Uganda Case Law

Katerega v Bamwiite and Others

Katerega v Bamwiite and Others (Civil Suit 573 of 2020) [2024] UGHCLD 183 (5 July 2024)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 573 of 2020

Judge

Busingye, J

Neither the plaintiff nor the defendant/counterclaimant acquired any valid legal or equitable interest in the suit land, as the 1st counter-defendant was neither a registered proprietor nor a lawful occupant and lacked authority to transfer interest. The memorandum of understanding relied upon by both parties was invalid for want of landlord consent, contravening Section 34 of the Land Act. The 2nd counter-defendant lawfully acquired title through a valid transaction with the lawful occupant and with the registered proprietor's consent, as evidenced by the certificates of title and compliance…

Source excerpt

• Trespass To Land
• Caveats And Land Registration
• Equitable Interest In Land
• Specific Performance
• Remedies And Costs

Rukidi & Others v Kyobhuhooro Katanga

Rukidi & Others v Kyobhuhooro Katanga (Civil Suit 46 of 2007) [2022] UGHC 125 (25 August 2022)

Court

High Court of Uganda

Case number

Civil Suit 46 of 2007

Judge

Joyce Kavuma, J

The High Court limited the defendant’s lawful occupation to the fenced homestead area, found trespass in the construction of a new road, and ordered a caveat removed.

• Customary Land Tenure
• Trespass To Land
• Caveats And Land Registration
• Burden Of Proof
• Trespass-to-land
• Customary-land-tenure

Mawejje v Makumbi Banalya Yawe and Another

Mawejje v Makumbi Banalya Yawe and Another (Civil Suit No. 299 of 2014) [2021] UGHCLD 150 (29 October 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 299 of 2014

Judge

Cornelia Kakooza Sabiiti, J

The court found that the plaintiff, as the registered proprietor, holds absolute title to the suit property, having received it as a perfected gift from his late father. The evidence established that the transfer was voluntary and complete, and no proof was adduced by the defendants to rebut the presumption of advancement or to show any contrary intention by the testator. The court further held that the defendants have no legal or equitable interest in the property: the first defendant was not a beneficiary under the will, and the second defendant's claim, based on a life interest bequeathed…

Source excerpt

• Ownership Of Registered Land
• Caveats And Land Registration
• Succession And Wills
• Life Interest And Remaindermen

Mukasa Alice v Centenary Bank Ltd & anor

Mukasa Alice v Centenary Bank Ltd & anor (Civil Suit No. 77 of 2010) [2014] UGHCLD 69 (24 January 2014)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 77 of 2010

Judge

Kwesiga, J

The court found that the first Defendant (Centenary Bank) failed to serve the Plaintiff, as guarantor, with a written demand or notice of default and intention to foreclose, as required by Section 117 of the Registration of Titles Act and the mortgage agreement. This omission deprived the Plaintiff of the opportunity to redeem her property and constituted an unlawful sale. Although fraud was not proved against the second Defendant (Bonny Nuwagaba), the sale was void for illegality. The court held that the Plaintiff is entitled to redeem her property by paying the outstanding loan as of the da…

Source excerpt

• Mortgage Enforcement
• Foreclosure Procedure
• Guarantor Liability
• Fraudulent Transfer
• Bona Fide Purchaser
• Caveats And Land Registration

Uganda Motors Limited v The Commissioner for Land Registration & Another

Uganda Motors Limited v The Commissioner for Land Registration & Another (Civil Suit 428 of 2006) [2012] UGHC 411 (13 July 2012)

Court

High Court of Uganda

Case number

Civil Suit 428 of 2006

Judge

Musoke-Kibuuka, J

The High Court held that the registrar unjustifiably failed to register a caveat, but Uganda Motors Ltd was not entitled to compensation because the land loss was caused by court orders.

• Caveats And Land Registration
• Compensation For Loss Of Land
• Omission By Registrar
• Proprietary Interest
• Court Orders And Land Title
• Caveats-and-land-registration