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

15 judgments

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15 judgments

Citation	Judgment date
June 2022
Mugisa v Hon. Kibanzanga and 2 Others (Misc Cause No. 3 of 2022) [2022] UGHCCD 267 (29 June 2022) Vehicle released from attachment where objector proved possession and interest; execution creditors failed to prove judgment debtor’s possession. Civil procedure – execution and attachment – objector proceedings – possession at time of attachment determines entitlement to release; Proof required in objector suit – interest in property, possession on own account; Fraudulent transfer – indicators to consider where transfer seeks to defeat creditors; Hearsay and unproduced evidence inadmissible to prove possession; Costs – party not involved in attachment entitled to costs when unnecessarily joined.	29 June 2022
Waibi and 2 Others v Attorney General (Misc Cause No. 142 of 2021) [2022] UGHCCD 95 (26 June 2022) Court dismissed application to extend statutory two‑year limitation, holding counsel’s error is not a s6(1)(c) "mistake". Limitation of actions; Section 3 Cap 72 two-year bar for torts against Government; Order 7 Rule 6 — requirement to plead exemption in the plaint; Section 6(1)(c) — "mistake" postposes limitation only where mistake affects the cause of action; mistake of counsel not covered; courts lack inherent power to extend statutory limitation periods.	26 June 2022
Mumbere and 2 Others v Attorney General (HCT-01-CV-CS 3 of 2016) [2022] UGHCCD 269 (24 June 2022) Whether the applicants were maliciously prosecuted and falsely imprisoned without reasonable cause by the respondent. Malicious prosecution – absence of reasonable and probable cause – objective test based on materials before the prosecutor. False imprisonment – unlawful detention resulting from baseless prosecution. Remedies – general damages, interest and costs; exemplary damages declined where conduct not sufficiently high-handed.	24 June 2022
Uganda Muslim Supreme Council v Rayyan Association Limited and Another (Miscellaneous Application No. 17 of 2020) [2022] UGHCCD 109 (23 June 2022) Applicant with an asserted ownership interest in the disputed property was added as a necessary defendant to avoid multiplicity of suits. Civil procedure — Joinder of parties — O.1 r.10(2), O.1 r.13 CPR — Necessary party — Interest in land/property — Avoidance of multiplicity of suits — Ownership and management dispute — Requirement to file W.S.D. after joinder.	23 June 2022
Ocom and Others v Erongot (Miscellaneous Application 8 of 2020) [2022] UGHCCD 306 (20 June 2022)	20 June 2022
Kafu Sugar Limited and Another v Attorney General of Uganda and 5 Others (Civil Suit No. 55 of 2017) [2022] UGHCCD 106 (17 June 2022) Applicants challenge to land allocation and title dismissed: no fiduciary breach, no fraud, registered title upheld. Company law directors' fiduciary duties; effect of resignation/nominal directorship on duties; property law conditional allocation/legitimate expectation; administrative law requirements for NEMA clearance; land law indefeasibility of registered title under section 59 RTA; proof and particulars required for fraud.	17 June 2022
Kasigwa v Banura Kajunjube and 3 Others (Civil Appeal No. 22 of 2019) [2022] UGHCCD 97 (14 June 2022) Appellate court set aside trial judgment, declared appellant owner due to long possession and trial courtâ€™s mis-evaluation and locus visit irregularities. Limitation of actions – computation of appeal time from availability of certified record; Evidence – burden of proof on party asserting title; admissibility of hearsay and res gestae; Locus in quo – limits on receiving evidence from non-testifying witnesses and right to cross-examine; Possessory/prescriptive rights – long uninterrupted occupation may establish ownership; Appellate review – re-evaluation of evidence and interference where trial court relied on conjecture.	14 June 2022
Nambassa (suing as Administrator of the Estate of the Late Fred Lyagoba) v Equity Bank Uganda Limited (Miscellaneous Application 248 of 2022) [2022] UGHCCD 325 (14 June 2022)	14 June 2022
Sammy J Company and 2 Others v Opportunity Bank U Limited and Another (Miscellaneous Application 185 of 2021) [2022] UGHCCD 323 (8 June 2022)	8 June 2022
Ecetu v Obirai and 2 Others (Civil Miscellaneous Application 74 of 2020) [2022] UGHCCD 297 (7 June 2022)	7 June 2022
Ecetu v Obirai and 2 Others (Civil Miscellaneous Application 74 of 2020) [2022] UGHCCD 298 (7 June 2022)	7 June 2022
Oyollo Akech v Okello (Miscellaneous Application No. 160 of 2019) [2022] UGHCCD 281 (7 June 2022)	7 June 2022
Soroti Municipal Council v Akello and Another (Miscellaneous Application No. 14 of 2020) [2022] UGHCCD 282 (7 June 2022)	7 June 2022
Kato v Tullow Uganda Operations PTY Limited and 2 Others (Civil Suit No. 5 of 2013) [2022] UGHCCD 99 (2 June 2022) Consent withdrawal is not res judicata; plaintiff failed to prove malicious prosecution and suit dismissed. Civil procedure – res judicata: consent withdrawal of suit does not amount to a hearing and final decision on the merits; Malicious prosecution – essential elements: institution of proceedings by defendant, absence of reasonable cause, malice, and termination in favour of plaintiff; Burden of proof in civil cases – balance of probabilities; Contractual indemnity – entitlement only where liability has arisen under the contract.	2 June 2022
Tulihamu Budongo Sacco Limited v Karubanga (Civil Suit No. 29 of 2014) [2022] UGHCCD 101 (2 June 2022) Whether the defendant misappropriated SACCO funds and is liable to repay, with damages, interest and costs. Civil procedure; burden of proof — he who alleges must prove; Contract — loan repayment and notice of default; Conversion and money had and received — unauthorized withdrawals, misuse of cheque book and failure to account; Remedies — recovery, general and punitive damages, interest and costs; Limitation — accrual on discovery.	2 June 2022