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 2024
Abundant Life Faith Church Of Uganda and Another v Ochieng Peter and 6 Others (Miscellaneous Application 376 of 2023) [2024] UGHCCD 105 (28 June 2024) The NGO Bureau lawfully issued a permit; internal management disputes do not invalidate the organization's registration. NGO law – registration and permits – effect of prior registration under repealed Cap 113 and re-registration under NGO Act 2016; non-renewal of earlier certificate does not terminate existence; internal management disputes do not invalidate Bureau-issued permit.	28 June 2024
Sekabira v Commissioner Land Registration (Misc Cause 44 of 2022) [2024] UGHCCD 103 (21 June 2024) Respondent's failure to issue a substitute land title was unlawful; mandamus, damages and costs awarded to the applicant. Administrative law – Judicial review – Illegality and abuse of discretion; Registration of Titles Act s.170 – duty to effect registrations and issue certificates; Mandamus to compel creation/maintenance of substitute title and duplicate certificate; Availability of damages in judicial review where breach of statutory duty established.	21 June 2024
Sekabira v The Commissioner Land Registration (Miscellaneous Cause 44 of 2022) [2024] UGHCCD 107 (21 June 2024) Registrar’s failure to create a substitute title was unlawful; mandamus, damages and costs were granted to the applicant. Administrative law – Judicial review – Illegality and abuse of discretion where a public officer fails to exercise statutory powers appropriately Land registration – Registrar’s duty under s.170 Registration of Titles Act – creation of substitute/duplicate certificates and blue page files Remedies – Declarations, order of mandamus, damages for breach of statutory duty, and costs Procedural – Ex parte hearing where respondent fails to appear despite service	21 June 2024
Atwine v Uganda Railways Corporation and Another (Misc Cause 264 of 2022) [2024] UGHCCD 104 (18 June 2024) Non-renewal of a fixed-term public employment contract was lawful where conditions for renewal and procedural fairness were not breached. Judicial review — amenability — public body and public-law matters; fixed-term employment — renewal conditional on performance appraisals; procedural impropriety — no general duty to afford hearing before non-renewal absent contractual/HR requirement; illegality — Presidential recommendation requires ministerial action to have force of law; discretion to admit late affidavits where no prejudice.	18 June 2024
Harriet Nankabirwa and Another v National Union of Women with Disabilities of Uganda Ltd and Another (Miscellaneous Cause 54 of 2024) [2024] UGHCCD 210 (14 June 2024) A board meeting of a non-governmental organization was validly convened despite organizational suspension, as per regulatory directives. Judicial review – Locus standi – Non-governmental organizations as public bodies – Board meetings – Legality of decision-making – NGO regulatory compliance – Procedural propriety and quorum in board decisions.	14 June 2024
Luzinda v Chims Africa Uganda Limited (Miscellaneous Application 362 of 2021) [2024] UGHCCD 102 (14 June 2024) Default judgment set aside where service was ineffective and applicant demonstrated bona fide triable issues; leave to defend granted. Civil procedure – Order 36 r.11: setting aside default/decree for ineffective service; affidavits in interlocutory applications – flexible timing for affidavit in reply; summary judgment principles – bona fide triable issues and good cause for leave to defend; service irregularities and effect on judgment validity.	14 June 2024
Kintu T/a Genesis Drug Shop v National Drug uthority (Misc Cause 159 of 2023) [2024] UGHCCD 98 (10 June 2024) High Court severed constitutional claims, found judicial review appropriate but dismissed challenge to licensing/relocation decision with costs. Judicial review — amenability and scope — High Court may review administrative process but not determine constitutional validity (Article 137) — severance of constitutional claims — grounds examined: illegality, procedural impropriety (legitimate expectation, bias), irrationality — proximity and licensing regulations enforcement.	10 June 2024
Mandera v Hyensi (Civil Suit 136 of 2021) [2024] UGHCCD 95 (10 June 2024)	10 June 2024
Pastor Walugembe v Segawa (Civil Suit 653 of 2016) [2024] UGHCCD 97 (10 June 2024) Letter to judicial officers accusing the plaintiff of coercive land grabbing was defamatory; privilege failed and damages, injunction and costs awarded. Defamation — Publication to third parties — Imputation of coercion and land grabbing — Qualified (conditional) privilege — Requirement of good faith; malice defeats privilege — Assessment of general damages for reputational injury.	10 June 2024
In the matter of an Application for an Order deferring the covening the Annual General Meeting of Igara Growers Tea Factory Limited (Miscellaneous Cause 82 of 2024) [2024] UGHCCD 93 (7 June 2024)	7 June 2024
In the matter of Igara Growers Tea Factory Ltd (Miscellaneous Cause No. 82 of 2024) [2024] UGHCCD 212 (7 June 2024) The court allowed a financially distressed company's application to defer its statutory AGM, invoking powers under the Companies Act. Company law – Annual General Meeting – extension of time – impracticability due to financial constraints – court’s power under Companies Act section 142.	7 June 2024
Katungye v Reynolds Construction Co. Limited (Civil Suit 205 of 2011) [2024] UGHCCD 120 (7 June 2024)	7 June 2024
Wabwire v Rikasa Investments Limited (Revision Cause 2 of 2022) [2024] UGHCCD 94 (5 June 2024)	5 June 2024
Lukyamuzi & Another v The Editor, Hello Uganda & 2 Others (Civil Suit 227 of 2015) [2024] UGHCCD 96 (4 June 2024)	4 June 2024
Nyakana v Attorney General (Civil Suit 306 of 2011) [2024] UGHCCD 99 (4 June 2024) Applicant’s 1995 unlawful detention claim dismissed as time-barred; ex-gratia payment did not revive the cause. Limitation Act — time bar for actions in tort and personal injury; Order 7 rule 6 CPR — requirement to plead grounds of exemption from limitation; ex-gratia payment does not amount to acknowledgment or part payment reviving a cause of action; failure to plead disability or exception precludes reliance on it at trial.	4 June 2024