Uganda Case Law

Ms Buhuka Communal Land Association v Abdul Karim

Ms Buhuka Communal Land Association v Abdul Karim (Miscellaneous Application 123 of 2023) [2025] UGHC 91 (17 January 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 123 of 2023

Judge

Byaruhanga Rugyema, J

The court found that the affidavit in reply filed by the respondent was out of time and struck it out for failure to seek leave of court. On the issue of res judicata, the court held that the applicant was not a party to the original suit and thus its rights were not finally decided, making the application not barred by res judicata. Regarding the merits, the court determined that the applicant had presented sufficient cause for review, as it was not aware of the original suit and was unable to present material evidence regarding its interest in the land. The respondent's concealment of the a…

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• Review Of Judgment
• Res Judicata
• Communal Land Rights
• Cancellation Of Title
• Joinder Of Parties

Nyambubi v Bigirwenkya

Nyambubi v Bigirwenkya (Civil Appeal 22 of 2023) [2025] UGHC 85 (17 January 2025)

Court

High Court of Uganda

Case number

Civil Appeal 22 of 2023

Judge

Byaruhanga Rugyema, J

The appellate court found that the respondent/plaintiff established better possessory rights over the suit land through inheritance and first occupation, as confirmed by evidence at locus and the consent judgment of 2013, which settled the boundaries among the families. The appellant/defendant's acts of planting acacia trees and clearing the land in 2020 constituted trespass, as they were unauthorized and in defiance of the consent judgment. The respondent/plaintiff did not depart from his pleadings regarding the size of the disputed land, and any reference to 1.5 acres was a judicial error t…

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• Land Ownership Dispute
• Trespass To Land
• Possessory Title
• Limitation Periods

Byarufu v Bikara and Another

Byarufu v Bikara and Another (Civil Appeal 93 of 2022) [2025] UGHC 105 (17 January 2025)

Court

High Court of Uganda

Case number

Civil Appeal 93 of 2022

Judge

Byaruhanga Rugyema, J

The High Court dismissed a land appeal, upholding findings that the respondents owned the disputed land and that the appellant’s claims amounted to trespass.

• Land Ownership Disputes
• Inheritance Of Land
• Trespass To Land
• Evaluation Of Evidence
• Land-ownership-disputes
• Trespass-to-land

Matanda v Masibo

Matanda v Masibo (Civil Revision 15 of 2023) [2025] UGHC 9 (17 January 2025)

Court

High Court of Uganda

Case number

Civil Revision 15 of 2023

Judge

Lubega, J

The absence of an affidavit of service on the trial court record rendered it impossible for the court to conclude that the applicant was properly served with summons. The trial magistrate acted with material irregularity by allowing the respondent to proceed ex-parte and entering judgment without proof of service, thereby violating the applicant's right to a fair hearing. The High Court found that the requirements for revision under Section 83(c) of the Civil Procedure Act were satisfied, as the lower court exercised its jurisdiction with material irregularity and injustice. Consequently, the…

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• Ex Parte Judgment
• Service Of Summons
• Revision Jurisdiction
• Fair Hearing
• Setting Aside Decree

Uganda Law Society & Another v Tumukunde & Another

Uganda Law Society & Another v Tumukunde & Another (Miscellaneous Application 1178 of 2024) [2025] UGHCCD 3 (17 January 2025)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 1178 of 2024

Judge

Nambayo, J

The High Court dismissed an application to join the Attorney General, holding it was filed before the applicants had entered appearance in the main judicial review case.

