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

13 judgments

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13 judgments

Citation	Judgment date
September 2021
Tumushabe v Myanya and Another ( Administrator of the Estate of late Katungi) and Another (Civil Suit No. 53 of 2007) [2021] UGHCCD 230 (30 September 2021) Deposit gave the third party an equitable interest; defendants not trespassers; third party ordered to pay outstanding balance. Land law – Sale of land – equitable interest passes on valid contract and deposit; purchaser gains right to deal with land. Doctrine of nemo dat quod non habet – buyer acquires only seller's equitable interest. Trespass – unauthorised interference with possession; purchasers with equitable interest not trespassers against vendor holding legal title in trust. Specific performance and remedies – vendor retains claim for unpaid purchase money; transfer contingent on payment. Indemnity – no indemnity where no loss occasioned to purchaser.	30 September 2021
Alibhai and 9 Others v Uganda Revenue Authority (Miscellaneous Cause No. 173 of 2021) [2021] UGHCCD 110 (28 September 2021) Revocation of a URA private ruling is administrative; quashed for procedural impropriety and bias, with half costs to applicants. Tax law – private rulings – whether revocation of a private ruling is a 'tax decision' – jurisdiction of High Court v Tax Appeals Tribunal; Judicial review – administrative decisions – legality, irrationality, procedural impropriety, bias and legitimate expectation; Limitation – Rule 5(1) Judicature (Judicial Review) Rules – time‑bar for challenges to Notice of Direction and TAT interim orders; Remedies – certiorari and costs.	28 September 2021
Mateete Microfinance Cooperative Trust Limited v Kibuye and 3 Others (Civil Suit No. 52 of 2017) [2021] UGHCCD 229 (27 September 2021) Written guarantor liable for employee’s fraud where guarantee covers employment; ex parte admission and audit evidence supported recovery. Evidence — ex parte/default — failure to file defence treated as admission; unchallenged witness evidence may be accepted. Documentary evidence — audit report admitted as agreed document may be relied upon. Contract of guarantee — scope determined by the written instrument; parole evidence rule bars oral variation. Guarantor liability — guarantor liable for employee’s fraud occurring during employment when guarantee covers employment generally. Remedies — award of compensatory and exemplary damages and costs.	27 September 2021
Watenga v Uganda WildLife Authority and Others (Civil Suit No. 2 of 2014) [2021] UGHCCD 195 (27 September 2021) Plaintiff found bona fide purchaser; defendant’s alleged statutory interest unproven, counterclaim dismissed, injunction and damages awarded. Property law — title to government land sold under ULC scheme — bona fide purchaser for value — requirement to prove prior proprietary interest or fraud — caveat lodged after registration — trespass and remedies (declaration, vacant possession, injunction, damages, costs).	27 September 2021
Businge v China Railways No. 5 Engineering Group Corporation Limited and 2 Others (Miscellaneous Application No. 62 of 2020) [2021] UGHCCD 181 (22 September 2021) Application to reinstate dismissed suit dismissed for relying on wrong rule and late service without extension. • Civil procedure – reinstatement of dismissed suit – correctness of invoking O.9 r.27 CPR v O.9 r.17/r.18/r.23 CPR • Civil procedure – dismissal for non-appearance when neither party present – remedy under O.9 r.18 CPR • Civil procedure – service of motions – O.5 r.1(2) CPR requirement to serve within 21 days or seek extension; effect of failure to serve • Procedural compliance – mistake of counsel does not excuse failure to seek timely extension	22 September 2021
Shukla v Electoral Commission and Another (Election Petition Application No. 340 of 2021) [2021] UGHCCD 113 (15 September 2021) Application to amend an election petition struck out: annexures improperly exhibited and no legal basis to amend under election rules. Election law – amendment of election petitions – Parliamentary Elections (Interim Provisions) Rules – Rule 19 only permits enlargement/abridgement of time, not amendment of petitions. Procedure – application particulars – Article 126(2)(e) of the Constitution does not relieve litigants from complying with procedural rules; technical omissions may be excused if non-fundamental and non-prejudicial. Evidence – Commissioner for Oaths Rules (Rule 8) – annexures to affidavits must be sealed, marked and serialized; failure renders exhibits improperly before court.	15 September 2021
Luttoni and Another v Registered Trustees Archdiocese of Tororo and Another (Civil Appeal No. 1 of 2019) [2021] UGHCCD 172 (13 September 2021) Appellants failed to prove title to disputed land; trial decision upheld but damages award set aside. Land law – ownership and possession – unsurveyed land offered by subcounty to school (1936) – proof of title and specificity of description; locus in quo – role of inspection and sketch plan; evaluation of evidence on first appeal; damages – requirement of evidentiary basis for award of general damages.	13 September 2021
Mpanga v Ssenkubuge and Another (Election Petition No. 15 of 2021) [2021] UGHCCD 112 (8 September 2021) Petition struck out because the supporting affidavit was incurably defective after being commissioned by a commissioner from the petitioner’s law firm. Election petition — supporting affidavit — reliance on third‑party information permissible if sources disclosed; Public documents — declaration of results — require certified copies but admissibility may be considered at trial; Commissioner for Oaths (Advocates) Act s.4(1) — commissioner from same firm as party invalidates affidavit; Additional affidavits filed after petition — permissible in election matters; petition struck out where requisite supporting affidavit is incurably defective.	8 September 2021
Uganda National Road Authority v Prof. Ndungutse (Miscellaneous Cause No. 8 of 2021) [2021] UGHCCD 102 (7 September 2021)	7 September 2021
Uganda National Roads Authority v Nakabba and 6 Others (Miscellaneous Cause No. 95 of 2020) [2021] UGHCCD 103 (7 September 2021)	7 September 2021
Uganda National Roads Authority v Nakate and 3 Others (Civil Miscellaneous Application No. 96 of 2020) [2021] UGHCCD 104 (7 September 2021)	7 September 2021
Kwezi and 2 Others v Kyomuhendo Mugungu and 2 Others (Miscellaneous Application No. 56 of 2019) [2021] UGHCCD 182 (6 September 2021) Application to dismiss appeal for want of prosecution dismissed for late service; O.5 r.1(2) non‑compliance fatal. Civil procedure – Notice of Motion – O.6 r.2 CPR – requirement for summary of evidence and lists – discretion where affidavit embeds evidence; Civil procedure – service of applications – O.5 r.1(2) & (3) CPR – service within 21 days mandatory; failure to seek extension renders application incompetent and liable to dismissal.	6 September 2021
Dr. Nalwoga and 40 Others v Makerere University and Another (Miscellaneous Cause No. 1 of 2021) [2021] UGHCCD 105 (2 September 2021) University college principal appointment quashed for illegality, procedural impropriety and arbitrary qualification changes. Judicial review – amenability, exhaustion of internal remedies and standing Administrative law – illegality, irrationality and procedural impropriety in appointments Statutory instruments – commencement by gazette and non-retroactivity of amendments Employment/university governance – qualification criteria, legitimate expectation and natural justice Remedies – declaration, certiorari, mandamus and costs	2 September 2021