Uganda Case Law

Tullow Oil (U) Operations pty ( total exp (U) and Another v Kaahwa

Tullow Oil (U) Operations pty ( total exp (U) and Another v Kaahwa (Civil Appeal No. 11 of 2022) [2022] UGHCCD 209 (20 October 2022)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal No. 11 of 2022

Judge

Byaruhanga Rugyema, J

The High Court dismissed an appeal over ownership of land used for an oil access road, holding that the respondent proved lawful allocation and the appellants did not prove communal ownership.

• Land Allocation
• Communal Land Ownership
• Customary Land Rights
• Burden Of Proof
• Representative Actions
• Land-law

Mutumba and 2 Others v Nsereko and Another

Mutumba and 2 Others v Nsereko and Another (Civil Suit No. 17 of 2019) [2022] UGHCFD 1 (9 February 2022)

Court

HC: Family Division (Uganda)

Case number

Civil Suit No. 17 of 2019

Judge

Ojok, J

The High Court struck out a counterclaim over communal land claims for want of a representative order, lack of locus standi, and no disclosed cause of action.

• Representative Suits
• Locus Standi
• Cause Of Action
• Communal Land Ownership
• Letters Of Administration
• Representative-suits

Jokkene v Ottu & 4 Others

Jokkene v Ottu & 4 Others (Civil Appeal No. 69 of 2018) [2019] UGHC 60 (12 September 2019)

Court

High Court of Uganda

Case number

Civil Appeal No. 69 of 2018

Judge

Stephen Mubiru, J

The appellate court found that the trial magistrate erred in holding that the appellant had no cause of action, as the plaint disclosed facts showing the appellant's legal interest in the land, deprivation of enjoyment by the respondents, and their liability for trespass. The evidence established that the appellant's late father had exclusive possession of the disputed land, with only seasonal permission granted to neighbours for grazing during dry seasons, and that the respondents' partitioning and occupation constituted trespass. The trial court failed to properly record proceedings at the…

Source excerpt

• Customary Land Tenure
• Communal Land Ownership
• Cause Of Action
• Trespass To Land
• Locus In Quo Procedure

Atunya vs Okeny

Atunya vs Okeny (Civil Appeal No. 0051 of 2017) [2018] UGHCLD 69 (6 December 2018)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal No. 0051 of 2017

Judge

Stephen Mubiru, J

High Court appeal over whether disputed land was privately owned or communal clan land. The court held the respondent proved only usufructuary rights, not exclusive ownership.

• Customary Land Tenure
• Communal Land Ownership
• Burden Of Proof
• Usufructuary Rights
• Adverse Possession
• Exclusive Possession

Ocan Vs Okeny

Ocan Vs Okeny (CIVIL APPEAL No. 0019 OF 2018) [2018] UGHCCD 59 (11 October 2018)

Court

HC: Civil Division (Uganda)

Case number

CIVIL APPEAL No. 0019 OF 2018

Judge

Stephen Mubiru, J

The High Court struck out a land recovery suit for lack of locus standi and failure to disclose a cause of action over communal customary land.

• Customary Land Tenure
• Communal Land Ownership
• Locus Standi
• Cause Of Action
• Recovery Of Land
• Communal-land-ownership