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.
3,164 judgments
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3,164 judgments
Citation
Judgment date
November 2025
Government’s admitted liability for agreed terminal benefits justified a certificate/order; unpleaded damages and interest were rejected.
Government proceedings – Certificate of order under Section 19 Government Proceedings Act; Judgment on admissions – sufficiency of government admission under Order 13 r.6; Pleadings – prohibition on relief not claimed and absence of evidence (Fang Min principle).
6 November 2025
Judicial review focuses on process; interdisciplinary degree valid as related specialization, so appointment upheld.
Administrative law – Judicial review – scope limited to procedural fairness, legality and rationality, not merits; exhaustion of remedies excused where internal remedies are fettered or unaddressed; public appointments – qualifications – interdisciplinary degrees may constitute 'related specialization' under advertised criteria; consultations with technical bodies and accrediting institutions relevant to lawfulness of appointment.
5 November 2025
Appellant entitled to market value and damages after respondent failed to prove a loan and unlawfully sold his vehicle.
Consumer/money-lending law – compliance with Tier 4 Microfinance Institutions and Money Lenders Act (sections 69, 86); Electronic evidence – authentication and admissibility of call recordings under the Electronic Transactions Act; Secured transactions – obligations of secured creditor to account after disposal under section 52(1) of the Security Interest in Movable Property Act; Remedies – award of market value, general damages, interest and costs.
5 November 2025
Disqualification from guild elections upheld where applicant was convicted by a university disciplinary committee.
* Administrative law – Judicial review – scope confined to legality, rationality and procedural fairness * Students’ election law – eligibility – Article 9(1)(e) excludes students found guilty by university committee * Procedural fairness – fair hearing upheld where student pleaded guilty and was disciplined by Hall Disciplinary Committee
1 November 2025
October 2025
Appeal dismissed: applicant failed to prove requested documents were in respondents’ possession or relevant for discovery.
Civil procedure — Discovery of documents — Requirement to show documents exist and are in opponent’s possession, custody or power — Relevance and materiality to matters in issue — Avoidance of fishing expeditions — Public/third‑party records obtainable from URSB or banks — Appellate restraint in reviewing discretionary discovery rulings.
31 October 2025
High Court revised magistrate’s decree: principal debt upheld but punitive and compound interest awards set aside.
Civil procedure – Revision under Section 83 CPA – jurisdictional limits and review for illegality or material irregularity; Order 36 specially endorsed plaint – liquidated demand; punitive/penalty interest and compound interest not recoverable in summary suit where amounts are unascertained.
31 October 2025
Leave to defend summary suit refused where affidavit and proposed defence disclosed no bona fide triable issue.
Civil procedure – Order 36 summary procedure – leave to appear and defend – triable-issue test; proposed written statement of defence should be attached and sufficiently particular; bare denials or vague assertions are inadequate; refusal of leave under Order 36 Rule 5 results in judgment for plaintiff.
31 October 2025
Interim injunction dismissed: funds already disbursed and applicant failed to show irreparable harm; respondents lawfully implementing amended statute.
Interim injunctions — prerequisites (urgency, irreparable harm, status quo) — overtaken-by-events doctrine — limits on restraining implementation of Acts of Parliament — Political Parties and Organisations (Amendment) Act 2025 conditioning public funding on statutory IPOD membership — balance of convenience.
29 October 2025
The High Court lacks jurisdiction to entertain the applicant's pre-Commission election complaint; application dismissed as premature.
* Constitutional and electoral law – jurisdiction – Articles 61(1)(f) and 64(1) – Electoral Commission as first-instance forum for pre-poll and polling complaints. * Administrative law – exhaustion of remedies – premature judicial review against matters pending administrative review. * Voter registration – parish tribunal recommendations and Commission review process; appeal to High Court lies only from final Commission decisions. * Binding precedent – Court of Appeal and Supreme Court authority that High Court is not first-instance forum for such election complaints.
24 October 2025
Court pierced corporate veil where respondent director used the company to frustrate execution through deliberate transfers.
Company law – lifting/piercing corporate veil – Companies Act s.20 – ‘‘alter ego’’ doctrine – abuse of separate legal personality to frustrate execution – fraudulent transfers to related company and to director’s personal account – execution remedies and costs.
24 October 2025
Detention beyond 48 hours violated the applicant’s right to personal liberty; torture allegations were not proved.
Constitutional law – Article 23 (personal liberty) – detention beyond 48 hours; Prohibition of torture – Article 24 and Prevention and Prohibition of Torture Act – burden of proof and admissibility of medical evidence; Human Rights (Enforcement) Act – remedies and compensation for violated fundamental rights.
23 October 2025
Challenge to party primary cancellation dismissed as overtaken by events and therefore moot.
