Uganda Case Law

Kumi Vocational Institute v Okodel t/a star light secondary school and 2 Others

Kumi Vocational Institute v Okodel t/a star light secondary school and 2 Others (Civil Appeal 80 of 2023) [2024] UGHC 130 (21 March 2024)

Court

High Court of Uganda

Case number

Civil Appeal 80 of 2023

Judge

Adonyo, J

The High Court found that at the time of the purported allocation of the suit land to the appellant by Nyero Sub-county in November 1998, the legal regime had shifted due to the commencement of the Land Act, 1998, which vested allocation powers for public land in the District Land Board. The appellant failed to adduce cogent evidence that Nyero Sub-county owned the land or that the parish chiefs had validly donated it to the sub-county. The allocation by Nyero Sub-county was therefore irregular and void ab initio, as it was not the proper authority under the law. The subsequent actions of the…

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• Allocation Of Public Land
• Powers Of Local Government
• District Land Board Authority
• Trespass To Land
• Burden Of Proof
• Costs Award

Eilor and Another v Soroti Distict Local Government and 2 Others

Eilor and Another v Soroti Distict Local Government and 2 Others (Civil Suit 2 of 2014) [2024] UGHC 341 (31 January 2024)

Court

High Court of Uganda

Case number

Civil Suit 2 of 2014

Judge

Adonyo, J

The High Court held that retired former employees were not sitting tenants entitled to priority purchase, dismissed the fraud claim, and ordered vacation of the premises.

• Allocation Of Public Land
• Sitting Tenant Priority
• Fraudulent Registration
• Divestiture Of Public Assets
• Land-and-property
• Fraudulent-registration

Surgipharm (U) Limited v Uganda Investment Authourity and Another

Surgipharm (U) Limited v Uganda Investment Authourity and Another (Miscellaneous Cause No. 65 of 2021) [2022] UGHCCD 89 (13 May 2022)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 65 of 2021

Judge

Boniface Wamala, J

The High Court partly allowed judicial review, quashed the cancellation of Surgipharm’s lease extension for procedural impropriety, and awarded UGX 180 million.

• Judicial Review
• Procedural Impropriety
• Fair Hearing
• Lease Termination
• Allocation Of Public Land
• Judicial-review

Bahemuka and 6 Others v Berochan

Bahemuka and 6 Others v Berochan (Civil Appeal No. 23 of 2019) [2021] UGHCCD 100 (17 May 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal No. 23 of 2019

Judge

Byaruhanga Rugyema, J

The appellate court found that while there were minor inconsistencies in the respondent's evidence regarding the size and period of occupation of the suit land, these did not amount to a departure from her pleadings or deliberate untruthfulness. The core issue was ownership, and the evidence established that both parties identified and occupied land in Kyangwali with the help of the L.C1 chairman. However, the trial magistrate failed to visit locus in quo, which was necessary to ascertain the actual boundaries and description of the land in dispute. The absence of a locus visit rendered the t…

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• Land Ownership Disputes
• Allocation Of Public Land
• Locus In Quo Requirements
• Evidence Evaluation
• Trespass
• Burden Of Proof

Kampala Disabled Traders Business Association Co Ltd v Kampala District Union of People With Disability Co. Ltd and KCCA

Kampala Disabled Traders Business Association Co Ltd v Kampala District Union of People With Disability Co. Ltd and KCCA (Miscellaneous Application No. 1250 of 2019) [2020] UGHCLD 96 (16 December 2020)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 1250 of 2019

Judges

Zeija, PJ

The court found that the applicant, though not a party to the original suit, was entitled to seek review under Order 46 rule 1(2) CPR because the grounds of appeal in the Court of Appeal were not common to those raised in the review application. The central error identified was the allocation of the suit land to the 1st respondent before its legal existence, which constituted an error apparent on the face of the record. The court determined that the issue of ownership had not been properly addressed in the original proceedings and that the applicant had provided sufficient evidence of its pri…

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• Review Of Judgment
• Joinder Of Parties
• Error Apparent On Record
• Ownership Of Leasehold
• Allocation Of Public Land

Kampala Disabled Traders Business Association Co. Limited vs Kampala District Union of People with Disabilities Company Limited and Another

Kampala Disabled Traders Business Association Co. Limited vs Kampala District Union of People with Disabilities Company Limited and Another (Miscellaneous Civil Application No. 1250 of 2019) [2020] UGHCLD 98 (16 December 2020)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Civil Application No. 1250 of 2019

Judges

Zeija, PJ

The High Court set aside its earlier judgment, found an apparent error over land allocation and ordered the applicant joined so ownership could be tried afresh.

• Review Of Judgment
• Joinder Of Parties
• Error Apparent On Record
• Ownership Of Leasehold
• Allocation Of Public Land
• Review-of-judgment

Buyanja Growers Co-operative Society Limited v Buyanja Sub-County Council

Buyanja Growers Co-operative Society Limited v Buyanja Sub-County Council (Civil Appeal 22 of 2013) [2016] UGHC 3 (10 May 2016)

Court

High Court of Uganda

Case number

Civil Appeal 22 of 2013

Judge

Elubu, J

The High Court dismissed an appeal over ownership of land at Buyanja Trading Centre, holding that the appellant proved no allocation or title and failed to show trespass.

• Ownership Dispute
• Burden Of Proof
• Allocation Of Public Land
• Trespass
• Evidence Requirements
• Land-ownership

Manyindo v Kabigabwa (HC CV CA No. 0026 of 2009)

Manyindo v Kabigabwa (HC CV CA No. 0026 of 2009) [2012] UGHC 442 (18 May 2012)

Court

High Court of Uganda

Case number

HC CV CA No. 0026 of 2009

Judge

Chibita, J

The High Court dismissed an appeal over two acres of disputed land, holding the appellant had not titled the land and the respondent’s allocation stood.

• Allocation Of Public Land
• Title And Certification
• Trespass
• Limitation Periods
• Land-dispute
• Civil-appeal