granted to prevent property disposal pending main application hearing. Property Law – interim injunction – status quo – preservation of property pending substantive suit – imminent threat of property disposal.	22 November 2018
Fred Muwema v Uganda Revenue Authority and Another (Miscellaneous Application No 549 of 2018) [2018] UGHCCD 242 (22 November 2018) Court grants a temporary injunction against a travel ban, citing a prima facie case and potential irreparable harm. Temporary injunctions; prima facie case; irreparable injury; balance of convenience; res judicata; travel ban legality.	22 November 2018
Wanyoto Mugoya v Attorney General & Another (MISCELLANEOUS CAUSE NO. 277 OF 2018) [2018] UGHCCD 132 (15 November 2018) A court will not restrain the DPP from prosecutorial action absent clear abuse of process or unfairness. Constitutional law – Article 120 – Director of Public Prosecutions’ mandate to direct investigations and institute criminal proceedings; Judicial review – limits on courts interfering with prosecutorial discretion; Abuse of process – requirement for clear demonstration before injunctive relief; Prematurity – interlocutory relief inappropriate while competent criminal court proceedings pending.	15 November 2018
Mian Aqueel & Anor Vs Exim Bank (U) (Ltd) (MISCELANEOUS APPLICATION NO. 497 OF 2017) [2018] UGHCCD 208 (14 November 2018) Application to extend time and set aside statutory demand dismissed; guarantors liable upon principal default. Insolvency — statutory demand — service by registered mail at known postal address; Guarantor liability — arises on principal debtor default; Pending suit by principal debtor does not automatically bar action against guarantors; Extension of time — requires sufficient cause and proof of non‑service; Section 5(4) Insolvency Act — substantial dispute threshold.	14 November 2018
Geoffrey Nangumya v Emmy Tumwine and Another (Misc. Application No. 540 of 2018) [2018] UGHCCD 240 (1 November 2018) Court grants interim stay of execution in disciplinary case, pending appeal decision to protect applicant's livelihood. Civil procedure – Interim order – Stay of execution pending appeal – Advocate disciplinary proceedings – Arguable appeal and risk to livelihood.	1 November 2018