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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.

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Twed towers, along Kafu Road, Nakasero.
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https://judiciary.go.ug/data/smenu/12/Civil%20Division.html
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7 judgments
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July 2020
Guarantee Trust Bank (U) Limited v Acaye (CIVIL APPEAL NO. 51 OF 2018) [2020] UGHCCD 190 (22 July 2020)
A regulator exceeded authority, denying the applicant employment; the respondent bank was not liable for discrimination.
Equal Opportunities Commission – jurisdiction to determine discrimination complaints and grant monetary remedies under section 14(4). Administrative law – coram and quorum: three-member panel valid; majority decisions permissible. Banking regulation – scope of Bank of Uganda’s authority under the Financial Institutions Act; regulator exceeded mandate by requiring approval for Internal Audit Manager. Evidence – admissibility of res gestae/hearsay in context and re-evaluation on appeal. Remedies – limits of the Commission’s awards; distinction between discrimination remedies and contractual/labour claims (special damages, NSSF).
 22 July 2020
Manoj Kumar Bakshi v Bank of Baroda Uganda Limited (Miscellaneous Cause No. 169 of 2020) [2020] UGHCCD 240 (17 July 2020)
Court authorised the applicant to hold its AGM electronically under s.142 due to COVID‑19, subject to USE approval.
Companies Act s.142 – Court-ordered meetings – electronic Annual General Meeting; Judicature Act s.33 – remedial powers; COVID‑19 public health restrictions – impracticability of physical meetings; Uganda Securities Exchange approval and compliance with listing rules.
 17 July 2020
Valimohamed v Departed Asians Property Custodian Board & 2 Others (MISCELLANEOUS CAUSE NO. 66 OF 2020) [2020] UGHCCD 182 (17 July 2020)
Applicant’s lack of notification of an administrative allocation decision amounted to good reason to extend time for judicial review.
Administrative law – Judicial review – Extension of time under rule 5(1) – Whether lack of notification of administrative decision constitutes good reason to extend time. Procedural law – Time limits – Whether time runs from decision date or its communication to affected person. Rule of law vs legal certainty – Balancing notification rights against finality of administrative decisions.
 17 July 2020
Capital Shoppers Ltd & 4 Others v Uganda Revenue Authority (MISCELLANEOUS APPLICATION NO. 265 OF 2020) [2020] UGHCCD 154 (10 July 2020)
Court refused interim injunction halting EFRIS roll-out, upholding statutory powers and public interest in revenue collection.
Tax law – EFRIS implementation; interim relief – temporary injunction test (prima facie case, irreparable harm, balance of convenience); administrative law – ultra vires and procedural propriety; Statutory Instruments – effect of gazette notice under s.73A TPCA; public interest and revenue protection against injunctive relief.
 10 July 2020
Rwehuta & 9 Others v Tumwijukye & 13 Others (MISCELLANEOUS APPLICATION NO. 152 OF 2020) [2020] UGHCCD 153 (10 July 2020)
Application for review of administrative payment and verification orders dismissed for lack of error apparent, delay and abuse of process.
Civil procedure — Review of judgments — Section 82 Civil Procedure Act and Order 46 CPR — scope limited to mistakes apparent on face of record, new evidence, or sufficient reasons. Review v Appeal — disagreements with findings or exercise of discretion are appealable, not grounds for review. Powers of attorney and representation — challenge to agent authority requires appropriate forum and evidence; appointment of agents for disbursement may be administrative. Verification of judgment creditors — court may order verification and administrative measures to prevent misappropriation. Abuse of process and delay — prolonged delay and tactical filing before a different judge may constitute abuse.
 10 July 2020
Kaija Karoli v Centenary Rural Bank & 3 Ors (CIVIL SUIT No. 29 OF 2011) [2020] UGHCCD 152 (7 July 2020)
Plaintiff had no enforceable interest in mortgaged land; bank lawfully foreclosed and purchaser obtained good title; caveat vacated.
Property law – transfer of registered title – certificate of title conclusive (Registration of Titles Act s59) Mortgage/foreclosure – statutory demand/notice and public auction – purchaser protection (Mortgage Act s29) Privity of contract – private agreement between transferor and transferee not binding on bank Caveats – must protect legitimate interest; abusive caveat can be vacated Contempt – sale before injunction served is not contempt
 7 July 2020
Abex Tour & Safaris Company Ltd v Sabiiti & Anor (MISCELLANEOUS CIVIL APPLICATION NO. 28 OF 2020) [2020] UGHCCD 151 (3 July 2020)
A suit against a non-existent company is incompetent and must be struck out; costs to be borne equally.
Civil procedure – incompetence – plaint instituted against a non-existent company – nullity; Amendment – misnomer vs non-existent party – cannot cure; Pleadings – duty to verify party identity; Costs – discretionary denial where defendant failed to correct misdescription.
 3 July 2020