Uganda Case Law

Olum v Eselu and Another

Olum v Eselu and Another (Civil Appeal 3 of 2022) [2024] UGHC 798 (28 August 2024)

Court

High Court of Uganda

Case number

Civil Appeal 3 of 2022

Judge

Adonyo, J

The appellant failed to discharge the burden of proof required to establish ownership of the suit land. He did not produce the original purchase agreement or credible evidence of boundaries, and his witnesses were inconsistent and unable to identify the land in dispute. The respondents, on the other hand, presented convincing evidence of inheritance, boundaries, and documentary proof, including clan minutes and letters of administration. The court found that the suit land was not the same as the land purchased by the appellant from Bisekere, but rather formed part of the respondents' inherite…

Source excerpt

• Ownership Dispute
• Burden Of Proof
• Documentary Evidence
• Customary Tenure
• Boundary Determination

Odero v Obokoli and Another

Odero v Obokoli and Another (CIVIL APPEAL NO. 0008 OF 2023) [2024] UGHC 1241 (6 March 2024)

Court

High Court of Uganda

Case number

CIVIL APPEAL NO. 0008 OF 2023

Judge

Kawesa, J

The High Court dismissed a land appeal, upholding the trial court’s finding that the respondents proved ownership through a sale agreement and related evidence.

• Land Ownership Dispute
• Sale Agreement Interpretation
• Boundary Determination
• Evidence Evaluation
• Land-ownership-dispute
• Boundary-determination

Kutambaki Vs Byaruhanga

Kutambaki Vs Byaruhanga (Civil Appeal No. 65 of 2012) [2019] UGCA 357 (25 September 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 65 of 2012

Judge

Barishaki, JA

The Court of Appeal held that although the trial magistrate failed to properly record proceedings at the locus in quo and did not follow the accepted procedure, the High Court judge on appeal did not base his decision on those proceedings. Instead, the appellate judge relied on other evidence on record, including the will of the respondent's father and corroborating witness testimony, to determine ownership of the disputed land. The Court found that the evidence was sufficient to resolve the dispute without a retrial and that no miscarriage of justice occurred. The appellant's sole ground of…

Source excerpt

• Locus In Quo Procedure
• Land Ownership Dispute
• Will Interpretation
• Boundary Determination