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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.
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https://judiciary.go.ug/data/smenu/12/Civil%20Division.html
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4 judgments
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January 2020
Obigah v Mpande & 3 Others (CIVIL SUIT NO. 318 OF 2012) [2020] UGHCCD 9 (20 January 2020)
Board members' letter about internal governance was not defamatory; opinions protected and claim dismissed.
Defamation — reasonable reader and contextual approach — distinction between verifiable facts and honest opinion — internal board communications and freedom of speech — privileged/qualified communications on governance matters.
 20 January 2020
Baryamureeba v Kabakonjo & 6 Others (CIVIL SUIT NO. 20 OF 2013) [2020] UGHCCD 27 (17 January 2020)
DNA confirmed paternity and disputed land was held to be family land, preventing plaintiff’s unilateral sale.
Family land — Land Act s.38A — definition and protection of family land; customary marriage — requirement of ceremony and registration; DNA parentage evidence — admissibility and weight; constructive spouse doctrine for property protection; refusal to allow unilateral disposal of family land.
 17 January 2020
Mulira v Mugisa-Kamulegeya (CIVIL REVISION NO 10 OF 2017) [2020] UGHCCD 30 (10 January 2020)
The trial court correctly struck out the fresh suit as res judicata; the revision is dismissed with costs.
Civil procedure – Revision (s.83 CPA) – confined to jurisdictional errors; non‑jurisdictional grievances are for appeal. Res judicata (s.7 CPA) – elements: same matter directly and substantially in issue, same parties or those claiming under them, competent court, heard and finally decided; Explanations 4 & 5 widen scope to matters/reliefs that could or ought to have been raised. Preliminary objection – point of law (including res judicata) may be raised at any stage and can be argued without an affidavit. Consent judgment – execution or challenge through proper mechanisms; cannot be bypassed by filing a fresh suit to alter agreed terms.
 10 January 2020
IN RE Uganda Telecom Limited (In Administration) and IN RE Application by UCEPS to vary Deed of Administration of Uganda Telecom Limited (COMPANY CAUSE NO. 30 OF 2019) [2020] UGHCCD 180 (2 January 2020)
Court refused variation absent creditors’ resolution and, under s.174, appointed a registered, experienced administrator.
Insolvency law – administration deed variation – section 167 requires creditors’ resolution; court’s power to remove/appoint administrator under section 174(1)(c) and Regulation 162; requirement for registered insolvency practitioner with practical insolvency experience; considerations of independence and stakeholder interests in appointment.
 2 January 2020