Common Law applies in Uganda as a result of Section 14 of the Judicature Act

Section 14(4) of the Judicature Act provides that Subject to subsection (2), in every cause or matter before the High Court, the rules of equity and the rules of common law shall be administered concurrently; and if there is a conflict or variance between the rules of equity and the rules of common law with reference to the same subject, the rules of equity shall prevail. As a result of this provision, Common law principles such as stare decisis or principle of precedents and the common law remedy of damages apply in Uganda, amongst many others. The common law applies in Uganda provided that it doesn’t conflict with written law. See CMA CGM Uganda Ltd v H Ssekatawa International Ltd (Civil Appeal 27 of 2013) and Ababiri Muhamood & Four Ors V Mukomba Anastansia & Another (Civil Suit No. 22 of 2015).

Furthermore, Section 11 (3) of the Magistrates Courts Act provides that if in any cause or matter there is a conflict or variance between the rules of equity and the rules of common law with reference to the same subject, the rules of equity shall prevail. This section clearly allows the Magistrates Courts to apply Common law and equity..

Therefore, common law is part of the law of Uganda that can be used to determine the rights and responsibilities of Ugandans.

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