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.
11 judgments
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11 judgments
Citation
Judgment date
February 2022
Leave to appeal against a security-for-costs order dismissed as out of time and procedurally defective.
* Civil procedure – Leave to appeal – Order 44 r.2 – applicant must show prima facie grounds meriting serious judicial consideration. * Civil procedure – Extension of time – must be sought by formal application; cannot be granted via written submissions. * Civil procedure – Time limits substantive, not mere technicalities – Article 126(2)(e) applied with caution. * Security for costs – procedural prerequisites for appealing orders requiring security.
28 February 2022
28 February 2022
Whether a local authority is vicariously liable for police actions called in to restore public order.
Police law and tort — vicarious liability — no employer-employee relationship where police act under statutory mandate; failure to file defence as constructive admission; proof required for special damages; assessment and quantum of general damages for bodily injury.
28 February 2022
Leave to appeal refused where applicants failed to show arguable grounds; res judicata and Rule 5(1) time‑extension arguments rejected.
Leave to appeal – application for leave to Court of Appeal – test for grant where impugned order involved judicial discretion; Res judicata – requirement that prior matter be heard and finally determined on the merits; Judicial review – Rule 5(1) extension of time discretionary and permissive; Limitation statutes – construed subject to specific procedural provisions.
25 February 2022
23 February 2022
Applicant showed procedural unfairness in title cancellation but failed by not exhausting statutory remedies, so judicial review dismissed.
Land law – Land Act s.91 – cancellation/alteration of certificates of title – requirement of notice and an opportunity to be heard; Registration of Titles Act s.177/182 – procedure to summon registrar; appeal under s.91(10); requirement to exhaust statutory remedies before seeking judicial review.
23 February 2022
23 February 2022
21 February 2022
16 February 2022
High Court dismissed judicial review as premature because applicants failed to exhaust statutory Staff Tribunal remedies.
Judicial review — Prematurity — Requirement to exhaust alternative statutory remedies; Universities and Other Tertiary Institutions Act — Appointments Board (s.50) and University Staff Tribunal (s.57) — employment disputes; forum shopping; judicial restraint where statutory appeal exists.
11 February 2022
7 February 2022