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Uganda decisions
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Warid Telecom Uganda Limited & Another v Isingoma (Civil Appeal 33 of 2022) [2024] UGHC 1093 (28 November 2024)
The High Court set aside an ex parte trial judgment as a nullity after finding the court relied on a witness statement that was never formally tendered as evidence.
Mwesige v Kiiza (Civil Appeal 7 of 2022) [2024] UGHC 850 (29 August 2024)
The High Court allowed a civil appeal, set aside a judgment on admission, and ordered a retrial after finding no proof of service before ex parte hearing.
Ssebinyonyi v Uganda (Criminal Appeal 270 of 2016) [2023] UGCA 222 (17 August 2023)
The Court of Appeal found that the trial record did not show the assessors were sworn in at the commencement of the trial, as required by Section 67 of the Trial on Indictments Act. The assessors were also absent during the testimony of key witnesses, yet participated in giving an opinion. The Supreme Court precedent in Alenyo Marks v Uganda established that failure to swear in assessors is a fatal irregularity, rendering the proceedings a nullity. The participation and role of assessors in criminal trials is vital and goes to the legality of the trial. The appellate court, therefore, held th…
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Sserunkuma v Uganda (Criminal Appeal 9 of 2019) [2023] UGHCCRD 79 (14 March 2023)
The High Court ordered a retrial after the lower court record was irretrievably lost, finding the missing record prevented a fair appeal on conviction and sentence.
Sserunkuma v Uganda (Criminal Appeal 9 of 2019) [2023] UGHCCRD 62 (14 March 2023)
High Court ordered a retrial after the lower court record in a criminal appeal was irretrievably lost, finding the appellant would be prejudiced without it.
Mukodha v Nairubi (HCT-00-LD-CA-0014-2013) [2014] UGHCLD 63 (3 October 2014)
The High Court allowed a land appeal, set aside the trial judgment, and ordered a retrial after finding the record inadequate and fair-trial defects.
Bageya & 2 Ors v Ochieng (Civil Appeal No. 130 of 2009) [2014] UGHCCD 86 (25 June 2014)
The High Court allowed a civil appeal, holding the trial magistrate should not have struck out the defence for lack of fraud particulars without hearing the case.
Mrs Betty Kibwota v Oloya Joel & oers. (Civil Suit No.74 Of 2003) (Civil Suit No.74 of 2003) [2009] UGHC 32 (29 January 2009)
The High Court could not decide the appeal because the original trial record and exhibits were missing, so it ordered a retrial and preserved the land status quo.
Ntundubeire & Ors v Murema & Ors (H.C.C.M.A NO. 59/99) [2004] UGHC 73 (11 February 2004)
The High Court allowed revision, held that the lower court failed to address ownership of disputed land, and ordered a retrial with costs to follow the outcome.
Muholi v Wanyonyi (Civil Appeal 5 of 1990) [1991] UGHC 40 (25 January 1991)
The purported appeal to the High Court was incompetent as leave to appeal had neither been sought nor granted, contrary to Section 232(1)(c) of the Magistrates Courts Act, 1970. However, the proceedings in the lower courts were marred by procedural irregularities, including improper service, hearing dates confusion, and an excessive and unlawful award of costs and special damages. The High Court, invoking its inherent powers under Section 101 of the Civil Procedure Act and guided by precedent, determined that it must intervene to prevent substantial injustice and abuse of process. Accordingly…
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