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Uganda decisions
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Senyonga v Tumuhiirwe and 4 Others (Civil Appeal 18 of 2018) [2025] UGCA 103 (14 April 2025)
The Court of Appeal dismissed a second appeal in a family land dispute, upheld findings that the land formed part of the estate, and rejected a limitation defence.
Cargo Solutions Limited v Kyabaggu (Civil Appeal 34 of 2023) [2024] UGCommC 361 (8 November 2024)
The High Court found that the trial magistrate erred in relying on a WhatsApp conversation (PIDI) that was only marked for identification and not admitted as evidence. However, this error did not result in a miscarriage of justice because, even without PIDI, the admitted documents (PEXH1, PEXH2, PEXH3) and the testimonies established that the appellant breached its contractual duty by failing to communicate the arrival and subsequent auctioning of the respondent's goods. The evidence showed that the appellant accepted part payment, shipped the goods, and failed to notify the respondent when t…
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Maria Specioza v Nambi and Another (Civil Appeal 44 of 2017) [2024] UGHCLD 57 (6 March 2024)
The appellant purchased and occupied a house on the disputed land from 1997, maintaining effective physical control and possession for over 12 years without challenge from the registered owners. Although she did not qualify as a lawful or bona fide occupant under the Land Act, her long, exclusive, and undisturbed occupation meets the requirements for adverse possession under Ugandan law. Both oral testimony and documentary evidence, together with survey reports, established that the appellant's developments are on Plots 843 and 844, not Plot 131 as initially described. The law of adverse poss…
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Byamugisha v Kebirungi (HCT-01-CV-CA 2 of 2022) [2023] UGHC 135 (30 November 2023)
The High Court found that the trial magistrate erred by relying on a valuation report that was not formally admitted as evidence, rendering the award of shs 1,837,500/= for special damages unsupported and erroneous. However, the evidence from the respondent and her witnesses established, on a balance of probabilities, that the appellant's cow did trespass and cause damage to the respondent's crops. The appellant's defense was found to lack merit. The court exercised its discretion to award general damages of shs 800,000/=, considering the absence of cogent proof of total crop destruction and…
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Tomusange v Uganda (Criminal Appeal 32 of 2023) [2023] UGHC 405 (8 August 2023)
The High Court found that the appellant honestly believed himself to be the owner of the eucalyptus trees and the land, supported by prior litigation and documentary evidence, which the trial magistrate improperly refused to admit as exhibits. The court held that the appellant's honest claim of right negated the mens rea required for the offences of theft and malicious damage to property. The trial magistrate's failure to consider the appellant's defence and relevant documents constituted a misdirection and a breach of fair hearing. Consequently, the conviction was quashed and the sentence se…
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Tayebwa v Uganda (Criminal Appeal 3 of 2023) [2023] UGHCACD 5 (15 June 2023)
The High Court partly allowed the appeal, quashing the forgery conviction but upholding convictions for causing financial loss and abuse of office, together with sentence and compensation orders.
Etoma v Uganda (Criminal Appeal No. 404 of 2016) [2023] UGCA 116 (29 March 2023)
The Court of Appeal held that the trial judge was correct in relying on the medical report, which was admitted by consent under a memorandum of agreed facts, to establish the element of grievous harm required for aggravated robbery. The definition of grievous harm under the Penal Code Act is broad and not limited to permanent injury; the injuries described in the medical report, including a deep cut and blunt injury with potential for internal organ damage, satisfied this requirement. The court declined to follow the foreign authority cited by the appellant, finding the Ugandan statutory defi…
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Gakou Brothers Enterprises Limited v Uganda Revenue Authority (Civil Appeal 55 of 2021) [2023] UGCommC 155 (24 March 2023)
The High Court upheld tax assessments against Gakou Brothers Enterprises Limited, finding the taxpayer failed to prove the assessments were excessive and the Commissioner’s 24% mark-up was justified.
Male Henry v Muhigirwa and Another (Civil Appeal No. 99 of 2020) [2022] UGHCLD 202 (13 October 2022)
The High Court allowed a land appeal, set aside the magistrate’s judgment, upheld the appellant’s kibanja ownership, and found he was not a trespasser.
Tumuheirwe v Muhwezi Jim Katugugu and Another (Election Appeal 71 of 2021) [2022] UGCA 341 (14 May 2022)
The Court of Appeal dismissed an election appeal challenging the Rujumbura parliamentary result, upholding findings on bribery allegations, election offences, and evidence admissibility.
