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.
236 judgments
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236 judgments
Citation
Judgment date
December 2018
Court dismissed application for judicial review due to procedural filing errors and deemed respondents' actions lawful despite applicant’s mental health issues.
Judicial Review – mental health considerations – higher education admission rules – procedural fairness – discretionary relief.
21 December 2018
Interim injunction to halt AGM refused as meeting had occurred, status quo changed and balance of convenience favoured respondent.
Interlocutory injunctions – conditions for grant (prima facie case, irreparable harm, balance of convenience) – status quo – AGM held before relief – application overtaken by events – costs in the cause.
20 December 2018
Court quashed management’s outcome-driven disciplinary decisions, ordered pay pending proper process, and awarded costs.
Administrative law – Judicial review – Illegality, irrationality and procedural impropriety – Legitimate expectation; Employment law – disciplinary procedure – reliance on systems audit as performance evidence; Joinder and affidavit sufficiency; Remedies: certiorari, reinstatement/pay, costs.
20 December 2018
Prior criminal findings established civil liability; partial special and general damages, costs and interest awarded; exemplary damages denied.
* Motor vehicle collision — civil liability established by prior criminal finding and admissions. * Special damages — must be specifically pleaded and strictly proved; cogent oral evidence and photographic/market evidence may substitute for deficient documents. * General damages — compensatory principle for inconvenience. * Exemplary damages — not awarded where prior criminal costs order provides sufficient punishment. * Interest and costs — award of interest from filing and costs to successful party.
20 December 2018
Court preserved status quo by staying sale or transfer of land pending determination of leave to appeal out of time.
Civil procedure – Stay of execution pending application for leave to appeal out of time – Criteria: prima facie likelihood of success, irreparable harm or nugatory appeal, balance of convenience, promptness – Status quo preserved on land pending determination.
20 December 2018
A non-renewal of a private university employment contract is not generally amenable to judicial review.
Judicial review — availability limited to public law matters; private employment disputes are ordinarily contractual/labour matters; chartered universities’ provision of education does not automatically render individual employment decisions reviewable; legitimate expectation and procedural fairness must have a sufficient public law element; alternative labour remedies (Labour Officer/Industrial Court) appropriate.
20 December 2018
A sale of land forming part of an intestate estate without letters of administration is void; land reverts to the estate and an administrator must be appointed.
Succession law — intestacy — letters of administration required before rights to estate property can be established; sale of estate land without administration is void. Trespass — only a person in actual or constructive possession may sue. Proof of testamentary disposition — requirements for valid will and attestation. Damages — general damages for loss of land require valuation or adequate particulars.
20 December 2018
Appellant failed to rebut authenticated payment schedule; trial finding of repayment upheld and appeal dismissed with costs.
Evidence — civil standard of proof (balance of probabilities); Documentary evidence — authenticity and forgery; Loan repayment — payment schedule as prima facie proof; Agency/receipt — responsibility where employee endorsement exists; Membership vs internal management knowledge; Appellate review of credibility findings.
19 December 2018
Failure to prove sufficient cause for non‑appearance prevents reinstatement of a dismissed appeal; litigant remains responsible despite counsel’s absence.
Civil procedure — Application under Section 98 CPA to set aside dismissal for want of prosecution — requirement to show sufficient cause — negligence of counsel not automatically excusing litigant — litigant’s duty to follow proceedings — execution already effected — discretion on costs under Section 98 CPA and Section 33 Judicature Act.
19 December 2018
Plaintiff complied with municipal approvals; defendant unjustifiably halted filling-station works and must pay damages and allow continuation.
* Municipal law – permission to develop property – reliance on municipal technical approvals and NEMA certificate.* Administrative action – unlawful halting of development where permission and technical approvals exist.* Road reserves – allegation of encroachment must be supported by timely, consistent evidence; belated surveys challenged.* Remedies – award of special and general damages, refund of payments, injunction and costs for unjustified stoppage.
