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

11 judgments

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11 judgments

Citation	Judgment date
September 2019
Imperial Group of Hotels Limited v Sadolin Paints (U) Limited (CIVIL APPEAL NO. 49 OF 2019) [2019] UGHCCD 253 (30 September 2019) The appellant failed to rebut the respondent’s account; magistrate’s award and jurisdiction were upheld. Magistrates’ pecuniary jurisdiction; extent of permissible awards (interest, damages, costs); evidential value and burden to rebut a statement of account; duty to facilitate agreed re-measurement; first appeal standard on facts.	30 September 2019
Nanyanzi Vs Moda Investments( U) Ltd (MISC. APPLICATION NO.292 OF 2019) [2019] UGHCCD 212 (27 September 2019) An interim stay of eviction may be granted urgently where a substantive application is pending and execution poses an imminent threat. Civil procedure – Interim stay of execution – urgency and ex parte relief – requirement that a substantive application be pending and a real threat of execution exist (Hwan Sung Industries) – amended CPR notice exceptions – stay of warrant for vacant possession pending fixation of substantive application.	27 September 2019
Ssebuliba Kiwanuka v Musisi Kiwanuka (MISCELLANEOUS CAUSE NO. 249 OF 2019) [2019] UGHCCD 276 (27 September 2019) Application for compulsory mental examination and adjudication dismissed for lack of cogent medical evidence. * Mental Treatment Act – involuntary medical examination – requirements for court inquiry and adjudication of unsound mind; need for recent, cogent medical evidence. * Administration of Estates of Persons of Unsound Mind – procedural forms versus court’s discretion to inquire in interests of justice. * Human rights – autonomy, informed consent and limits on forced psychiatric interventions; risk of abuse and need for internationally accepted medical standards. * Judicial inquiry – value of personal interview and prima facie assessment where medical evidence is inconclusive.	27 September 2019
Muwonge Vs Salongo (HCT – 14 – LD – CA – 0098/2018.) [2019] UGHCCD 269 (20 September 2019) Appeal dismissed as incompetent where memorandum of appeal was filed out of time without leave; registrar endorsement did not cure illegality. Civil procedure – Appeals – Requirement for Memorandum of Appeal under Order 43 r.1–2 and s.79(1)(a) CPA – Filing within 30 days – Filing out of time requires leave – Registrar’s duties in opening appeal files – Advocate as officer of court – Registry endorsement cannot cure time-barred filing.	20 September 2019
Oyo Vs Olimi & Anor (HCT – CV – RO – 018 OF 2016) [2019] UGHCCD 274 (19 September 2019) Revision application dismissed for inordinate delay; grievances were appeal or Order 9 remedies; beneficiary had capacity to sue. Revision under section 83 Civil Procedure Act; inordinate delay and lapse of time precluding revision; Order 9 Rule 27 for setting aside ex parte judgments; evaluation-of-evidence issues are appeal grounds, not revision; beneficiary may sue without letters of administration (Israel Kabula principle).	19 September 2019
Uganda Electricity Transmission Company( Ltd) Vs Kaiso Jack (MISCELLANEOUS APPLICATION NO. 0004 OF 2019) [2019] UGHCCD 272 (12 September 2019) Application for leave to defend summary suit dismissed where outstanding compensation admitted and no bona fide triable issues shown. * Civil procedure – Order 36 summary procedure – leave to appear and defend – requirement to show good and bona fide defence, difficult point of law or real triable issue (Kotecha; Marsenne). * Contract/compensation – whether payment was conditional or time of payment was of the essence. * Constitutional law – Article 26(2)(b)(i) – prohibition on deprivation of property without prompt compensation.	12 September 2019
Fort Portal Municipal Council Vs Globe World Engineering (U) (Ltd) (MISCELLANEOUS APPLICATION NO. 046 OF 2018) [2019] UGHCCD 271 (10 September 2019) Service on the applicant via its central registry secretary was valid; application to set aside the ex‑parte order dismissed. Service of process – Local government councils – validity of service on council via central registry/secretary – Regulation 26(1) (Local Government Councils Regulations) – setting aside ex‑parte orders – enlargement of time to file defence – inordinate delay.	10 September 2019
Katende Sempebwa & Co Advocates & Anor Vs Nabacwa & 3 Ors (HCT-14-LD-MA-0072-2019) [2019] UGHCCD 268 (9 September 2019) Beneficiaries' fraud and breach-of-trust claims against executors are not necessarily time-barred under Section 20. Limitation Act – Section 20 (12-year bar for claims to deceased estate) read subject to Section 19(1) exceptions – fraud and fraudulent breach of trust by trustees/administrators – testamentary trusts and fiduciary duties of executors – revocation of probate and recovery of trust property – time-bar applicability depends on cause of action and relief sought.	9 September 2019
Global Industries Vs Trident Infratech (Ltd) (MISC.APPLICATION NO.250 OF 2019) [2019] UGHCCD 207 (6 September 2019) Court set aside interim ban and found High Court applications incompetent for failing to follow Arbitration and Conciliation Act procedures. Arbitration and Conciliation Act s.9 – ouster of court jurisdiction; Enforcement and challenge of arbitral awards – ss.34–36 and Arbitration Rules (registration, service, execution); Judicial review inappropriate for private arbitral disputes; Interim orders inconsistent with ACA are null and void; Parties must follow statutory procedure before court enforcement; Self-help eviction/lock-out without court execution unlawful.	6 September 2019
Mash East Africa (Ltd) Vs Road Tainers Mombasa (Ltd) (CIVIL SUIT NO. 20 OF 2016) [2019] UGHCCD 182 (5 September 2019) The defendant held vicariously liable for its driver’s negligence; plaintiff awarded special and general damages with interest and costs. Negligence – motor vehicle collision – duty of care; res ipsa loquitur applies where conduct unexplained. Vicarious liability – employer liable for servant’s torts committed in course of employment. Damages – proof of special damages, assessment of lost earnings, award of general damages; interest and costs. Procedure – ex parte judgment where defendant defaults to defend.	5 September 2019
Mash East Africa( Ltd) Vs Road Tainers Mombasa (Ltd) (CIVIL SUIT NO. 20 OF 2016) [2019] UGHCCD 278 (5 September 2019) Employer vicariously liable for driver’s negligent overtaking; plaintiff awarded special and general damages. Motor-vehicle negligence – driver’s duty of care – res ipsa loquitur – vicarious liability of employer for servant’s tort – proof and assessment of special and general damages – interest and costs in ex parte judgment.	5 September 2019