Administrative law – Judicial review – amenability and exhaustion of internal remedies; Elections – cancellation and fresh primaries; Mootness – application overtaken by events; Procedural impropriety vs correctness of decision; Party dispute resolution and tribunals' errors.
22 October 2025
Government may verify beneficiaries of representative judgments to prevent fraud without unlawfully interfering with execution.
Executive verification of beneficiaries; allegations of fraud in representative suits; use of security agencies to verify identities lawful to protect public funds; no interference with execution of court judgments where verification is justified.
22 October 2025
Habeas corpus dismissed where State denies custody and applicants are treated as missing persons.
Habeas corpus – constitutional non-derogable remedy – burden to produce detainee – returns and searches – absence of custody evidence – missing persons and missing-person investigations.
22 October 2025
Interdiction of a Head of Department was unlawful and procedurally improper; interdiction quashed, charges quashed, damages awarded.
Judicial review – administrative decision – interdiction of senior public officer – amenability to review; Illegality – disciplinary control and removal of Heads of Department reserved to the President – interdiction by non‑appointing authority ultra vires; Procedural impropriety – failure to give fair hearing, failure to frame charges and consult Solicitor General; Contempt – charging/prosecuting despite interim court order; Remedies – certiorari, prohibitory injunctions, quashing of charges, damages and costs.
21 October 2025
Contempt application dismissed because the applicant lacked authority to represent the claimants, so merits were not considered.
Contempt of court — elements: lawful order, knowledge, ability to comply, disobedience; Standing/locus — authority to represent multiple claimants in contempt proceedings; Civil procedure — failure to prove representation justifies dismissal without addressing merits.
21 October 2025
Applicant admitted debt and failed to raise a triable issue; leave to defend dismissed and summary judgment entered for the plaintiff.
Summary procedure — Leave to appear and defend — Order 36 rule 3(1) — Bona fide triable issue required — Affidavit sufficiency — Admission of debt — Contractual terms not establishing defence — Entitlement to summary decree on refusal of leave.
19 October 2025
Stay of execution denied because applicant failed to show a prima facie likelihood of success on appeal.
* Civil procedure – Stay of execution pending appeal – Requirements under Order 43 r.4 – necessity of pending appeal, likelihood of success, absence of unreasonable delay, and security. * Appellate procedure – Likelihood of success as primary consideration – importance of annexing grounds of appeal to enable assessment. * Equity – Balance of convenience – protection of successful party’s fruits of judgment and compensability by monetary relief.
18 October 2025
Judicial review available where a party tribunal rescinded a declaration and re‑tallied votes without affording a fair hearing.
• Judicial review – amenability of political party organs and internal election tribunals; public body status of political parties. • Administrative law – grounds for review: illegality, irrationality (Wednesbury), and procedural impropriety (natural justice). • Functus officio – returning officer/district registrar lacks power to rescind a declared result once declared; errors fall to the tribunal. • Procedural fairness – re‑tallying or verification exercises affecting rights must afford affected candidate opportunity to participate or witness. • Remedies – certiorari to quash tribunal decision and mandamus to compel issuance of party flag/card.
17 October 2025
High Court lacks jurisdiction to stay or suspend a criminal contempt sentence for scandalising the court; remedy is appeal.
* Contempt of Court – classification – distinction between civil (remedial) and criminal (punitive) contempt. * Scandalising the court – public statements/tweets as criminal contempt capable of undermining public confidence. * Procedure and remedies – criminal contempt sentences are fixed and the sentencing court becomes functus officio; remedy lies in appeal. * Indirect (not in the face of court) contempt can nonetheless be criminal where it scandalises the judiciary.
16 October 2025
Temporary injunction granted where society’s council constitutionality and fairness of meetings are in dispute.
Administrative law; injunctions – preservation of status quo pending trial; society governance – constitution of Council under s.9 Uganda Law Society Act; requisitioned meetings – interplay of s.16(1) and s.16(2); natural justice – right to fair hearing in removal/censure; disqualification by sentence – Regulation 15(2)(e).
16 October 2025
Defendants breached sale and refund agreements; plaintiff awarded UGX 68m refund, UGX 30m damages, interest and costs.
* Contract law – land sale – failure to deliver vacant possession – breach of contract and entitlement to rescission and refund. * Evidence – burden on plaintiff to prove on balance of probabilities; admission and weight of documentary evidence (PEX1, PEX3, PEX4). * Remedies – repayment of purchase price, general damages, interest (commercial and court rates), and costs. * Civil procedure – defendants’ non‑attendance and non‑compliance; proceeding ex parte under Order 9 rule 20.
13 October 2025
Judicial review inappropriate to decide substantive appointment rights; applicant used wrong procedure and application was time‑barred.