• Joinder Of Parties
• Judicial Review Procedure
• Locus Standi
• Natural Justice
• Joinder-of-parties
• Judicial-review

Akello & Others v Egole & 7 Others

Akello & Others v Egole & 7 Others (Miscellaneous Application 105 of 2024) [2025] UGHC 12 (17 January 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 105 of 2024

Judge

Okello, J

The court held that the omission of the Attorney General, a party to the consent order sought to be reviewed and set aside, was fatal to the application. Proceeding in the absence of the Attorney General would violate the right to a fair hearing as protected by the Constitution. Even if the application were considered on its merits, the applicant failed to demonstrate that she or her colleagues were aggrieved by the consent order, as there was no evidence that the addition of the respondents as plaintiffs deprived them of their entitlements under the decree. The applicant also failed to prove…

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• Review Of Court Orders
• Consent Judgments
• Representative Actions
• Aggrieved Persons
• Fair Hearing
• Setting Aside Orders

Ms Buhuka Communal Land Association v Abdul Karim

Ms Buhuka Communal Land Association v Abdul Karim (Miscellaneous Application 123 of 2023) [2025] UGHC 92 (17 January 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 123 of 2023

Judge

Byaruhanga Rugyema, J

The court found that the respondent's affidavit in reply was filed out of time without leave and was therefore struck out. The application was not barred by res judicata because the applicant was not a party to the original suit and its interests were not adjudicated. The applicant demonstrated sufficient cause for review, as it was not aware of the original proceedings and was unable to present material evidence regarding its interest in the land. The respondent, being a member of the applicant association, ought to have included the applicant in the original suit. The exclusion of the appli…

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• Review Of Judgment
• Res Judicata
• Communal Land Rights
• Cancellation Of Title
• Joinder Of Parties

Nyakana Birungi v Birungi and Another

Nyakana Birungi v Birungi and Another (Miscellaneous Application 82 of 2024) [2025] UGHC 96 (17 January 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 82 of 2024

Judge

Byaruhanga Rugyema, J

The court found that the Applicant had provided a plausible explanation for her delay in replying to the counterclaim, namely the difficulty in retrieving old documents from multiple residences. The intended amendment and extension of time were sought before the hearing of the main suit, and the Respondents would not suffer injustice as they would have the opportunity to respond. The court held that the defence of limitation is a legal right and does not constitute a new cause of action. The failure of the 1st Respondent to file an affidavit in reply was deemed as non-opposition to the applic…

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• Amendment Of Pleadings
• Extension Of Time
• Counterclaim Defence
• Limitation Of Actions

Hofokam Limited v Tibagwa (suing throgh her lawful attorney kusiima)

Hofokam Limited v Tibagwa (suing throgh her lawful attorney kusiima) (Miscellaneous Application 102 of 2024) [2025] UGHC 93 (17 January 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 102 of 2024

Judge

Byaruhanga Rugyema, J

The High Court at Hoima dismissed Hofokam Ltd’s preliminary objections, finding the plaint disclosed a cause of action, was not res judicata, and was not time-barred.

• Fraudulent Acquisition Of Title
• Equitable Interest In Land
• Res Judicata
• Statute Of Limitations
• Cause Of Action
• Permanent Injunction

Attorney General & Another v Byaruhanga & 2499 Others (Consolidated Appeals No. 246 & 375 of 2021)

Attorney General & Another v Byaruhanga & 2499 Others (Consolidated Appeals No. 246 & 375 of 2021) [2025] UGCA 19 (16 January 2025)

Court

Court of Appeal of Uganda

Case number

Consolidated Appeals No. 246 & 375 of 2021

Judge

Egonda-Ntende, JA, Kibeedi Mutangula, JA, Gashirabake, JA

The Court of Appeal found that the respondents were not encroachers but had been lawfully allocated the suit land by presidential directive and had acquired title by adverse possession after 19 years of unchallenged occupation. The appellants failed to rebut the respondents' evidence or provide contrary documentation. The technical assessment and valuation report by PW4, though not prepared by a registered valuation surveyor, was admissible as expert evidence due to his specialized knowledge and experience as District Agricultural Officer. The respondents' claim for special damages was suffic…

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• Wrongful Eviction
• Adverse Possession
• Compensation For Land
• Damages Assessment
• Expert Evidence
• Limitation Of Actions