Uganda Case Law

Lubulwa v Kanakulya and Others

Lubulwa v Kanakulya and Others (Miscellaneous Application 59 of 2024) [2025] UGHC 226 (25 April 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 59 of 2024

Judge

Godfrey Himbaza, J

The court found that the applicant established a prima facie case with triable issues regarding the ownership and transfer of the suit land, including whether the applicant lawfully purchased the land, whether the subsequent sale and transfer to the 2nd respondent was lawful, and whether the caveat was properly lodged and removed. The court determined that the applicant's action was neither frivolous nor vexatious and raised substantial questions for trial. While the respondents argued that any damage could be compensated by damages, the court emphasized that the purpose of a temporary injunc…

Source excerpt

• Temporary Injunction
• Caveat Registration
• Fraudulent Transfer
• Ownership Dispute
• Status Quo Preservation

DFCU v Uganda Signs Limited &2 Others (Originating Summons 17 of 2018)

DFCU v Uganda Signs Limited &2 Others (Originating Summons 17 of 2018) [2022] UGCommC 176 (20 December 2022)

Court

Commercial Court of Uganda

Case number

Originating Summons 17 of 2018

Judge

Anna B. Mugenyi, J

The court found that the applicant had established the existence of an equitable mortgage by deposit of the certificate of title and registration of a caveat, following the nullification of the legal mortgage. The applicant demonstrated that the respondents remained indebted in the sum of Ugx 63,706,433/= as at 12/11/2008, and that the statutory procedure for foreclosure under section 8 of the Mortgage Act was applicable. The court ordered the 1st respondent to pay the outstanding amount within two months, failing which the applicant may seek foreclosure. The absence of a substantive defence…

Source excerpt

• Equitable Mortgage
• Foreclosure Procedure
• Security Interest Enforcement
• Deposit Of Title
• Caveat Registration

Buildnet Construction Materials & Hardware Vs Sewandigi Kikomeko Ssemberege & 3 Ors (Misc. Application No. 83 of 2019)

Buildnet Construction Materials & Hardware Vs Sewandigi Kikomeko Ssemberege & 3 Ors (Misc. Application No. 83 of 2019) [2019] UGHCLD 31 (29 May 2019)

Court

HC: Land Division (Uganda)

Case number

Misc. Application No. 83 of 2019

Judge

Kawesa, J

The Court found that the process of lodging the caveat commenced before the issuance of the temporary injunction, with the application for registration submitted on 9th July 2018 and the caveat entered on the title on 27th July 2018, the same day the injunction was issued. The Respondents did not have knowledge of the Court order at the time of lodging the caveat, and the registration process was not under their direct control. The Applicant failed to demonstrate any refusal by the Respondents to obey the Court order, as the caveat was lodged to protect their interests before the order existe…

Source excerpt

• Caveat Registration
• Contempt Of Court
• Temporary Injunction
• Status Quo Orders
• Specific Performance
• Title Registration

Nabatanzi v Mayanja & Anor

Nabatanzi v Mayanja & Anor (Miscellaneous Application No. 105o F 2014) [2015] UGHCLD 35 (12 May 2015)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 105o F 2014

Judge

Luswata, J

The court found that the applicant had established a prima facie case worthy of investigation, as there were serious issues regarding the alleged fraudulent transfer of the suit land and the validity of the respondent's registration. However, the applicant did not sufficiently demonstrate that she would suffer irreparable injury if the injunction was not granted, as the evidence of imminent sale or loss was not compelling. The court therefore determined the application on the balance of convenience, finding that the applicant, representing an estate allegedly deprived of property through frau…

Source excerpt

• Temporary Injunction
• Fraudulent Transfer Of Land
• Caveat Registration
• Possession Dispute
• Estate Administration

Tropical Africa Bank Ltd v Muhwana

Tropical Africa Bank Ltd v Muhwana (Civil Appeal 4 of 2011) [2013] UGSC 25 (5 December 2013)

Court

Supreme Court of Uganda

Case number

Civil Appeal 4 of 2011

Judge

Odoki, CJ, Katureebe ,JSC, Tumwesigye, JSC, Kitumba, JSC, Kisaakye, JSC

The Supreme Court partially allowed an appeal over eviction and mortgage enforcement, finding no proved locus standi or valid mortgage, while upholding compensation for the respondent's share.

• Mortgage Validity
• Locus Standi
• Matrimonial Property Rights
• Eviction
• Caveat Registration
• Equitable Interest

Babirye v Matovu Mutalyanikya and Others

Babirye v Matovu Mutalyanikya and Others (Civil Suit No. 325 of 2006) [2013] UGHCLD 404 (20 June 2013)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 325 of 2006

Judge

Aweri-Opio, J

Court found that the plaintiff’s late father had purchased the suit land and that the plaintiff became owner after a family donation, granting damages and injunctions.

• Equitable Ownership
• Land Sale Agreement
• Caveat Registration
• Trespass
• Damages
• Injunction

Tropical Africa Bank Ltd v Muhwana

Tropical Africa Bank Ltd v Muhwana (Civil Appeal No. 39 of 2007) [2010] UGCA 58 (9 April 2010)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 39 of 2007

Judge

Mukasa-Kikonyogo, DCJ, Kitumba, JA, Kavuma, JA

The Court of Appeal held the mortgage was valid but the respondent’s equitable interest in the matrimonial home protected her from unlawful eviction and sale.

• Mortgage Validity
• Matrimonial Home Equitable Interest
• Foreclosure Procedure
• Caveat Registration
• Spousal Consent
• Eviction Lawfulness