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.
16 judgments
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16 judgments
Citation
Judgment date
September 2025
Applicant proved breach of contract; awarded unpaid principal, general damages, interest and costs.
Contract law – breach of contract and recovery of unpaid sums; evidential burden in ex parte proceedings – reliance on invoices and bank statements; abandonment of defence by non-attendance (Order 9 Rule 20); damages under s.67(7) Contracts Act; award of interest and costs.
26 September 2025
Court ordered register rectification, transmission of deceased member's shares to the applicant, and reversion of missing shares to company.
* Companies Act s.121 – rectification of members' register – death as sufficient cause for removal; * Transmission of shares to legal personal representative – Succession Act s.176 and company articles; * Reversion of missing shareholders' shares to company to be held in trust; * Registrar of Companies directed to effect rectification; * Court intervention where absence of directors/members prevents normal transfer mechanisms.
24 September 2025
A prima facie judicial‑review case does not justify a mandatory interlocutory injunction when compliance is impractical and damages are adequate.
* Civil procedure – Temporary mandatory (interlocutory) injunctions – extraordinary discretionary remedy – requirements: prima facie case, irreparable injury, balance of convenience, and compliance capability. * Administrative law – Judicial review – effect of pending review on election/nomination processes and availability of interlocutory relief. * Electoral law – party nomination/denomination and verification of candidates’ eligibility based on national identification records. * Natural justice – complaint of denial of hearing before alteration of biodata.
18 September 2025
Interim injunction denied for failure to prove irreparable harm and because balance of convenience favored current SACCO management.
Civil procedure – Temporary injunction – Tests: prima facie case; irreparable injury; balance of convenience; status quo to be preserved – Judicial review – process versus merits – Cooperative Societies governance and interim relief – Jurisdiction/arbitration issues reserved for main suit.
17 September 2025
Application to strike out suit dismissed: timely amended plaint cured lack of written authority and discloses a cause of action.
Civil procedure – sufficiency of plaint to disclose a cause of action; amendment of plaint under Order 6 r20; written authority for next friend under Order 32 r1; competence of suit involving a minor; whether amendment cures procedural defects.
15 September 2025
Court varied a consent order to replace land‑title security with a 30‑day deposit of the decretal sum, subject to conditions.
* Civil procedure – Variation of consent order – Substitution of immovable property security with deposit of decretal sum. * Security for due performance – Encumbrance removal conditioned on receipt of decretal sum. * Public interest and urgency – land acquisition for relocation of landslide‑prone communities. * Costs – applicants to bear application and encumbrance removal/restoration costs if non‑compliant.
15 September 2025
Temporary injunction granted to restrain respondent from publishing alleged defamatory statements against the applicant pending trial.
* Defamation – interlocutory relief – temporary injunction to restrain further publications pending trial * Requirements for temporary injunction – status quo, prima facie case, irreparable injury, balance of convenience * Freedom of expression (Art.29) vs protection of reputation – limitation under Art.43 * Non-appearance/reply by respondent treated as implicit admission
12 September 2025
A Ministry Rewards & Sanctions Committee hearing and recommendation can lawfully support the Education Service Commission’s dismissal of an education officer.
Administrative law – judicial review – amenability of public bodies; Public service discipline – Rewards & Sanctions Committee authority; Education Service Commission Regulations (2012) – Regulation 28 & 34 – Commission may act on Ministry recommendations; Natural justice – fair hearing satisfied by Ministry committee hearing when Commission properly considers recommendation.
12 September 2025
Court grants temporary injunction restraining reallocation of market property pending resolution of ownership dispute.
Civil Procedure — Temporary injunction — Requirements for grant — Prima facie case with probability of success — Irreparable harm — Balance of convenience — Procedural irregularity — Authority to depone affidavit on behalf of multiple applicants.
10 September 2025
High Court granted habeas corpus to test lawfulness of private rehabilitation confinement despite spousal sponsorship and asserted statutory compliance.
Habeas corpus – detention in private rehabilitation facility – lawfulness of confinement – spousal sponsorship and consent – safeguards under the Mental Health Act – High Court jurisdiction to assess liberty and order production for independent assessment.
9 September 2025
Court set aside manifestly low taxed instruction fee and recomputed it under the Advocates' remuneration regulations.
* Advocates (Remuneration and Taxation of Costs) Regulations – Sixth Schedule – computation of instruction fees where subject-matter exceeds UGX 100,000,000; * Taxation of costs – manifestly low awards and error of principle; * Taxing Master’s discretion – must be exercised judicially; * Unchallenged affidavit – failure to file reply and evidential effect; * Remedy – setting aside and re-computation of taxed fees.
8 September 2025
Limitation periods for contract or employment disputes do not bar proceedings challenging compulsory public interest retirement under public service law.
Employment law – Public service – Compulsory retirement in public interest – Applicability of limitation periods – Statutory versus contractual claims – Judicial discretion to prioritize substantive justice over technicalities.
8 September 2025
The court ordered the production of the applicant, suspected of military detention, by issuing a writ of habeas corpus.
Habeas corpus – unlawful detention – personal liberty – remedy for unlawful arrest or detention – military custody – requirement to produce detainee before court under constitutional protections.
5 September 2025
Court suspends new outdoor advertising rates, finding them irrational, but upholds local authority’s power to impose fees by ordinance.
Administrative law — Judicial review — Local government powers — Taxes and fees — Distinction between taxes and fees — Lawful authority to impose outdoor advertising fees by ordinance — Procedural fairness — Rationality of administrative action — Excessive and irrational fee increases — Suspension of implementation pending review.
4 September 2025
Court set aside orders for pension and gratuity where the decree awarded relief not granted in the operative judgment.
Civil procedure – Review – Error apparent on the face of the record – Decree including reliefs not granted in the judgment – Effect of prior ex parte judgment being set aside – Proper extraction of decrees and subsequent execution proceedings.
3 September 2025
Application for contempt and mandamus dismissed for lack of proof of intentional disobedience and absence of verified claims.
Civil procedure – Contempt of court – Elements of contempt – Mandamus – Prerequisites for writ of mandamus – Impossibility of performance as a defense – Consent judgments and duty of verification.
3 September 2025