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Uganda decisions
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Nalugwa & Ors v Hajati Namuleme (Civil Suit No. 121 of 2010) [2014] UGHCLD 71 (6 August 2014)
The High Court held that the agreement covered only the retained family home and graveyard portion of the Kibanja, not the whole original holding.
Ssebina Joseph and Others v Uganda (Criminal Case No. 0488 of 2003) (Criminal Case No. 0488 of 2003) [2006] UGHC 21 (7 June 2006)
The High Court found that the trial magistrate committed serious errors in law and fact by shifting the burden of proof of ownership onto the accused and failing to evaluate the defence evidence. The prosecution did not prove beyond reasonable doubt the elements of criminal trespass under Section 302(b) of the Penal Code Act, as there was no evidence that the accused intimidated, insulted, or annoyed any person, nor any intent to commit an offence. The evidence established that the appellants had legitimate interests in the land as bibanja holders, supported by documentary evidence and unchal…
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