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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
10 judgments
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10 judgments
Citation
Judgment date
August 2020
IN RE Uganda Baati (MISCELLANEOUS CAUSE NO. 228 OF 2020) [2020] UGHCCD 192 (31 August 2020)
31 August 2020
Katwesigye & 2 Ors v Anguyo & 2 Ors (MISCELLANEOUS CAUSE NO. 27 OF 2019) [2020] UGHCCD 208 (31 August 2020)
31 August 2020
Isabirye v Kakooza & 2 Others (MISCELLANEOUS APPLICATION NO. 41O OF 2020) [2020] UGHCCD 184 (28 August 2020)
Court granted limited interim travel permission for studies despite ongoing interdiction, finding irreparable harm and favorable balance of convenience.
Administrative law – Interim relief; interdiction and travel ban – Criteria for interim injunction: prima facie case, irreparable harm, balance of convenience – Limited permission to travel for studies while preserving interdiction and ongoing investigations.
 28 August 2020
Muhumuza v Attorney General & 2 Others (MISCELLANEOUS APPLICATION NO. 449 OF 2020) [2020] UGHCCD 185 (28 August 2020)
Interim injunction to halt electoral nominations denied for lack of prima facie case and due to public interest in ongoing elections.
Interim injunction — electoral process — prima facie case, balance of convenience, irreparable harm; public interest in ongoing elections; Electoral Commission’s constitutional mandate; delimitation of constituencies raises constitutional issues for the Constitutional Court.
 28 August 2020
Tibagwa & 4 Ors v Yaya Ucame & 2 Ors (MISC.CIVIL APPLICATION No. 039 OF 2014) [2020] UGHCCD 223 (19 August 2020)
19 August 2020
Alibhai & 9 Others v Uganda Revenue Authority (MISCELLANEOUS CAUSE NO. 123 OF 2020) [2020] UGHCCD 186 (17 August 2020)
Revocation of a private tax ruling without hearing affected persons breaches natural justice and may be quashed by judicial review.
Judicial review – administrative action – revocation of private tax ruling – duty to act fairly and afford hearing – locus standi of affected persons – prematurity and exhaustion of remedies – discretionary relief of certiorari.
 17 August 2020
IN RE Uganda Clays Limited (COMPANY CAUSE NO. 16 OF 2020) [2020] UGHCCD 187 (17 August 2020)
Court granted leave under Companies Act s142 to hold a listed company’s AGM electronically due to COVID-19, subject to regulatory conditions.
Companies Act s142 – Court power to order meetings conducted in manner it thinks fit where impracticable; COVID-19 public health restrictions as justification for virtual AGMs; requirement to obtain securities exchange no-objection and comply with listing rules and statutory notices; obiter urging amendment of articles and law to permit virtual/hybrid meetings.
 17 August 2020
Leeds Insurance Limited v Insurance Regulatory Authority of Uganda & Another (MISCELLANEOUS CAUSE NO. 171 OF 2014) [2020] UGHCCD 189 (14 August 2020)
Statutory adjudicative power exists but IRA’s CEO-led decision was quashed for procedural unfairness and lack of independent adjudicative structure.
Insurance law – statutory adjudication of insurance complaints; interpretation of "arbitrate" in Insurance Act; natural justice – nemo judex in causa sua; procedural fairness and right to a hearing under Article 28; mandamus to establish independent adjudicative body; certiorari to quash procedurally flawed decision.
 14 August 2020
Infectious Disease Institute v MARPS Network Limited (MISCELLANEOUS CAUSE NO. 171 OF 2020) [2020] UGHCCD 183 (10 August 2020)
Specific performance ordered to recover project vehicle and audit records; court permits piercing corporate veil where abuse is shown.
Contract – sub-award agreements – breach for failure to return project assets and render accountability; Specific performance granted under s.33 Judicature Act; Service by registered post and email effective under s.274 Companies Act and practice directions; Corporate veil may be pierced where company used to frustrate legal obligations or cloak fraud; Costs awarded.
 10 August 2020
Wandera-Kifudde v National Animal Genetic Resources and Data Bank & 2 Others (MISCELLANEOUS CAUSE NO. 82 OF 2020) [2020] UGHCCD 181 (7 August 2020)
Ministerial renewal of employment was ultra vires; the Board lawfully advertised the post and the applicant’s judicial review claims fail.
Administrative law – Judicial review – Ultra vires acts – Statutory allocation of appointment powers under Animal Breeding Act 2001 s.24 – Minister’s lack of authority to renew staff contracts in absence of Board – Advertisement lawful – Affidavit in rejoinder struck out for lack of leave.
 7 August 2020