Uganda Case Law

Ms Buhuka Communal Land Association v Abdul Karim

Ms Buhuka Communal Land Association v Abdul Karim (Miscellaneous Application 123 of 2023) [2025] UGHC 91 (17 January 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 123 of 2023

Judge

Byaruhanga Rugyema, J

The court found that the affidavit in reply filed by the respondent was out of time and struck it out for failure to seek leave of court. On the issue of res judicata, the court held that the applicant was not a party to the original suit and thus its rights were not finally decided, making the application not barred by res judicata. Regarding the merits, the court determined that the applicant had presented sufficient cause for review, as it was not aware of the original suit and was unable to present material evidence regarding its interest in the land. The respondent's concealment of the a…

Source excerpt

• Review Of Judgment
• Res Judicata
• Communal Land Rights
• Cancellation Of Title
• Joinder Of Parties

Ms Buhuka Communal Land Association v Abdul Karim

Ms Buhuka Communal Land Association v Abdul Karim (Miscellaneous Application 123 of 2023) [2025] UGHC 92 (17 January 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 123 of 2023

Judge

Byaruhanga Rugyema, J

The court found that the respondent's affidavit in reply was filed out of time without leave and was therefore struck out. The application was not barred by res judicata because the applicant was not a party to the original suit and its interests were not adjudicated. The applicant demonstrated sufficient cause for review, as it was not aware of the original proceedings and was unable to present material evidence regarding its interest in the land. The respondent, being a member of the applicant association, ought to have included the applicant in the original suit. The exclusion of the appli…

Source excerpt

• Review Of Judgment
• Res Judicata
• Communal Land Rights
• Cancellation Of Title
• Joinder Of Parties

Kasegu (through Administrator) and Others v Kaahwa

Kasegu (through Administrator) and Others v Kaahwa (Civil Appeal No. 106 of 2022) [2022] UGHCFD 8 (22 December 2022)

Court

HC: Family Division (Uganda)

Case number

Civil Appeal No. 106 of 2022

Judge

Byaruhanga Rugyema, J

The High Court found that the trial magistrate properly admitted and relied on the testimony of witnesses at locus in quo, as permitted by law and at the request of the appellants' counsel. The sale of the suit land by the families of Deema and Karoli to the respondent was valid under customary law, as inheritance is a recognized form of property acquisition in Uganda, and there was no evidence of contest from the deceased's beneficiaries. The requirement for letters of administration under the Succession Act does not apply to customary inheritance and subsequent sale where there is uncontest…

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• Customary Land Tenure
• Communal Land Rights
• Succession And Inheritance
• Locus In Quo Procedure
• Representative Actions
• Certificate Of Customary Ownership

Layet & Another v Abwoch

Layet & Another v Abwoch (Civil Appeal No. 102 of 2018) [2020] UGHC 127 (14 August 2020)

Court

High Court of Uganda

Case number

Civil Appeal No. 102 of 2018

Judge

Stephen Mubiru, J

The High Court allowed an appeal over disputed land in Lamwo, held the respondent was a trespasser after the IDP camp ended, and awarded damages, mesne profits, and costs.

• Customary Land Tenure
• Communal Land Rights
• Trespass To Land
• Mesne Profits
• Damages For Trespass
• Customary-land-tenure

Obita Vs Kilama & 4 Ors

Obita Vs Kilama & 4 Ors (CIVIL APPEAL No. 0045 OF 2016) [2018] UGHCCD 64 (25 October 2018)

Court

HC: Civil Division (Uganda)

Case number

CIVIL APPEAL No. 0045 OF 2016

Judge

Stephen Mubiru, J

High Court appeal over communal clan land dismissed after the appellant failed to prove exclusive ownership. The court held he had only user rights under customary tenure.

• Customary Land Tenure
• Communal Land Rights
• Usufructuary Rights
• Burden Of Proof
• Procedural Irregularity
• Customary-land-tenure

Simea & 7 Ors Vs Maber group farm Ltd

Simea & 7 Ors Vs Maber group farm Ltd (CIVIL APPEAL No. 0019 OF 2016) [2018] UGHCCD 26 (15 March 2018)

Court

HC: Civil Division (Uganda)

Case number

CIVIL APPEAL No. 0019 OF 2016

Judge

Stephen Mubiru, J

The High Court found that the respondent failed to prove, on the balance of probabilities, that it acquired the disputed land as a customary owner in accordance with applicable customary rules. The respondent's claim was based solely on the assertion that its director inherited the land, but no evidence was adduced regarding the specific customary law, rules, or practices governing such inheritance, nor compliance with those rules. The court held that acquisition of land by inheritance by a director does not automatically vest ownership in the company, given its separate legal personality. Fu…

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• Customary Land Tenure
• Burden Of Proof
• Inheritance Of Land
• Communal Land Rights

Simea Umika & Ors v Maber Group Farm Limited

Simea Umika & Ors v Maber Group Farm Limited (Civil Appeal No. 0019 of 2016) [2018] UGHCLD 23 (15 March 2018)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal No. 0019 of 2016

Judge

Stephen Mubiru, J

The High Court allowed a land appeal, holding that the respondent failed to prove customary ownership and that the evidence favored communal ownership by the appellants.

• Customary Land Tenure
• Proof Of Title
• Burden Of Proof
• Communal Land Rights
• Inheritance Under Custom
• Appellate Review