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27 Jul 2023

Land And Property [2023] UGSC 28

Sekyanzi v Prof . Wavamuno

Sekyanzi v Prof . Wavamuno (Miscellaneous Application 37 of 2020) [2023] UGSC 28 (27 July 2023)

Court: Supreme Court of Uganda
Case number: Miscellaneous Application 37 of 2020
Judge: Tibatemwa-Ekirikubinza, JSC, Mike Chibita, JSC, Mwondha, JSC, Elizabeth Musoke, JSC, Tuhaise, JSC

The Supreme Court determined that the applicant's intended appeal raises a substantial question regarding the interpretation of bonafide occupancy under Ugandan law, specifically whether a person who inherited land from a predecessor who died before the 1995 Constitution qualifies as a bonafide occupant. The court found that this issue is of sufficient general and public importance, as its resolution could affect a significant number of Ugandans with similar inheritance claims. The court emphasized its discretionary power to grant leave in order to do justice, noting that it is not limited to…

Source excerpt

Bonafide Occupancy
Inheritance Of Land
Appeal Certification
Land Tenure Under Constitution

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23 Oct 2020

Land And Property [2020] UGCA 2146

Sekyanzi Sempijja v Prof Wavamunno

Sekyanzi Sempijja v Prof Wavamunno (Miscellaneous Application 111 of 2020) [2020] UGCA 2146 (23 October 2020)

Court: Court of Appeal of Uganda
Case number: Miscellaneous Application 111 of 2020
Judge: Kakuru, JA, Kiryabwire, JA, Madrama Izama, JA

The Court found that the applicant failed to demonstrate that the intended appeal raises a question of law of great public or general importance. The definition of bona fide occupant under section 29(2)(a) of the Land Act requires occupation and utilisation of land unchallenged for at least 12 years prior to the coming into force of the 1995 Constitution. The applicant's occupation was only for 10 years, and there was no evidence establishing the duration of his father's occupation. The law does not provide for inheritance of occupancy under section 29(2)(a) unless the predecessor's qualifica…