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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
8 judgments
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8 judgments
Citation
Judgment date
October 2020
Imperial Gas Supply (U) Limited v Gondariya Hitesh Kandi (MISC. APPLICATION NO. 522 OF 2020) [2020] UGHCCD 207 (28 October 2020)
28 October 2020
Basile Difasi & 3 Ors v The National Unity Platform & 8 Ors (MISCELLENOUS CAUSE No. 226 OF 2020) [2020] UGHCCD 204 (21 October 2020)
Challenge to party name change and leadership dismissed as time‑barred and procedurally improper.
Political parties — challenge to party name change and internal elections — remedies for administrative action — judicial review procedure — Judicature (Judicial Review) Rules 2009 Rule 5(1) (three-month time limit) — laches and abuse of process — inherent powers and joinder of parties.
 21 October 2020
Asiimwe v Forum for Democratic Change (FDC) & Anor (MISC APP. NO. 620 of 2020) [2020] UGHCCD 206 (15 October 2020)
Applicant failed to use internal party remedies and application was overtaken by events; injunction and judicial review dismissed.
Judicial review – exhaustion of internal remedies – party National Election Tribunal – requirement to lodge complaint before approaching court; Temporary injunction – purpose to preserve status quo – injunction inappropriate where endorsement/sponsorship already occurred; Party constitutions – internal dispute resolution mandatory where available.
 15 October 2020
Makerere University Business School (MUBS) & Anor v Magoola (MISC. APPLICATION NO.295 OF 2020) [2020] UGHCCD 211 (8 October 2020)
A valid notice of appeal and evidence of imminent execution justify a stay pending appeal if no unreasonable delay.
Civil procedure – Stay of execution pending appeal – requirements: notice of appeal and request for certified record; imminent threat of execution; substantial loss; no unreasonable delay. Affidavit formalities – affidavit not commissioned by Commissioner for Oaths, lacking signature/seal/date is incompetent and struck off record.
 8 October 2020
Allibhai & 2 Others v Attorney General (MISCELLANEOUS CAUSES NO. 70, 117 & 119 OF 2020) [2020] UGHCCD 216 (7 October 2020)
Parliamentary committee conduct is reviewable, but a premature challenge to an ongoing inquiry was dismissed for lack of evidence.
Administrative law — Judicial review — parliamentary committees amenable to review; Justiciability — premature challenges to ongoing parliamentary inquiries discouraged; Grounds of review — burden to prove illegality, irrationality or procedural impropriety; Separation of powers — courts should exercise restraint and not pre-empt parliamentary oversight functions; Sub-judice rule — inapplicable where court action commenced after parliamentary inquiry began.
 7 October 2020
Nagenda v The Secretary, Uganda Land Commission & Another (MISCELLANEOUS APPLICATION NO. 4 OF 2020) [2020] UGHCCD 215 (2 October 2020)
Applicant granted mandamus compelling accounting officer to pay an outstanding court-ordered decretal sum within the financial year.
Judicial review – Mandamus – enforcement of unappealed court judgment – duty of accounting officer under section 50 Land Act to effect payment or budget for court-ordered debts – requirements for Mandamus (clear legal right, demand and refusal, lack of alternative) – unopposed application.
 2 October 2020
Water and Environment Media Network (U) Ltd v National Environment Management Authority (MISCELLANEOUS APPLICTION NO. 509 OF 2020) [2020] UGHCCD 214 (2 October 2020)
Temporary injunction refused where facts disputed and an indispensable third party was not joined.
Administrative law – interim relief – temporary injunction in judicial review – preservation of status quo, prima facie case, irreparable injury, balance of convenience. Civil procedure – non-joinder/indispensable third party – court will not make orders prejudicing non-parties without hearing them. Environmental law – ESIA approval – public consultations, lead agency input and COVID-19 restrictions on public hearings.
 2 October 2020
Mangeni v Uganda Revenue Authority (MISCELLANEOUS APPLICATION NO. 46 OF 2020) [2020] UGHCCD 210 (1 October 2020)
Court granted temporary injunction restraining respondent from auctioning applicant’s vehicle pending trial, finding prima facie case and irreparable harm.
Interlocutory injunction – preservation of status quo – prima facie case and probability of success – irreparable injury not compensable by damages – balance of convenience – statutory forfeiture under EACCMA does not automatically oust court jurisdiction to review alleged unlawful or negligent conduct by public body.
 1 October 2020