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Uganda decisions
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Kwesiga & 2 Others v Nabukalu & 2 Others (Civil Appeal 26 of 2024) [2025] UGHC 62 (17 February 2025)
High Court appeal on land ownership and bibanja occupation. The court set aside the trial judgment, dismissed the suit, and declared the appellants bona fide occupants.
Ddamulira v MSS XSABO Power Limited (Civil Suit 49 of 2021) [2021] UGHCLD 473 (8 November 2021)
The court found that the defendant lawfully occupies the suit land, having acquired equitable interest through leases from bibanja holders with the consent of Kakomo Paul, who was the registered proprietor at the relevant time. The evidence established that the bibanja holders had longstanding occupancy, supported by busuulu receipts and physical presence, and that the defendant's entry was authorized. The plaintiff, upon reinstatement of title in 2019, took the land subject to existing equitable interests, including those of the bibanja holders and the defendant's lease. The court relied on…
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Luswata Vs Musisi (Civil Appeal No. 144 of 2012) [2015] UGHCCD 140 (27 April 2015)
The High Court allowed a land appeal, finding the magistrate misread the evidence, wrongly raised fraud, and awarded unproved general damages.
Ssempala v Ndagire & anor (Civil Appeal No. 45 of 2011) [2014] UGHCLD 64 (17 June 2014)
The appeal was allowed because the trial magistrate failed to personally visit the Locus in quo to assess evidence regarding the boundaries of the respondents' Bibanja, which was essential for determining the alleged trespass and extent of occupancy. The magistrate's delegation of judicial functions to court emissaries for boundary demarcation was incurably irregular and vitiated the proceedings. This omission constituted a fatal error, rendering the trial defective and necessitating a retrial. The appellate court found that the evidence on record did not support the determination of the resp…
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