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Uganda decisions
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Owembabazi v Guarantee Trust Bank Limited and Others (Civil Suit 63 of 2019) [2021] UGCommC 139 (22 April 2021)
The High Court dismissed a land claim over a kibanja, finding no proven lawful kibanja ownership, no actual occupation, and no basis to upset the mortgage or execution.
Owembabazi Enid v Guaranty Trust Bank Limited and 2 Others (Civil Suit No. 63 of 2019) [2021] UGHCCD 88 (22 April 2021)
The court held the plaintiff failed to prove a lawful kibanja interest or actual occupation, upheld the mortgage, and dismissed the suit with costs.
Akot v Okwonga (Civil Appeal No. 35 of 2019) [2020] UGHC 94 (22 May 2020)
The appeal court found that the trial Magistrate did not err in recording evidence from witnesses at the locus in quo, as the evidence was essential for a just decision and not merely to fill gaps in either party's case. Fraud was neither pleaded nor proved by the respondent, and thus the appellant's title could not be impeached on that ground. However, the respondent established an overriding interest in the land by virtue of actual occupation and proprietary interest, as evidenced by long-term residence and burials on the land. The appellant acquired title with actual notice of the responde…
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