Uganda Case Law

Kyampangi Farm Estates Ltd and Another v Byamukama and Others

Kyampangi Farm Estates Ltd and Another v Byamukama and Others (Civil Suit No. 244 of 2008) [2022] UGHCLD 207 (26 August 2022)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 244 of 2008

Judges

Zeija, PJ

The court found that the agreements between the Plaintiffs and Defendant were for the sale of shares in the 1st Plaintiff company, not land. The Defendant only paid for 40% of the shares, and there was no valid company resolution or compliance with preemption rights, rendering the purported transfer ultra vires. The Defendant fraudulently transferred Plot 10 into his name using forged signatures, as evidenced by forensic analysis and the lack of authentic company resolutions. The Defendant was a trespasser on both Plot 10 and Plot 11, having forcibly evicted the Plaintiffs and occupied the la…

Source excerpt

• Share Transfer Disputes
• Fraud In Land Transactions
• Company Law Ultra Vires
• Trespass To Land
• Bonafide Purchaser
• Remedies And Damages

Kyampagi Farm Estates Limited and another vs Byamukama Fred

Kyampagi Farm Estates Limited and another vs Byamukama Fred (Civil Suit No. 244 of 2008) [2022] UGHCLD 241 (26 August 2022)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 244 of 2008

Judges

Zeija, PJ

The High Court held the parties’ agreements were for share sales, not land sales. It found fraud in the defendant’s transfer of Plot 10, upheld Plot 11’s sale to a third party, and awarded damages.

• Share Transfer Disputes
• Fraud In Land Transactions
• Company Law Ultra Vires
• Trespass To Land
• Bonafide Purchaser
• Remedies And Damages