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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
7 judgments
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7 judgments
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December 2024
Lwanga and Another v Muzira (Civil Appeal 104 of 2017) [2024] UGHCCD 204 (19 December 2024)
Appellate court upheld the magistrate’s finding that the tenancy had ended and dismissed the appellants’ distress-for-rent claim.
* Landlord-tenant – distress for rent – whether tenancy subsisted at time of filing – burden to prove arrears; * Evidence – adequacy of supplementary affidavit and photographs to rebut tenant’s assertion; * Credibility – trial magistrate’s evaluation upheld where photographs inconclusive; * Procedural – misdated recital corrected under slip rule (s.99 Civil Procedure Act); * Costs – unsuccessful appellants ordered to pay costs.
 19 December 2024
Lwanga and Another v Muzira (Civil Appeal 104 of 2017) [2024] UGHCCD 208 (19 December 2024)
Appellate court upheld finding that tenancy had ended and dismissed distress-for-rent appeal for lack of rebutting evidence.
* Civil procedure – appeal – duty of first appellate court to re-evaluate evidence on record and reach own conclusion. * Land law – distress for rent – determination of whether tenancy subsisted and when rent was last paid. * Evidence – value of supplementary affidavits and photographs; difference between submissions and affidavit evidence. * Credibility findings – appellate court will uphold trial court findings where supported by totality of evidence. * Slip rule – clerical correction of accidental date error under Section 99 Civil Procedure Act.
 19 December 2024
Ndyowayesu v Serubiri (Civil Appeal 15 of 2021) [2024] UGHCCD 205 (19 December 2024)
Dishonoured cheques amount to prima facie evidence of debt; 22% interest reduced to 15% given non‑commercial context.
* Bills of exchange — dishonoured cheques constitute prima facie evidence of the sum and give holder recourse. * Civil procedure — parties bound by pleadings; after‑thought evidence contradicting pleadings may be rejected. * Contracts Act — requirement for written contract where high value exists is evidential rather than necessarily fatal. * Interest — court discretion to award just and reasonable interest; commercial rates may be reduced for non‑commercial/friendly loans.
 19 December 2024
Ndyowayesu v Serubiri (Civil Appeal 15 of 2021) [2024] UGHCCD 207 (19 December 2024)
Dishonoured cheques constitute prima facie debt; oral friendly loans enforceable; interest reduced to 15% per annum.
Bills of exchange – dishonoured cheques prima facie evidence of debt; Parties bound by pleadings; Oral loans – statutory writing requirement evidential not fatal; Issuing cheques as security discouraged; Discretionary interest under s.26 CPA – commercial rate reduced to 15%.
 19 December 2024
Kalungi Estate Limited v Uganda Revenue Authority (Miscellaneous Application 515 of 2024) [2024] UGHCCD 206 (17 December 2024)

Civil Procedure—Tax disputes—jurisdiction of the High Court—Tax Appeals Tribunal—exhaustion of local remedies—specialized adjudication—misjoinder of parties—premature suits—improper filing—dismissal with costs.

 17 December 2024
Mugisha v Uganda Law Society & 7 Others & Nabasa v Uganda Law Society & Another (Miscellaneous Application 1243 of 2024; Miscellaneous Application 1262 of 2024) [2024] UGHCCD 203 (13 December 2024)

Temporary Injunction—supervisory powers of the High Court—illegality allegations—Extraordinary General Meeting by Uganda Law Society (ULS)—prima facie case—judicial discretion—equitable remedy—balance of convenience—irreparable harm—preventing illegalities, upholding the rule of law.

 13 December 2024
Eng. Fredrick Mubiru v Engineers Registration Board (Civil Appeal 87 of 2024) [2024] UGHCCD 202 (2 December 2024)

Judicial review—professional regulation—disciplinary proceedings—suspension for professional misconduct—failure to provide fair hearing—partial non-compliance by appellant—breach of natural justice—right to respond to allegations—certiorari—engineer's one-year suspension set aside—court orders a new disciplinary hearing adhering to principles of natural justice—damages and costs denied due to appellant's prior non-compliance.

 2 December 2024