19 December 2018
Earlier bona fide purchase prevailed over later council allocation claims; unproven damages set aside and costs awarded to the appellant.
* Land law – ownership disputes – equitable interest; first-in-time principle; allocations by local council; credibility and inconsistency of evidence; unpleaded and unproven damages; costs follow the event.
19 December 2018
High Court refused to withdraw a subordinate suit for joint trial, finding the matters involve different land parcels and issues.
Civil Procedure Act s.18(1)(b) – withdrawal of subordinate court proceedings – scope does not mandate consolidation; consolidation/transfer – requires same subject matter and similar issues; land law – specific performance v. administration/possession claims; refusal to withdraw for joint trial where causes differ.
19 December 2018
GCM has jurisdiction where a police officer is alleged to possess war materials (tortoise grenades); application dismissed.
Constitutional jurisdiction—article 50; military jurisdiction—UPDF Act s.119(1)(h); General Court Martial jurisdiction where civilian or police possess war materials (grenades); High Court enforcement of fundamental rights.
18 December 2018
Failure to register a partnership barred the applicants’ accounting claim; applicants liable for unlawful arrest and ordered to pay UGX 20,000,000.
Partnership law – requirement to register business names under the Business Names Registration Act; failure to register precludes partnership claims; Partnership Act accounting claim; unlawful arrest and detention – constitutional remedy under Article 50; damages for wrongful arrest; possession disputes and exercise of court’s discretion under Civil Procedure Act s.98.
18 December 2018
Certificate of Title is conclusive ownership evidence; general damages upheld; mesne profits disallowed without pleaded loss.
Land law – Certificate of Title conclusive under Registration of Titles Act ss.59,64,176 – cancellation only for fraud; Civil procedure – appeals – generalised grounds struck out (Order 43 r.1(2)); Jurisdiction – LC1 lacks jurisdiction over titled land; Damages – general damages discretionary and may be upheld for mental anguish; Mesne profits – must be pleaded and particularised (business loss).
18 December 2018
Defamatory public accusation of theft held actionable per se; defendant failed to prove truth or privilege, plaintiff awarded damages.
Defamation — survival on death of defendant — defamation abates on defendant’s death; Slander — imputing criminal conduct actionable per se; Burden of proof — defendant must prove justification (truth) to succeed; Qualified privilege — requires reciprocal duty and absence of malice; Malice — lack of inquiry and reckless publication defeats privilege; Remedies — general damages, interest and costs.
13 December 2018
Court ordered defendant to limit noise to 55 dB by day and 45 dB by night to protect the right to a clean environment.
* Environmental law – Noise pollution – Application of National Environment (Noise Standards and Control) Regulations, 2003; permissible decibel limits for mixed-use areas (general environment). * Constitutional right to a clean and healthy environment (Article 39) – enforcement against excessive noise. * Remedies – Court order to abate noise (55 dB day / 45 dB night); costs each party to bear own.
12 December 2018

Environmental law—noise pollution—right to a clean and healthy environment—public nuisance—regulatory compliance—permissible noise levels—mixed-use zones—injunctive relief—costs

12 December 2018
Court held transfers to the respondent were repayable advances and awarded repayment, damages, interest and costs.
* Civil law – money had and received – proof of payment to respondent and onus to prove monies not repayable; friendly/ informal loans.* Evidence – credibility and contradictions – inconsistencies do not invariably defeat a claim where the recipient fails to account for transfers.* Remedies – restitution, general damages, interest and costs.
7 December 2018
Non‑publication of LC1 results did not breach the Local Government Act; gazetting requirement applies to higher council elections only.
* Judicial review – prerogative orders – illegality, irrationality, procedural impropriety. * Electoral law – Local Government Act – distinction between Local Government Council elections (Part X) and lower administrative unit (LC1) elections. * Statutory interpretation – literal rule, use of headings and context to reconcile sections 137, 163 and 168. * Publication of results – whether section 137 requires Gazette publication of LC1 results. * Election petitions – jurisdiction for village/parish/LC1 petitions in Magistrate Grade I courts.
