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
December 2020
Irene Namusoke v Centenary Rural Development Bank Limited (Civil Suit No 572 of 2016) [2020] UGHCCD 237 (18 December 2020) The respondent-bank may recover outstanding debt, damages and interest after foreclosure sale despite deductions from sale proceeds. Banking law – recovery of outstanding loan after foreclosure sale; application of sale proceeds and deduction of foreclosure expenses; unchallenged witness evidence in default proceedings; award of decretal sum, general damages and post-judgment interest; costs follow the event.	18 December 2020
Samuel Wuma v Uganda Railways Corporation (Civil Suit No. 147 of 2011) [2020] UGHCCD 239 (18 December 2020) Deemed dismissal for desertion bars terminal benefits; eviction ordered though rent counterclaim dismissed. Employment law – study leave cancelled; absence without leave/desertion – deemed dismissal under employer's staff rules – dismissal forfeits entitlement to pension/gratuity; limitation issues; landlord/tenant counterclaim for rent and eviction.	18 December 2020
Ayo v Achieng (Miscellaneous Cause 223 of 2020) [2020] UGHCCD 227 (15 December 2020) Court extended time and set aside a premature statutory demand where consent order lacked endorsement and execution not attempted. Insolvency law – statutory demand – Section 5 Insolvency Act and Reg.6 – extension of time under s.5(3) and s.96 CPA – requirement of execution/return of execution before insolvency proceedings – premature statutory demand – insolvency remedies not to be used for debt collection – sufficient cause (illness supported by medical evidence).	15 December 2020
Kasirye v Ahumumuza Bageine aka TASHA (MISCELLENOUS APPLICATION No. 150 OF 2020) [2020] UGHCCD 222 (11 December 2020) Applicant's request for default judgment refused; court validated respondent's late-served defence and ordered inter partes hearing. Civil Procedure – Filing of defence – WSD filing completed by court record placement, Registrar's seal and service on opposite party within 15 days – late service renders filing technically incomplete but court may validate in interests of justice. Civil Procedure – Mediation – Court-accredited mediator as "official referee" under Order 11A Rule 1(4)(e) – effect on abatement. Civil Procedure – Default judgment – distinction between default judgment for liquidated claims and proceeding as if defence filed for other claims; appropriate remedy is inter partes hearing, not automatic default judgment.	11 December 2020
Justice Anup Singh Choudry v Ramgharia Sikh Society Kampala and 2 Others (Civil Suit No 328 of 2019) [2020] UGHCCD 234 (10 December 2020) Plaintiff entitled to modest quantum meruit award; title to be handed over upon full payment; other defendants dismissed. Quantum meruit – entitlement to reasonable remuneration where services rendered without fixed price – requirement to prove amount; Proof of disbursements – documentary evidence for expenses; Corporate personality – society (registered trustees) distinct from individual members; Delivery of title conditioned on full payment; Costs – unsuccessful joinder of improper parties results in no costs award to plaintiff.	10 December 2020
Migadde Gonzaga and Another v Trustees of Nakivubo War Memorial Stadium Trust and Another (H.C.C.S. No. 544 / 2019) [2020] UGHCCD 235 (4 December 2020) Court held registered leases valid; Registration of Titles Act prevails over conflicting trust statute; suit dismissed with costs. Trust property – Nakivubo War Memorial Stadium Trust Act s.8(e) – prohibition against dealing with scheduled property; Statutory interpretation – literal versus purposive/contextual approaches; Registered land – Registration of Titles Act (Cap. 230) prevails over inconsistent statutes; s.59 certificate of title conclusive; s.101 recognizes leases; Validity of registered leases – absence of fraud or challenge; Public–private partnership and redevelopment of trust property.	4 December 2020
Akello-Akuru v Electoral Commission & Another (ELECTION PETITION NO. 12 OF 2020) [2020] UGHCCD 217 (1 December 2020) Failure to meet statutory nomination requirements meant the Electoral Commission lawfully upheld refusal to nominate the petitioner. Electoral law – candidate nominations – compliance with documentary requirements and statutory resignation timelines for nomination. Administrative law – limits on Electoral Commission powers – inability to permit nominations after gazetted dates absent court order. Procedural law – competency of petitions by persons aggrieved by Electoral Commission decisions; non-joinder of parties affects relief but not competency.	1 December 2020
Akello v Electoral Commission & Another (ELECTION PETITION NO. 10 OF 2020) [2020] UGHCCD 218 (1 December 2020) Challenge to nomination dismissed as inappropriate after a candidate was declared and gazetted; remedy is an election petition. Electoral law — Appeal from Electoral Commission — Locus to appeal under Art.64 and s.15(2) — Declared and gazetted winner ceases to be a candidate — Remedy after gazetting is an election petition under ss.60–61 — Natural justice requires joining the declared winner — Court cannot create law to nullify gazetted result in an appeal.	1 December 2020
Akongot v Electoral Commission & Another (ELECTION PETITION NO. 14 OF 2020) [2020] UGHCCD 219 (1 December 2020) Applicant's nomination challenge dismissed as inappropriate after a winner was gazetted; election petition required to challenge declaration. Electoral law – jurisdiction of the Electoral Commission under the Constitution to hear election complaints. Competency and timeliness of appeals from Commission decisions to the High Court. Proper remedy once a candidate has been declared and gazetted – election petition under Parliamentary Elections Act (secs.60–68). Natural justice – cannot nullify rights of a gazetted winner who is not a party. Limits on judicially creating remedies outside statutory electoral scheme.	1 December 2020
Asio v Electoral Commission & Another (ELECTION PETITION NO. 11 OF 2020) [2020] UGHCCD 220 (1 December 2020) Petition dismissed as inappropriate after a winner was gazetted; challenge must be by election petition, not this appeal. Electoral law — jurisdiction of Electoral Commission versus Returning Officer at nomination — competence of appeals to High Court — effect of declaration and gazetting of winner — appropriate remedy is an election petition under Parliamentary Elections Act — protecting audi alteram partem where a declared winner is not a party.	1 December 2020
Ekwenare v Electoral Commission & Another (ELECTION PETITION NO. 9 OF 2020) [2020] UGHCCD 221 (1 December 2020) A candidate cannot validly stand for multiple elective positions simultaneously; Commission lawfully denied dual nomination and petition dismissed. Electoral law – nomination and dual candidacy – Electoral Commission jurisdiction over nomination complaints – limitation on remedies once a candidate has been declared and gazetted – proper forum for challenging a declared winner is an election petition under Parliamentary Elections Act.	1 December 2020