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
8 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
8 judgments
Citation
Judgment date
October 2019
Uganda National Bureau of Standards V Ren Publishers Limited & Another (MISCELLANEOUS APPLICATION NO. 635 OF 2019) [2019] UGHCCD 214 (31 October 2019)
Interim injunction discharged because the underlying MOU expired and public interest/statutory duties justified lifting the order.
* Arbitration Act s.6 – court power to grant and to vary/discharge interim measures in support of arbitration. * Civil Procedure Act s.98 – supplementary remedy where Arbitration Act is silent. * Interim injunctions – discharge for material change of circumstances, undue hardship, public interest. * Public bodies – courts reluctant to restrain lawful statutory functions; public interest may justify discharge.
 31 October 2019
Ssemambo & Another v Lukwago & 3 Others (MISCELLANEOUS APPLICATION NO. 697 OF 2019) [2019] UGHCCD 246 (30 October 2019)
Consent order transferred property; respondents held in contempt, fined or committed, awarded damages and injunction granted.
* Civil procedure – Contempt of court – Elements: existence of lawful order, knowledge and disobedience. * Enforcement of consent judgment – transfers and mortgages effected after consent order void as against order. * Remedies for contempt – fines, committal to civil prison, compensatory damages, injunctions and correction of land register. * Police involvement – liability and referral of police officer’s conduct for investigation.
 30 October 2019
Nakanja Vs Wamala & 2 Ors (MISCELLANEOUS APPLICATION NO. 001 OF 2) [2019] UGHCCD 211 (8 October 2019)
Court set aside dismissal for want of prosecution under s.98 CPA and reinstated the suit to be heard on the merits.
Civil procedure – dismissal for want of prosecution under s.98 CPA – inherent jurisdiction to set aside dismissal and reinstate suit – counsel’s negligence and client’s rights – functus officio and court’s control over its orders (Rawal v Mombasa Hardware).
 8 October 2019
Kabiito V Attorney General & 2 Others (CIVIL SUIT NO. 26 OF 2012) [2019] UGHCCD 197 (3 October 2019)
State vicariously liable for hospital negligence in maternal death due to inadequate post‑operative care and failure to transfuse blood.
Medical negligence; doctor‑patient duty of care; failure to provide blood transfusion and inadequate post‑operative care; vicarious liability of State hospital; unpleaded contributory negligence cannot be relied upon; awards for special and general damages.
 3 October 2019
Kasaande Nyakana Vs Baguma (CIVIL APPEAL NO. 018 OF 2018) [2019] UGHCCD 198 (3 October 2019)
Whether unsigned minutes created a valid contract and whether property should be decreed to purchaser and protected for the child.
Contract law – validity of agreement – minutes unsigned, lacking consideration and intention to be legally bound – not a gift inter vivos; Civil procedure – appellate interference with general damages where trial findings inconsistent; Family law – court exercising inherent/ equitable powers to protect child’s interest by ordering transfer of property; Equitable doctrines – in pari delicto and unjust enrichment/appropriation of payment.
 3 October 2019
Gafabusa Muhumuza Vs Sunday & Anor (MISCELLANEOUS APPLICATION NO. 0097 OF 2019) [2019] UGHCCD 275 (2 October 2019)
A non‑party guarantor may be discharged and an erroneous warrant set aside where the guarantor was not bound by the underlying suit.
Civil procedure – Guarantor liability – Whether a non‑party guarantor can be bound by consent/judgment – Res judicata inapplicable to non‑parties – Enforcement against principal debtor – Setting aside erroneous warrant of arrest issued by Assistant Registrar.
 2 October 2019
In the matter of Nekesa Deborah & In the matter of a Petition by Scott Ryan Montgomery & Kakayi Hilda (ADOPTION CAUSE NO.003 OF 2017) [2019] UGHCCD 202 (1 October 2019)
Adoption permitted despite statutory age shortfall where child’s best interests, consent and long‑term fostering support adoption.
Children Act – Adoption – Welfare principle paramount; residency and fostering requirements for non‑citizen adopters; statutory age differential versus best interests; parental consent and custody order; permission for international relocation and registration.
 1 October 2019
Kabadaki & 4 Ors Vs Katumbura (MISCELLANEOUS APPLICATION NO. 0060 OF 2019) [2019] UGHCCD 273 (1 October 2019)
Court allowed amendment to add beneficiaries, finding no prejudice and leaving technical objections for later determination.
Civil procedure – Amendment of pleadings – Leave to amend to add additional plaintiffs – Order 1 Rule 1 CPR; Section 98 Civil Procedure Act; Section 33 Judicature Act – Avoidance of multiplicity of suits – Technical objections (particulars of fraud, limitation) to be addressed at substantive stage.
 1 October 2019