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Uganda decisions
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Kawoooya v Kakiza (Civil Appeal 2 of 2021) [2024] UGHC 1230 (28 November 2024)
The High Court at Kabale dismissed a land appeal, upholding findings that the respondent owned the suit land, the appellant trespassed, and the locus visit confirmed the boundary.
Kaahwa and Another v Taragaboine and 4 Others (Civil Appeal 36 of 2024) [2024] UGHC 924 (13 September 2024)
The High Court dismissed a land appeal, finding no proof that the respondents trespassed or encroached on the appellants’ land and upholding the trial court’s evaluation of the evidence.
Kigozi Experito v Adida Kigundu & Sait Kisengerwa (Civil Appeal 35 of 2023) [2023] UGHC 189 (21 December 2023)
The High Court dismissed a land appeal, upholding findings that the appellant failed to prove ownership beyond old boundaries and that the locus visit was proper.
Kizza v Kengrow Industries Limited (Miscellaneous Cause 32 of 2022) [2023] UGHCCD 143 (3 April 2023)
The court found that the application was not for recovery of land but for an order to clear, open, and demarcate boundaries of the Applicant's and Respondent's respective plots. The preliminary objection on limitation was overruled as the essence of the application did not amount to recovery of land. The objection regarding the necessity of a substantive suit was also dismissed, as the law permits such applications to be brought by notice of motion where no specific procedure is prescribed. The court further held that the Respondent's objections were based on facts outside the scope of proper…
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Kizza Prossy Scanlen v Kengrow Industries Limited (Miscellaneous Cause 32 of 2022) [2023] UGHC 227 (3 March 2023)
The High Court at Jinja dismissed a preliminary objection and granted a motion to have boundaries opened and demarcated for neighboring plots in Jinja District.
Byaruhanga v Tushemereirwe (Civil Appeal 28 of 2021) [2023] UGHC 83 (28 February 2023)
The High Court dismissed a land appeal, upholding findings that the respondent owned the suit land above a stone boundary and that the trial court properly evaluated the evidence.
Nteiraho and Another v Kabagambe and 4 Others (Civil Appeal No. 7 of 2023) [2023] UGHCLD 113 (20 January 2023)
The High Court dismissed a land appeal, holding that the disputed ¼ acre had been allocated to the respondents’ family and that the appellants’ cultivation amounted to trespass.
Settenda Mukasa v Mwamini Twemanye Sekibaala (Civil Suit No. 361 of 2008) [2017] UGHCLD 372 (2 May 2017)
The High Court held that the defendant owned the disputed land, dismissed the plaintiff’s suit, found the plaintiff had trespassed, and awarded the defendant damages and an injunction.
Kabasomi & Anor v Garupapura (HCT-01-CV-CA-LD-033-2013) [2016] UGHCLD 15 (2 October 2016)
The High Court upheld the trial court’s findings on land ownership and boundary issues, but allowed the respondent’s appeal on costs and dismissed the appellants’ appeal.
Besigye v Ndyahikayo (Civil Appeal No. 044 of 2010) [2012] UGHC 24 (22 February 2012)
The Appellant failed to discharge the burden of proof required to establish ownership of the Suit Land. The evidence, particularly from PW 1 Bakamuhata, demonstrated that the land in dispute was sold to the Respondent in 1984 and not to the Appellant. The Appellant's occupation and activities on the land, including fencing and cutting trees, were found to be acts of trespass. The trial Magistrate's reliance on PW 1's testimony was justified, and the procedural errors at the Locus in quo did not result in a miscarriage of justice. The court found that the boundaries and ownership were best det…
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