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Uganda decisions
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Esomu Ebalu v Orit (Civil Appeal 35 of 2022) [2024] UGHC 754 (15 August 2024)
The High Court allowed a land appeal and ordered a retrial after finding that the suit land’s change from customary to titled tenure made the original judgment moot.
Esomu Ebalu v Orit (Civil Appeal 35 of 2022) [2024] UGHC 906 (15 August 2024)
The High Court found that the trial magistrate failed to properly address the legal implications of the suit land's change in tenure from customary to registered title during the pendency of the suit. This change fundamentally altered the cause of action and potentially the court's jurisdiction, rendering the original proceedings and judgment academic and moot. The trial magistrate should have inquired into the new status of the land, determined whether the title affected the rights of the parties, and allowed for amendment of pleadings or withdrawal of the suit. The failure to do so resulted…
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