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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
4 judgments
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4 judgments
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November 2020
Twesigye v Barya (CIVIL REFERENCE NO. 27 OF 2019) [2020] UGHCCD 213 (16 November 2020)
A taxation reference filed three years late, without leave or satisfactory explanation, was dismissed for inordinate delay.
Advocates Act s.62(1) – appeal from taxing officer – 30-day time limit for filing reference. Delay and condonation – unexplained inordinate delay requires satisfactory explanation or leave to file out of time. Judicature Act s.17(2)(a) and s.33 – court’s powers to prevent abuse of process and dismiss delayed proceedings. Procedural preliminary objections – timeliness may dispose of other objections and merits.
 16 November 2020
Busuulwa v JP Africa (U) Ltd (CIVIL APPEAL NO. 081 OF 2019) [2020] UGHCCD 212 (9 November 2020)
A purchaser who registers property despite vendor’s defective title cannot obtain a protectable interest to defeat attachment.
Attachment before judgment – Order 40 Rule 8 and Order 22 Rules 55–58 CPR – claimant must show legal interest and legal possession at date of attachment; nemo dat – defective vendor title defeats purchaser’s claim; alleged fraudulent transfer/bad faith relevant.
 9 November 2020
Ocen v Ssabwe (MISC. APPLICATION NO. 626 OF 2020) [2020] UGHCCD 209 (6 November 2020)
Ex parte attachment set aside for lack of valid service and insufficient evidence of intent to dispose of the disputed vehicle.
Civil Procedure – Attachment before judgment (Order 40 CPR) – requirement of satisfactory evidence that defendant intends to dispose or remove property to defeat execution – necessity of full and frank disclosure. Civil Procedure – Service of process – personal service under O.5 r.10 – proof of service must identify person served. Commercial law – Bill of lading and registration as indicia of ownership; allegations of fraud are subject to proof.
 6 November 2020
Twed Property Development Limited v Uganda Investment Authority and 2 Others (Miscellaneous Application No.652 of 2020) [2020] UGHCCD 231 (3 November 2020)
Court granted interim injunction preserving disputed leasehold land pending judicial review.
Judicial review – exercise of public power – non-renewal and reallocation of leasehold land; Interim/temporary injunction – preservation of status quo; prima facie case, irreparable harm and balance of convenience; Section 64(c) Civil Procedure Act; land possession vs registered allocation.
 3 November 2020