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.
19 judgments
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19 judgments
Citation
Judgment date
August 2024

 

30 August 2024

 

30 August 2024

 

30 August 2024

 

30 August 2024

 

30 August 2024
Driver's negligence caused injury; owner vicariously liable; insurer not liable absent third‑party privity.
* Motor vehicle negligence – driver duty of care; res ipsa loquitur; breach established. * Contributory negligence – must be specifically pleaded and proved; absent here. * Vicarious liability – owner/employer liable for servant/driver acting in course of employment. * Insurer liability – no third‑party privity established; insurer not directly liable to claimant. * Damages – assessment of special and general damages; exemplary/aggravated damages not awarded; interest and costs awarded.
28 August 2024
A company may convene a meeting without quorum when shareholders are untraceable and business continuity is at risk.
Company law – Impracticability of convening shareholder meetings – Untraceable shareholders – Court's power to permit meetings absent quorum – Correction of shareholder register – Continuity of company operations.
27 August 2024
Court upholds regulator’s Circular No.7 updating bidding forms to allow supplier/distributor authorisations; applicants’ review dismissed.
Public procurement law – authority’s power to prepare, update and issue standardized bidding documents – use of circulars versus gazetted guidelines; duty to consult; legitimate expectation; administrative law – illegality, irrationality, procedural impropriety; competition and value for money.
23 August 2024
Applicant entitled to tax advocate-client bill; service on one executor binds both and receipts don't bar taxation.
* Advocates Act s.57 – taxation of advocate-client bills – requirements for delivery, signature and 30-day lapse; presumption of bona fides once delivered. * Service – delivery to one executor suffices where executors act jointly and are sued in representative capacity. * Evidentiary weight of receipts – acknowledgment of payment does not by itself establish a full agreement or bar taxation; taxing master to offset amounts already paid. * Costs – costs follow the event (s.27 CPA).
23 August 2024
Court granted injunctions to preserve disputed land status pending judicial review of title cancellation.
Land law – Temporary injunction – preservation of status quo pending judicial review – Amendment/cancellation of titles by Commissioner – alleged breach of natural justice – prima facie case, irreparable harm and balance of convenience.
23 August 2024
Service on one executor suffices and receipts did not rebut presumption—leave to tax advocate-client bills granted.
Advocates Act s.57 – action to recover advocate’s costs – requirements for delivery and presumption of bona fides once delivered; service on one co-executor sufficient for both; receipts insufficient to prove full payment or bar taxation; leave to tax advocate-client bills granted.
23 August 2024
Court found unlawful detention and torture by police, struck out late reply, and awarded UGX 50,000,000 and costs.
Torture and cruel, inhuman or degrading treatment; unlawful detention beyond 48 hours; vicarious liability of the State for police misconduct; procedural compliance for affidavits (timelines and written authority); award of general damages where special damages not proved.
20 August 2024
Court refused custody of entire title where applicant's pleaded claim was only for specific condominium certificates.
Civil procedure – interim custody of title deeds; Pleadings – relief must accord with pleaded case; Third-party rights – existing mortgages and numerous condominium titles; Fair hearing – court cannot grant unpleaded relief.
19 August 2024

Administrative law – judicial review – executive orders – salary adjustment – legitimate expectation – certiorari – mandamus

16 August 2024

 

12 August 2024
Applicants entitled to shares under a binding shareholders' agreement; respondents breached contract; specific performance and damages ordered.
Company law – Shareholders' Cooperation Agreement – existence and enforceability; breach of contract by directors; specific performance and appointment/removal of directors; declaration of share ownership; award of general damages.
12 August 2024
A staff tribunal exceeded its jurisdiction and acted irrationally by reinstating the respondent and ordering salary arrears.
Administrative law – judicial review – availability despite statutory limitation; Tribunal procedure – timelines and natural justice; Appeal time limits – statutory 14 days; Ultra vires – Tribunal usurping appointing authority; Remedies – certiorari quashing reinstatement and salary arrears.
12 August 2024
A judgment creditor may be joined to mental health proceedings where adjudication affects execution of an outstanding decree.
Civil procedure – Joinder of parties – Sufficient interest – Effect of mental health adjudication on execution proceedings – Multiplicity of suits – Application for joinder under Civil Procedure Rules and Judicature Act.
9 August 2024

Administrative law – judicial review – issuance of directives against legally established procedures – ultra vires actions by public officer – improper exercise of quasi-judicial authority – contravention of court orders – illegality – certiorari – prohibition – costs

2 August 2024