7 December 2018
Whether the market-management contract was breached or frustrated; court found breach and awarded damages, interest and costs.
Contract law – breach v frustration – market-management contract prematurely terminated; ownership change and government intervention do not automatically frustrate statutory market-management obligations; proof and quantification of special and general damages; interest and costs awarded.
7 December 2018
Employer held vicariously liable for bus driver's negligence; plaintiff awarded special and general damages, interest and costs.
* Tort — Negligence: driver restarted vehicle while passenger was disembarking; breach of duty and causation established. * Vicarious liability — vehicle branded and used in employer's business; employer liable for servant's torts committed in the course of employment. * Contributory negligence — defendant failed to prove any contributory fault; plea not sustained. * Damages — special damages limited to pleaded and proved items; general damages for pain, suffering and loss of amenities; interest and costs awarded.
7 December 2018
The respondent maliciously burned the applicant's tractor; court awarded special, general, punitive damages, interest and costs.
Tort - Malicious damage to property (arson) - proof of liability by victim; recovery of special damages by invoice and receipts; award of general and punitive damages; interest and costs where defendant defaults.
7 December 2018
Applicant’s failure to follow-up hearing dates and serve pleadings justified dismissal and denial of reinstatement.
Civil procedure — Dismissal for want of prosecution — Application to set aside/ reinstate — Inherent powers (s.14) and s.33 Judicature Act — Duty to collect pleadings and serve/respond to hearing dates — Hearing lists on court noticeboard and law society mailing list — Diligence and abuse of process — Consideration of merits when deciding reinstatement — Costs awarded.
7 December 2018
Second employer wrongly held liable for deductions; unproven general damages set aside on appeal.
* Employment / Administrative deductions – unlawful salary deductions – liability of employer making deductions versus receiving employer – evidentiary proof required to establish liability. * Damages – general damages require proof of actual or presumed intangible harm; absent evidence only nominal damages appropriate. * Appellate review – rehearing and re-appraisal of evidence; interference with discretion only if error shown.
6 December 2018
Failure to gazette Local Council 1 election results was not illegal under the Local Governments Act provisions.
Judicial Review - Electoral Law - Gazetting election results - Local Council 1 elections - Publication in the national gazette not required
2 December 2018
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
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
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
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
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
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
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
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
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
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
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
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
October 2018
Guidelines made by the Authority's Secretariat without statutory mandate were ultra vires; decisions based on them quashed and licence ordered.
* Administrative law – Judicial review – Ultra vires – subsidiary guidance must be made by authorized body; Secretariat/Secretary exceeded statutory authority. * Delegation principle – delegatus non potest delegare – core powers to make professional/regulatory instruments not delegated to secretariat absent express authority. * Procedural objection – locus standi preliminary objection dismissed where premised on assumed facts. * Remedies – quashing of ultra vires guidelines, mandamus to compel licence, damages for misfeasance in public office.
31 October 2018
Whether a workers’ compensation cause of action accrues at the accident date or at later medical assessment; claim held time-barred.
Limitation of actions – accrual of cause of action in workers’ compensation claims – whether cause of action accrues at date of accident or at date of final medical assessment of permanent disability – effect of absence of continuous treatment or employer notification – strict application of Limitation Act for personal injury claims.
26 October 2018
Court quashed respondent’s termination of the applicant’s appointment for illegality, bad faith and procedural impropriety.
Judicial review – Administrative justice – Natural justice and fair hearing – Procedural impropriety – Abuse of discretion and mala fides in rescinding long‑standing appointment – Retrospective application of service rules – Remedies: certiorari, damages and costs.
26 October 2018
A willfully absent appellant cannot complain of denial of fair hearing; ex parte judgment upheld and appeal dismissed.
