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Uganda decisions
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Kabagesera v Kabatooro (HCT-01-CV-CS-LD 6 of 2021) [2025] UGHC 134 (28 February 2025)
The High Court at Fort Portal dismissed a civil suit for want of prosecution after repeated failure to comply with scheduling directions and attend court.
Opiyo v Uganda (Criminal Appeal 573 of 2015) [2025] UGCA 58 (27 February 2025)
The trial judge failed to comply with Article 23(8) of the Constitution by not ascertaining and deducting the period spent on remand before passing sentence. This rendered the sentence unlawful. The appellate court set aside the sentence and, considering mitigating factors such as the appellant's plea of guilty, remorsefulness, youth, and likelihood of reform, as well as the gravity of the offence, imposed a new sentence of 18 years' imprisonment, deducting the 1-year remand period to yield a final sentence of 17 years' imprisonment to run from the date of conviction.
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Uganda v Kibuuka (Criminal Session Case 72 of 2022) [2025] UGHC 121 (27 February 2025)
The court found that the prosecution proved beyond reasonable doubt all elements of the offence of murder. The deceased died from organophosphate poisoning administered through a waragi drink provided by the accused. The accused's conduct—pouring out the remaining drink, leaving the scene, locking himself in his wife's house, and preparing to flee—was inconsistent with innocence. The motive was established by the accused's prior elopement with the deceased's wife. The medical evidence, eyewitness testimony, and circumstantial facts all pointed irresistibly to the accused as the perpetrator. T…
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Adman Source & Contacts Limited v National Water & Sewerage Corporation (Civil Suit 278 of 2020) [2025] UGHCCD 31 (27 February 2025)
The court found that the plaintiff was in lawful possession of the land at Block 216 Plot 2597 under a subsisting agreement and had erected a billboard with the landlord’s permission. The defendant, acting under a mistaken belief regarding land ownership, removed the plaintiff’s billboard without prior and adequate compensation. The court held that such removal constituted unlawful compulsory acquisition in violation of Article 26(2) of the Constitution and amounted to trespass. However, the plaintiff failed to strictly prove the claimed special damages for the value of the billboard and lost…
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C & S Upholstery Limited v Bank of Uganda (Civil Suit 407 of 2020) [2025] UGHCCD 32 (27 February 2025)
The High Court held that Bank of Uganda breached its statutory duty of fairness and transparency in procurement and awarded C&S Upholstery Limited UGX 200 million in general damages.
Butamanya v Ntungamo Municipal Council & 3 Others (Miscellaneous Application 562 of 2023) [2025] UGHC 75 (27 February 2025)
The court held that the applicant's failure to attach the intended amended plaint was a procedural irregularity but not a fatal defect, as it is a rule of practice rather than law. The application was made before trial, and the amendment sought to address substantive issues central to the dispute. The respondents would have an opportunity to respond, and any prejudice could be compensated by costs. The court exercised its discretion to allow the amendment in the interests of justice, enabling determination of the real questions in controversy and avoiding undue technicalities. The applicant w…
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Oyoo v Uganda (Criminal Appeal 576 of 2015) [2025] UGCA 57 (27 February 2025)
The Court of Appeal set aside a 35-year sentence for aggravated defilement after finding the trial judge failed to consider pre-trial remand time.
Mbbale and 59 Others v Makerere University (Labour Dispute Miscellaneous Application 48 of 2024) [2025] UGIC 20 (27 February 2025)
The court found that while the Respondent failed to repatriate the Applicants as ordered, it had complied with the monetary aspects of the decree and demonstrated willingness to comply with the repatriation order upon receipt of necessary particulars. The Respondent's explanation—that it awaited repatriation details and that its records had been destroyed in a fire—was accepted as just cause for non-compliance. The Applicants did not provide sufficient evidence of self-repatriation expenses or persistent, obstinate defiance by the Respondent. The court held that the threshold for contempt was…
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Musinguzi & Another v Centenary Rural Development Bank Limited (Civil Suit 20 of 2021) [2025] UGHC 76 (27 February 2025)
The High Court entered judgment on a bank’s counterclaim after finding the borrowers defaulted on a secured loan. No interest was awarded, but costs were.
Patrick Bitature & Another v Muhairwe & Another T/A Agaba Muhairwe & Co. Advocates (Miscellaneous Application 1314 of 2024) [2025] UGCommC 30 (27 February 2025)
The Court found that Clause 7 of the Agreement provides for both arbitration and court litigation as dispute resolution mechanisms, but the proper interpretation, guided by principles of contract interpretation and commercial sense, is that arbitration takes precedence unless the arbitration agreement is null and void, inoperative, or incapable of being performed. There was no evidence that the arbitration agreement was unenforceable. The Court held that party autonomy in arbitration must be respected and that the dispute in Civil Suit No. 0544 of 2020 falls within the scope of the arbitratio…
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