Judicial review — amenability — procedural impropriety, illegality and irrationality — supervisory remedy not for determining substantive appointment rights — time‑bar under Judicature (Judicial Review) Rules (three months).
13 October 2025
Assignment of tenancy without landlord’s prior written consent amounted to trespass; eviction, damages and injunction granted.
Landlord and Tenant — Assignment/subletting — Prior written consent required by tenancy clause; Trespass — unlawful occupation after tenancy expiry; Unauthorized permanent structures — no compensation to trespasser; Remedies — eviction, special and general damages, interest, injunction, costs.
13 October 2025
Cancellation of title without statutory notice or hearing was procedurally irregular; certiorari and mandamus granted.
Land law; judicial review; procedural fairness and natural justice; Section 88 Land Act notice and hearing requirement; illegality and ultra vires administrative action; certiorari and mandamus as remedies.
13 October 2025
Court pierced the corporate veil and held directors personally liable for deliberately frustrating execution of a valid judgment.
* Company law – Corporate personality – Piercing the corporate veil where company used to frustrate execution of a valid decree or to evade legal obligations. * Civil procedure – Execution of decrees – Scope and effect of Section 34(1) Civil Procedure Act; executing court’s powers and when a fresh suit may be entertained. * Jurisdiction – Pecuniary limits of Magistrate Grade I; award within jurisdictional limits. * Remedies – Personal liability of directors where company is used as instrument to defeat judgment enforcement.
13 October 2025
Official Receiver exceeded statutory powers by halting liquidation over a disputed, unsubstantiated creditor claim.
Judicial review – administrative law – amenability and scope; Insolvency law – liquidator’s discretion to admit/reject proofs of debt (s.9; Reg.176); limits on Official Receiver’s investigatory powers (s.203; Insolvency (Investigation & Prosecution) Regs) – ultra vires intervention; remedies – certiorari, mandamus, prohibition; damages not ordinarily available in judicial review.
13 October 2025
No interim injunction where title was lawfully cancelled; no status quo, no prima facie case, and balance of convenience favours respondent.
Land law – Interim injunctions – Status quo – Cancellation of title under Land Act s91 – Judicial review – Prima facie case – Irreparable harm – Balance of convenience – Judicial restraint of statutory functions.
8 October 2025
Court authorized personal representatives to convene an EGM under s138 to appoint directors and regularize company affairs.
* Companies Act s138 — court power to order meetings where it is impracticable to convene under articles; * Standing of personal representatives to seek court-ordered meeting; * Inherent equitable jurisdiction of High Court to prevent corporate collapse; * Adequacy of notice by publication; * Relief to appoint directors and regularize company affairs (filing of annual returns).
8 October 2025
Court granted habeas corpus on reasonable-ground affidavit alleging forcible removal and secret detention.
Habeas corpus — reasonable grounds standard under s.34 Judicature Act — particularised affidavit required; naming state officers; remedy for alleged unlawful or secret detention.
8 October 2025
Counter claimant entitled to UGX 146,060,000 and UGX 10,000,000 damages for breaches by the 1st and 3rd counter defendants.
Contract – loan agreement – failure to repay and failure to perform payment terms under a memorandum of loan settlement – breach established; Contract – collaboration agreement – unauthorized release of stock held as security – breach established; Remedies – award of principal, general damages, interest (on damages) and costs; No award of interest on principal where criteria for compound interest not met.
7 October 2025
Interim injunction denied for failure to show imminent threat or irreparable harm from continued office occupancy.
Administrative law — public service appointment and continuation after retirement; Interim injunction — requirements: prima facie case, substantive application, imminent threat/irreparable harm; Public interest and continuity of government services; Balance of convenience — no compelling reason for interim relief.
2 October 2025
Habeas corpus granted where a police officer alleged unlawful military detention without charge or production to court.
* Constitutional law – Habeas corpus – Article 23(9) inviolable; * Judicature Act s.38(a) – prerequisites for writ of habeas corpus; * Civil procedure – joinder/striking out respondents (Order 1 r.10(2)); * Detention without charge or production – deprivation of personal liberty.
2 October 2025
Contempt application dismissed because applicant failed to prove the respondent had effective knowledge of the court order.
Contempt of court – civil contempt – elements: lawful order; knowledge of order; disobedience – knowledge must be proved clearly and beyond reasonable doubt – non‑party liability – proof of service/notice required.
2 October 2025
Court granted a limited interim injunction preventing the EC from declaring the party’s executive committee expired, but refused to order nominations.
Electoral law – interim injunction – conditions for interim relief – balance of convenience and public interest under Article 61(2) – party organs and sponsorship of candidates – court’s inherent equitable powers (Section 37 Judicature Act; Section 98 Civil Procedure Act).
1 October 2025
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