* Civil procedure – Ex parte proceedings – Where summons or notice of hearing is duly served the court may proceed ex parte under Order 9 r.20(1)(a). * Civil procedure – Setting aside ex parte judgment – Requires satisfactory explanation and disclosure of defence to justify reopening. * Constitutional/fair hearing – A party who wilfully and voluntarily absents cannot later claim denial of the right to be heard.
25 October 2018
Respondents' land recovery claim was time-barred and extinguished by prescription for failure to plead disability.
Limitation — actions to recover land based on title governed by Limitation Act s.5 and s.6; extinctive prescription and adverse possession; requirement to plead disability (Order 18 r.13) to toll limitation; locus in quo inspections — limited scope and cannot fill gaps in evidence; improper admission of evidence requires demonstration of miscarriage of justice (Evidence Act s.166; Civil Procedure Act s.70); appellate re-hearing standard on conflicting evidence.
25 October 2018
Individuals who instituted proceedings in an unincorporated association’s name without authority must personally pay the resulting costs.
Civil procedure – review of Registrar’s order – error on face of record; Unincorporated associations – capacity to sue – lack of legal personality; Costs against non-parties – inherent jurisdiction where non-party is the real/substantial litigant; Abuse of process – instituting suit without authority justifies personal costs.
25 October 2018
Court set aside excessive taxation award where Taxing Officer applied compensatory rationale instead of indemnity principle.
Costs and taxation – Assessments by Taxing Officer – Scope of judicial interference – Exceptional cases where wrong principle applied; Instruction fees – party-and-party costs guided by indemnity, not compensation; Disbursements – must be supported by probative evidence; Advocates Remuneration Rules – applicability to ascertainable subject matter and complexity.
25 October 2018
High Court set aside LC I and LC II land judgments as nullities for lack of lawful constitution and required quorum.
* Local Council Courts – jurisdiction – LC I and LC II lacked lawful constitution in 2012 where national LC I/II elections had not been conducted; therefore no jurisdiction to adjudicate. * Quorum – statutory requirement for female representation (s.4(3) LGA); absence renders proceedings irregular. * Revision – High Court’s powers under s.83 CPA and O.52 r.1 CPR to set aside nullities in lower-court proceedings. * Remedy – declaration of nullity, setting aside of judgments and restoration of parties to original positions.
25 October 2018
Revision dismissed where applicant failed to prove misrepresentation of LCII judgment and unduly delayed challenging execution.
* Civil Procedure – Revision under s.83 – confined to material procedural irregularity or illegality, not errors of fact or law. * Evidence – Use of extrinsic evidence to interpret or supplement a judgment: admissible only where the judgment is ambiguous or silent. * Execution – Delay in challenging verification and execution undermines relief; finality of litigation and s.70 prevent setting aside decrees absent miscarriage of justice. * Appropriate remedy – distinction between revision and other statutory remedies for challenging execution.
25 October 2018
Prior equitable purchase preceded appellant’s part-payment and, with notice, defeated her claim; appeal dismissed with costs.
* Civil procedure – res judicata – applicability where earlier decision was preliminary versus decided on merits; * Property law – double sale of immovable property – priority of equities: earlier equitable interest prevails unless displaced by a bona fide purchaser for value without notice; * Evidence – locus in quo inspection and additional witness evidence admissibility and effect; * Purchaser in good faith – actual and constructive notice and duty to inquire.
25 October 2018
Applicant failed to prove excessive execution; eviction application dismissed for lack of particulars and return of execution.
Execution — Alleged excessive execution — Applicant must produce pleadings, decree and return of execution (Order 22 r.22(1) CPR) to prove eviction beyond decree; Court’s powers under s.34 CPA limited by available evidence.
25 October 2018
A claimant must prove clearly any gift of communal customary land; traditional leaders cannot alienate communal land without community approval.
Customary land – communal ownership and use – usufructuary rights v. exclusive ownership – burden of proof for gifts of communal land – trustee role of traditional leader (Rwot) – admissibility and effect of locus in quo evidence.
25 October 2018