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Uganda decisions
Decisions matching the current search
Okitela Joseph v Opoli Patrick (Civil Appeal No.14O of 2013) [2025] UGCA 245 (21 July 2025)
Second appeal struck out as incompetent because the grounds were vague and factual, contrary to the rules and limits on second appeals.
Mukwaya Paul v Majwala Fred and Another (Civil Suit No. 30 of 2024) [2025] UGHC 533 (14 July 2025)
The admissions relied upon by the Defendant/Counter Plaintiff, found in the 2nd Counter Defendant's Written Statement of Defence, are not sufficiently clear, unambiguous, or unequivocal to warrant judgment on admission under Order 13 rule 6 of the Civil Procedure Rules. Furthermore, these admissions are not contained in the Plaintiff's pleadings. The Plaintiff's pleadings and attached documents, including a sale agreement and witness statements, present a factual dispute regarding ownership and possession of the suit land. The Plaintiff alleges purchase and possession since 1997, dispossessio…
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Mugisha v The Registered Trustees of Fort Portal Diocese (HCT-01-CV-CS-0024 OF 2024) [2025] UGHC 536 (4 July 2025)
The High Court rejected preliminary objections, holding the land claim was not time-barred and that the plaint disclosed a cause of action.
Kiiza Luka and Others v Kitswamba Sub County Local Government and Kasese District Land Board (Civil Appeal No. 94 of 2015) [2025] UGCA 210 (26 June 2025)
The Court of Appeal found that the appellants failed to disclose a cause of action in their plaint. The evidence showed that the suit land was public land held in trust by the District Land Board, and the appellants, as traders with lock-ups, did not have customary ownership rights over the land. The sub-county's resolution to sell the market plot had not been implemented, and the controlling authority responsible for the land had changed since the institution of the suit. The Court held that the trial Judge was justified in striking out the suit for disclosing no cause of action, as the appe…
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Namutebi Peninah v James Kibombo and Others (Civil Suit No. 7 of 2020) [2025] UGHCFD 36 (26 June 2025)
The High Court dismissed a land suit for lack of locus standi and no cause of action, finding the plaintiff had no proven proprietary interest in the estate land.
Tumwesige Abraham v Jemima Kisoke (Civil Appeal 218 of 2016) [2025] UGCA 212 (26 June 2025)
The Court of Appeal held that the first appellate court erred in granting substantive orders (eviction, refund of purchase price, and costs) without a trial on the merits after finding that the suit disclosed a cause of action and was not time barred. The appellate judge relied on matters not pleaded or proved by evidence, and some findings were based on facts requiring evidentiary proof. The court further found that the original suit was res judicata, as the subject matter had already been determined by a competent court between the same parties. The proper procedure, after overruling the pr…
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Ponsiano Muhindo Irenga and Another v Japan Auto Traders (U) Ltd (Civil Appeal No. 249 of 2016) [2025] UGCA 211 (26 June 2025)
The Court of Appeal held that Civil Suit No.041 of 2011 was barred by res judicata, as the subject matter (motor vehicle UAJ 523L), parties, and issues had already been conclusively determined in Miscellaneous Cause No.75 of 2008 by a competent court. Certified copies of orders and documentation from the Nakawa proceedings confirmed that the matter was disposed of, and the subsequent suit in Kasese was misconceived. The appellate Judge did not err in relying on both documentary evidence and administrative confirmation from the Chief Magistrate. The doctrine of res judicata, as embodied in Sec…
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Kirumba Augustine v Lutakome Martin and Others (Miscellaneous Application No 100 of 2025) [2025] UGHC 570 (23 June 2025)
The High Court of Uganda at Mpigi dismissed an application to strike out a plaint and dismiss a land suit, holding that the pleadings disclosed a cause of action.
Prince Ssemaggala and 2 Others v Kizza Kyeyune (Miscellaneous Application No. 116 of 2025) [2025] UGHCLD 96 (23 June 2025)
The court found that the respondent, as a lineal descendant and beneficiary of the estate of the late John William Kyeyune, had a right to the suit property as apportioned by the administrators. The respondent's claim was supported by affidavits from co-administrators confirming the property was given to her. Allegations of fraudulent conduct by the applicants in dealing with the estate property established a triable issue. The court held that the plaint disclosed a cause of action, as the respondent enjoyed a right, alleged its violation, and attributed the violation to the applicants. The c…
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Ambrose Kagangure v DFCU Bank Limited and Akright Projects Ltd (Civil Suit 388 of 2012) [2025] UGHCCD 76 (20 June 2025)
The High Court dismissed a land and mortgage dispute for want of a cause of action, holding that the plaintiff had sold the property and granted a valid power of attorney.
