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Uganda decisions
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Ssenkambwe and Others v Rwakaitkara (CIVIL APPEAL NO.095 OF 2022) [2025] UGHC 234 (3 February 2025)
High Court appeal over land trespass succeeded after the court found the trial magistrate misread the evidence and the respondent lacked a valid occupant interest.
Byamugisha and Others v Kasisiri and Another (MISC. APPLICATION NO. 074 OF 2023) [2025] UGHC 236 (3 February 2025)
The court found that the applicants had filed their appeal and application for stay of execution promptly, satisfying the requirement of absence of unreasonable delay. While the applicants did not provide sufficient evidence of substantial loss, the court recognized their right to appeal and the existence of arguable grounds discernible from the memorandum of appeal. The court determined that security for due performance was necessary given the circumstances, including the value of the subject matter and the judgment decree. Consequently, the application for stay of execution was granted on c…
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Sanitation Africa Limited v Lutheran World Federation (Miscellaneous Application 1812 of 2024) [2025] UGCommC 67 (3 February 2025)
The court found that the applicant was not privy to the default of their advocate, who failed to file the notice of appeal within the prescribed time despite clear instructions. The applicant relied on the advocate's assurance and acted promptly upon discovering the omission by instructing new counsel and filing the application for extension of time. The court held that the mistake of counsel should not be visited on the applicant, and there was no evidence of dilatory conduct or negligence on the applicant's part. The intended appeal was not shown to be frivolous or a sham. Therefore, the ap…
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Isingoma v Balinda and Another (CIVIL APPEAL NO.0052 OF 2023) [2025] UGHC 232 (3 February 2025)
The High Court set aside a magistrate’s judgment over disputed land ownership, finding the land’s location was not properly ascertained and ordering a retrial.
Ainebyona Tindikahwa v Tulinawe (CIVIL APPEAL NO.34 OF 2021) [2025] UGHC 235 (3 February 2025)
The High Court dismissed a civil appeal over alleged conversion of a power saw, but held the respondent should not have participated after failing to file a defence in time.
Mugalaasi Holdings Limited v Kampala Capital City Authority & Another (Civil Suit 202 of 2020) [2025] UGCommC 8 (31 January 2025)
The High Court held NWSC liable for negligent excavation that damaged Mugalaasi Holdings’ building, but dismissed the claim against KCCA and reduced damages because the building was already dilapidated.
Kibale District Local Council v Katongole (MISC. APPLICATION NO. 058 OF 2024) [2025] UGHC 237 (31 January 2025)
The application was dismissed for non-service upon the respondent, as required by the Civil Procedure Rules. The court found that no application should be made without notice to the affected party, and timelines for service are stipulated by law. The absence of an affidavit of service and failure to serve the respondent rendered the application fatally defective. Additionally, the court set aside the garnishee nisi order, recognizing that the attached funds were intended for district groups under a government program and not for satisfaction of the respondent's decree. The court held that exe…
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Asiimwe v Moil (U) Limited (Miscellaneous Application 577 of 2024) [2025] UGCommC 32 (31 January 2025)
The court dismissed an application to set aside a default judgment, finding effective service by WhatsApp and email, no good cause, and non-compliance with a stay order.
Nantongo v Mutebi (Miscellaneous Application 224 of 2024) [2025] UGHC 60 (31 January 2025)
The court found that the powers of attorney in question were duly registered with the Uganda Registration Services Bureau, and the applicant failed to provide evidence that the respondent was not the donor of the powers of attorney. The court held that the intention of the applicant was to challenge the authenticity of the documentation attached by the respondent, but such a challenge requires clear and strong reasons, not mere suspicion or discrepancies in names. The court emphasized that the purpose of powers of attorney is to allow representation without requiring the donor's personal appe…
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Masiko v Magara and 4 Others (Civil Appeal 39 of 2024) [2025] UGHC 87 (31 January 2025)
The High Court at Hoima dismissed a civil appeal, upheld the competence of a late-filed memorandum by excluding time spent preparing the record, and confirmed the bill of costs proceedings.
