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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.

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Twed towers, along Kafu Road, Nakasero.
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https://judiciary.go.ug/data/smenu/12/Civil%20Division.html
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10 judgments
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Judgment date
September 2024
Helmsman Quality and Technology Services Company Limited (HQTS) v Attorney and Another (Misc Cause 224 of 2023) [2024] UGHCCD 153 (19 September 2024)
Application for judicial review of a Parliamentary committee report dismissed as premature because report had not been adopted by Parliament.
Judicial review — amenability — committee report tabled but not adopted by Parliament — no reviewable decision; joinder of parties — Order 1 r.3 CPR; Rule 7A Judicature (Judicial Review) Rules — exhaustion and public body requirement.
 19 September 2024
Japan International Cooperation Agency v Development Measures International Limited (Miscellaneous Application 494 of 2022) [2024] UGHCCD 151 (12 September 2024)
The applicant’s diplomatic immunity bars the respondent’s funding claim; the plaint is struck out and the suit dismissed with costs.
* Diplomatic immunity – scope and application – whether a foreign development agency’s call for proposals falls within official functions attracting immunity under the Vienna Convention and bilateral agreement. * Private vs public law – invitation to treat, legitimate expectation and enforceable rights arising from proposal short‑listing. * Civil procedure – strike out for frivolous, vexatious claims and abuse of process.
 12 September 2024
Kamau Eng. International Jansen Ltd and Another v Rushokora (Revision Cause 29 of 2020) [2024] UGHCCD 150 (12 September 2024)
A litigant cannot file an advocate’s bill for taxation; only an advocate may do so, so the taxation award was set aside.
Advocates Act and Regulations – Taxation of costs – Only advocates may file and present advocates’ bills for taxation – Litigant cannot file a professional bill – Trial court’s taxation of a self-drafted bill is material irregularity – Revision under s.83 Civil Procedure Act.
 12 September 2024
Trade Mark East Africa Limited v National Organic Agricultural Movement of Uganda Limited (NOGAMU) (Civil Suit 127 of 2019) [2024] UGHCCD 149 (12 September 2024)
The defendant breached the grant agreement by failing to disclose other funding; plaintiff awarded $72,980, interest and costs.
Contract law – Grant agreement – Failure to disclose alternative funding; double dipping; requirement for written variation; sanctity of contract; entitlement to refund, interest and costs.
 12 September 2024
Abaliwano v The Uganda Cancer Institute and Another (Judicial Review Miscellaneous Cause 5 of 2023) [2024] UGHCCD 147 (6 September 2024)
A board’s advertisement to fill a presidential appointee’s post was unlawful; only the President can remove such an officer.
Administrative law – judicial review – illegality, procedural impropriety and ultra vires acts; Constitutional appointments – Article 172(1)(a) – only appointing authority may remove presidential appointees; Statutory immunity – qualified; Exhaustion of remedies – doctrine inapplicable where statute provides no internal remedy; Remedies – declaration, certiorari, prohibition and costs.
 6 September 2024
Bhatia and Another v Boutique Shazim Ltd and 4 Others (Miscellaneous Application 123 of 2023) [2024] UGHCCD 146 (6 September 2024)
Court refuses to lift corporate veil where applicants failed to prove fraud or exhaust execution remedies.
Companies law – lifting corporate veil; section 20 Companies Act – requires fraud/tax evasion or abuse of corporate form; execution law – applicants must first exhaust available modes of execution; alter-ego doctrine reserved for cogent evidence of misuse to defeat legal obligations.
 6 September 2024
Mugona and Another v Muhereza (Miscellaneous Application 19 of 2023; Miscellaneous Application 317 of 2023) [2024] UGHCCD 145 (6 September 2024)

 

 6 September 2024
Nabbale and 2 Others v The Registered Trustees of Kampala Archdiocese T/A St. Francis Hospital Nsambya (Civil Appeal 49 of 2021) [2024] UGHCCD 144 (6 September 2024)
Appellate court upheld Medical Council’s finding that hospital was not negligent for prioritising life‑saving care over ROP screening.
Medical negligence – duty of care and informed consent – Retinopathy of Prematurity (ROP) – prioritisation of life‑saving treatment over non‑immediate interventions – standard of a reasonably competent medical practitioner – weight of expert evidence and deference to body of professional opinion.
 6 September 2024
Nyambura & Another v Three Way Shipping Group Limited (Miscellaneous Cause 120 of 2023) [2024] UGHCCD 143 (6 September 2024)

 

 6 September 2024
Skands General Machandise Limited v Makumbi (Civil Appeal 72 of 2018) [2024] UGHCCD 148 (6 September 2024)
Appeal allowed: suit reinstated in the interest of justice despite litigant’s lack of diligence and trial court procedural errors.
* Civil Procedure – reinstatement of suit – Order 9 rule 18 CPR – sufficient cause – negligence of counsel versus litigant’s diligence. * Procedural fairness – right to be heard – adjournment and leave to file written submissions. * Procedural law – requirement to decide preliminary points of law before disposing on merits. * Interests of justice – preference to determine disputes on merits even where delay or inattention occurred.
 6 September 2024