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

16 judgments

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16 judgments

Citation	Judgment date
July 2024
Stanbic Bank Uganda Limited v Odoro Susan (Civil Appeal 89 of 2018) [2024] UGHCCD 118 (29 July 2024) Enforcement proceedings under Section 14 do not permit re‑assessment of disability; employer must timely challenge and rebut statutory presumption. Workers Compensation Act — Sections 3(7), 13 and 14; jurisdiction to challenge Medical Arbitration Board assessments; statutory presumption of causation in favour of worker; burden and shift of proof; evaluation and weight of expert medical evidence; enforcement of labour officer computations.	29 July 2024
Namusoke and Another v Mbaine (Miscellaneous Application 288 of 2022) [2024] UGHCCD 116 (23 July 2024) Court refused applicants’ consequential orders because parallel High Court suits and an injunction could conflict with such relief. * Consequential orders – relief incidental to and giving effect to a principal judgment – must be consistent with existing court processes. * Effect of setting aside lower court decree – restoration of status quo potentially justified but subject to intervening proceedings. * Interlocutory injunctions and parallel suits – bar to granting orders that would conflict with ongoing litigation.	23 July 2024
GP Advocates v Attorney General (Miscellaneous Cause 108 of 2024) [2024] UGHCCD 113 (19 July 2024)	19 July 2024
Mugasa Adyeeri v The Commissioner Land Registration (Miscellaneous Cause 257 of 2023) [2024] UGHCCD 114 (19 July 2024) Judicial review allowed where statutory appeal forum was unavailable; registrar lawfully cancelled an erroneous land registration. * Administrative law – judicial review – amenability where statutory appeal forum is unavailable; * Land law – Section 91 Land Act – registrar’s power to alter or cancel entries for erroneous registration; * Procedural fairness – duty to give reasons and hold public hearings; * Illegality and irrationality – limits of registrar’s jurisdiction versus matters for court.	19 July 2024
Semambo v Tumukunde (Civil Appeal 38 of 2018) [2024] UGHCCD 117 (17 July 2024) Appellate court upholds general damages award and allows amended memorandum where no prejudice resulted. Civil procedure – amendment of memorandum of appeal – Order 43 r.2 CPR; Evidence – valuation report reliability; Damages – distinction between special and general damages; Appellate review – interference with quantum only where wrong principle or shockingly extreme award; Civil v criminal proceedings – criminal acquittal or rulings not determinative of civil liability.	17 July 2024
Agaba & 3 Others v The Attorney General & 11 Others (Election Petition 2 of 2022) [2024] UGHCCD 112 (16 July 2024)	16 July 2024
Segonga T/A Platinum Associates v Katebalirwe (Miscellaneous Application 807 of 2017) [2024] UGHCCD 110 (15 July 2024) Advocate’s mistake or negligence can constitute sufficient cause to set aside ex parte proceedings for an inter partes hearing. Civil Procedure – Order 9 r.27 CPR – Setting aside ex parte decrees – "sufficient cause" – Advocate’s mistake/negligence as sufficient cause – Service and non-appearance – Right to inter partes hearing.	15 July 2024
Isingoma v Law Development Centre (Miscellaneous Cause 344 of 2020) [2024] UGHCCD 123 (12 July 2024)	12 July 2024
Kimera v Nalwadda Kamanyi and Another (Miscellaneous Application 9 of 2022) [2024] UGHCCD 111 (10 July 2024) Stay of execution dismissed as incompetent and abusive due to non-compliance with conditional stay, false affidavit and contemptuous re-entry. * Civil procedure — stay of execution — competence where lower court granted conditional stay subject to security deposit; * Abuse of process — deliberate falsehood on affidavit and unclean hands; * Enforcement/execution — eviction, re-entry and contempt; * Court will not aid parties engaged in illegal resistance to lawful execution.	10 July 2024
Nsamba v The Registered Trustees of the Federation of Motorsport Clubs of Uganda (FMU) & 4 Others (Miscellaneous Application 18 of 2024; Miscellaneous Application 296 of 2023; Miscellaneous Application 39 of 2024; Miscellaneous Application 67 of 2024) [2024] UGHCCD 122 (8 July 2024)	8 July 2024
Nsamba v The Registered Trustees of The Federation of Motorspot Clubs of Uganda (FMU) and 4 Others (Consolidated Miscellenous Application 296 of 2023) [2024] UGHCCD 173 (8 July 2024) Court quashed executive committee's ultra vires EOGA decision, ordered fresh EOGA, and found contempts with damages. * Civil procedure – consolidation of related applications – proper where same facts and issues. * Judicial review – amenability – private associations with public impact or public funds may be subject to review. * Administrative law – illegality – ultra vires acts where authority to convene EOGA vests in a different organ. * Exhaustion of local remedies – flexible approach where internal forum is conflicted. * Contempt – deliberate defiance of interim court orders attracts personal liability and damages.	8 July 2024
Sserunkuma and Another v Attorney General (Misc Cause 102 of 2021) [2024] UGHCCD 119 (8 July 2024) Applicants detained beyond 48 hours and not informed of right to counsel; awarded declarations, damages, interest and costs. Constitutional law – personal liberty – Article 23 – strict 48‑hour limit for production to court; duty to inform reasons for arrest and right to counsel; alleged torture and self-incrimination not proven; remedies: declaratory relief, compensatory damages, interest and costs.	8 July 2024
Sserunkuma and Another v Attorney General (Miscellaneous Cause 102 of 2021) [2024] UGHCCD 108 (8 July 2024) Detention beyond 48 hours and failure to inform suspects of reasons and of right to counsel violated the applicants’ constitutional personal liberty. Constitutional law – personal liberty – Article 23 – 48-hour rule and production to court; right to be informed of reasons for arrest; right to be informed of and to access counsel; allegations of torture and self-incrimination; remedies – declarations, damages, interest and costs.	8 July 2024
Center for Health, Human Rights & Development (CEHURD) v Attorney General & Another (Miscellaneous Cause 30 of 2023) [2024] UGHCCD 121 (5 July 2024)	5 July 2024
Tusiime Bamanyindo v Kaali Ali Fadhil and Attorney General (Miscellaneous Application 403 of 2023) [2024] UGHCCD 109 (3 July 2024) Court granted temporary injunction restraining implementation of deserter declaration and disciplinary action against the applicant. * Administrative law / Police disciplinary actions – declaration of a serving officer as a deserter – interim relief to maintain status quo pending full hearing; * Civil procedure – interlocutory injunction – requirements: prima facie case with probability of success, irreparable injury, balance of convenience; * Human rights – right to fair hearing and protection from arbitrary administrative sanction; * Ex parte procedure – respondent absence and proceeding under Civil Procedure Rules Order 9.	3 July 2024
In The Matter Of Company Cause By Musis Grivas (Company Cause 243 of 2023) [2024] UGHCCD 106 (1 July 2024) A court will decline to authorize company meetings under s.142 where related litigation makes meaningful deliberation impracticable. * Companies Act, s.142 – Court’s power to order alternative conduct of company meetings where impracticable to follow articles. * Company meetings – quorum, notice period and virtual meetings – suitability where members are dispersed. * Civil litigation – effect of pending disputes over corporate authority on ordering membership meetings.	1 July 2024