Uganda Case Law

Olanya & Another v Ladur & Another

Olanya & Another v Ladur & Another (Miscellaneous Application 134 of 2024) [2025] UGHC 128 (20 February 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 134 of 2024

Judge

Phillip Odoki, J

The court found that the applicants were aware of the certificate of title during the trial but chose not to plead or produce it, and the lower court did not refuse to admit it. The appellate court does not require the certificate of title to determine the grounds of appeal, which concern customary land and not registered land. The certificate of title introduces a new cause of action not before the trial court and is irrelevant to the current appeal. The applicants' claim that the trial magistrate lost jurisdiction or that the judgment affected third parties' property interests is without le…

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• Adducing Additional Evidence
• Appellate Procedure
• Customary Land
• Freehold Title
• Jurisdiction On Appeal

Asaba v Kibirige

Asaba v Kibirige (Civil Revision 8 of 2024) [2025] UGHC 161 (20 February 2025)

Court

High Court of Uganda

Case number

Civil Revision 8 of 2024

Judge

Karemani Jamson K, J

The High Court revised and set aside an LCIII decision, holding that the sub-county court had acted without jurisdiction by entertaining the matter as a first-instance case.

• Local Council Court Jurisdiction
• Revision Of Judgment
• Land Disputes
• Appellate Procedure
• Local-council-court-jurisdiction
• Civil-revision

Obote v Odora

Obote v Odora (Miscellaneous Application 66 of 2024) [2024] UGHC 1112 (27 December 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 66 of 2024

Judge

Philip W Mwaka

The Court found that the draft amended memorandum of appeal introduced only one new ground (regarding the locus in quo) and otherwise rephrased the existing grounds more concisely. Applying the principles from SCCA No. 4/1994, the Court held that allowing the amendment would not cause injustice or prejudice to the Respondent, would aid in resolving the issues in controversy, and would not result in multiplicity of proceedings or malafides. The Court noted that the Respondent would have full opportunity to respond to the amended grounds at the hearing. The application was therefore granted, an…

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• Amendment Of Pleadings
• Leave To Amend Memorandum Of Appeal
• Appellate Procedure

Latim v Lajul

Latim v Lajul (Miscellaneous Application 247 of 2022) [2024] UGHC 255 (2 May 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 247 of 2022

Judge

Phillip Odoki, J

The High Court dismissed an application to adduce additional evidence on appeal, holding the applicant had not shown the documents were unavailable with reasonable diligence at trial.

• Admission Of Additional Evidence
• Appellate Procedure
• Public Land Ownership
• Certification Of Documents
• Admission-of-additional-evidence
• Appellate-procedure

Olanya & Another v Ladur & Another

Olanya & Another v Ladur & Another (Miscellaneous Application 134 of 2024) [2024] UGHC 1195 (20 February 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 134 of 2024

Judge

Phillip Odoki, J

The High Court in Gulu dismissed an application to adduce additional evidence on appeal, holding that the applicants had deliberately withheld the title deed and that it was not needed to decide the appeal.

• Admission Of Additional Evidence
• Appellate Procedure
• Customary Land Disputes
• Jurisdiction Of Trial Court
• Additional-evidence-on-appeal
• Civil-appeals

Olanya and Another v Ladur and Another

Olanya and Another v Ladur and Another (Miscellaneous Application 134 of 2024) [2024] UGHC 1201 (20 February 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 134 of 2024

Judge

Phillip Odoki, J

The High Court at Gulu dismissed an application to adduce a certificate of title as additional evidence on appeal, finding the evidence was within the applicants’ knowledge and irrelevant to the customary-land dispute.

• Adduction Of Additional Evidence
• Appellate Procedure
• Customary Land Disputes
• Certificate Of Title
• Jurisdiction Of Trial Court
• Additional-evidence

Luvule Ronald v Kisirivu Richard (Revision Cause 24 of 2023)

Luvule Ronald v Kisirivu Richard (Revision Cause 24 of 2023) [2024] UGHCLD 38 (15 February 2024)

Court

HC: Land Division (Uganda)

Case number

Revision Cause 24 of 2023

Judge

Naluzze Aisha Batala, J

The High Court found that the Local Council III Court of Katabi Town Council lacked original jurisdiction to hear the land dispute as a court of first instance. The Local Council Courts Act and its regulations require that all civil suits, including those relating to land, be filed initially in the Village Local Council Court. The LC III Court's exercise of original jurisdiction was therefore a material irregularity, rendering its decision and orders a nullity. The court further held that the existence of a certificate of title under the Registration of Titles Act conferred conclusive ownersh…

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• Local Council Court Jurisdiction
• Land Title Registration
• Customary Land Disputes
• Appellate Procedure

D'ujanga v Babirye and 2 Others

D'ujanga v Babirye and 2 Others (Miscellaneous Application No. 1011 of 2022) [2023] UGHCLD 68 (20 March 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 1011 of 2022

Judge

Nkonge, J

The High Court dismissed an application for stay of execution because the orders had already been executed, making the request moot. Costs were awarded to the respondents.

• Stay Of Execution
• Appellate Procedure
• Costs Award
• Land Disputes
• Stay-of-execution
• Overtaken-by-events

Sserunkuma v Uganda

Sserunkuma v Uganda (Criminal Appeal 9 of 2019) [2023] UGHCCRD 79 (14 March 2023)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Appeal 9 of 2019

Judge

Elubu, J

The High Court ordered a retrial after the lower court record was irretrievably lost, finding the missing record prevented a fair appeal on conviction and sentence.

• Missing Trial Record
• Retrial Order
• Appellate Procedure
• Defilement Offence
• Missing-trial-record
• Retrial-order

Zziimwe Enterproses Hardwares and Construction Limited v Attorney General

Zziimwe Enterproses Hardwares and Construction Limited v Attorney General (Civil Application No. 353 of 2020) [2023] UGCA 60 (9 February 2023)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 353 of 2020

Judge

Monica K. Mugenyi, JA, Madrama, JA, Mulyagonja, JA

The Court of Appeal held that the applicant failed to meet the stringent requirements for admission of additional evidence on appeal under Rule 30(1)(b) of the Court of Appeal Rules. The majority of the letters sought to be adduced were either already within the applicant's knowledge or could have been obtained with reasonable diligence prior to the trial. The evidence was not new, nor was it shown to be of such importance or relevance as to influence the outcome of the appeal. Furthermore, the application was filed more than two years after the trial court's judgment, constituting inordinate…

Source excerpt

• Admission Of Additional Evidence
• Appellate Procedure
• Contract Termination
• Detinue
• Compensatory Damages