Uganda Case Law

Kasasira Mutabazi and 5 Others v Kiwanuka Wakabi and Another

Kasasira Mutabazi and 5 Others v Kiwanuka Wakabi and Another (miscellaneous Application no.1127/2025) [2025] UGHCLD 114 (27 June 2025)

Court

HC: Land Division (Uganda)

Case number

miscellaneous Application no.1127/2025

Judge

Kaahwa, J

The application to amend the plaint to enhance the value of the subject matter does not meet the principles governing amendment of pleadings, particularly as set out in Gaso Transport Services (Bus) Ltd vs Obene. The court found that the reason for amendment—effluxion of time resulting in increased land value—is common knowledge and does not justify amendment of pleadings. Allowing such amendments would encourage undeserving applications, constitute an abuse of court process, and impede the court's duty to curtail delays. The application was found to be mala fide and not brought in good faith…

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• Amendment Of Pleadings
• Valuation Of Land
• Compensation Claims

Kibirige & Another (Administrators of the estate of the late Yowana Birigwa) v Waswa & Another

Kibirige & Another (Administrators of the estate of the late Yowana Birigwa) v Waswa & Another (Miscellaneous Cause 134 of 2024) [2025] UGHCLD 49 (14 March 2025)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Cause 134 of 2024

Judge

Naluzze Aisha Batala, J

The court found that the application, brought by notice of motion, was not the proper procedure for resolving the substantive and triable issues raised, including possession of the land title, alleged subdivisions, and the compensation claim. These matters require a full hearing with evidence and witnesses, which cannot be accommodated through affidavit evidence in a miscellaneous cause. The pending Civil Suit No. 395 of 2023, involving the same subject land, is the appropriate forum for resolving these issues, provided the respondents are joined as parties. Consequently, the application was…

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• Proper Institution Of Suit
• Affidavit Evidence Limitations
• Land Title Possession
• Compensation Claims

Kyomuhendo and Another v Attorney General of the Republic of Uganda

Kyomuhendo and Another v Attorney General of the Republic of Uganda (Reference No.16 of 2020) [2024] EACJ 8 (10 October 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.16 of 2020

Judge

Gacuko J, Masara PJ, Muhumuza J, Nyawello DPJ, Rene J

The Court found that the Reference was fatally defective because it was supported by an affidavit deponed by the 1st Applicant on behalf of the 2nd Applicant without any resolution or documentation demonstrating authority as required by Rule 19(5) of the Rules. The absence of such authority rendered the affidavit invalid. Furthermore, Rule 25(3) mandates that a Reference challenging the legality of an act must be accompanied by a valid affidavit. The Court had previously struck out a similar affidavit in Application No. 16 of 2020 for the same defect. The Court held that affidavits are eviden…

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• Locus Standi
• Affidavit Requirements
• Environmental Protection
• Indigenous Rights
• Natural Heritage Sites
• Compensation Claims

Oyuru and Others v Soroti Municipal Council

Oyuru and Others v Soroti Municipal Council (Civil Suit 24 of 2018) [2024] UGHC 597 (3 July 2024)

Court

High Court of Uganda

Case number

Civil Suit 24 of 2018

Judge

Adonyo, J

The High Court held that the plaintiffs failed to prove conditional transfer of clan land to Soroti Municipal Council. The suit was dismissed, with no order as to costs.

• Customary Land Ownership
• Land Donation
• Trespass
• Compensation Claims
• Community Land Rights
• Customary-land-ownership

Easter Santos Okidi & Anor v DFCU Bank Limited

Easter Santos Okidi & Anor v DFCU Bank Limited (Miscellaneous Cause 73 of 2020) [2024] UGHCLD 64 (7 March 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Cause 73 of 2020

Judge

Basaza, J

The High Court dismissed an application against DFCU Bank, finding the applicants failed to prove breach of mortgage obligations, vandalism, or compensable loss.

• Mortgagee Liability
• Breach Of Mortgage Obligations
• Valuation And Depreciation
• Remedies For Mortgagee Actions
• Evidence Of Damage
• Compensation Claims

Mugerwa v National Forestry Authority

Mugerwa v National Forestry Authority (Civil Appeal 8 of 2020) [2023] UGSC 56 (6 December 2023)

Court

Supreme Court of Uganda

Case number

Civil Appeal 8 of 2020

Judge

Owiny-Dollo, CJ, Mwondha, JSC, Tibatemwa-Ekirikubinza, JSC, Tuhaise, JSC, Mike Chibita, JSC

The Supreme Court dismissed a second appeal over Mujuzi Forest Reserve land, holding the title was issued illegally and the lower courts had properly re-evaluated the evidence.

• Forest Reserve Gazettement
• Public Land Leasing
• Title Nullification
• Judicial Review Of Evidence
• Costs Award
• Compensation Claims

Gomba Motors (Isuzu Sales) Limited & Another v Attorney General

Gomba Motors (Isuzu Sales) Limited & Another v Attorney General (Civil Suit 998 of 2020; Civil Suit 999 of 2020) [2023] UGHCLD 444 (29 November 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 998 of 2020 ; Civil Suit 999 of 2020

Judge

Naluzze Aisha Batala, J

The High Court held that the plaintiffs’ compensation claim under the Expropriated Properties Act was not time barred and allowed the suit to proceed.

• Expropriated Properties
• Limitation Of Actions
• Compensation Claims
• Expropriated-properties
• Limitation-of-actions
• Preliminary-objection

National Drug Authority v Samuel Kasozi and Ors

National Drug Authority v Samuel Kasozi and Ors (Miscellaneous Application No. 129 of 2021) [2022] UGCommC 22 (12 April 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 129 of 2021

Judge

Rwakakooko, J

The court held that although the Applicant delayed in seeking the amendment (12 years after filing the suit), the amendment sought was to include an additional sum discovered by special audit, which was omitted from the original Plaint. The court found that the Respondents would not be prejudiced by the amendment, especially since they could be compensated by costs for any inconvenience. The court emphasized that amendments should generally be allowed to enable substantive justice, provided no injustice is caused to the other party and the amendment is not prohibited by law. The absence of op…

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• Amendment Of Pleadings
• Leave To Amend
• Procedural Justice
• Compensation Claims

Mutesi Zubedah V Uganda Revenue Authority

Mutesi Zubedah V Uganda Revenue Authority (Miscellaneous Cause No. 11 of 2011) [2019] UGHCCD 137 (5 July 2019)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 11 of 2011

Judge

Musa Ssekaana, J

The court found that after the consent order, the applicant had no residual claims against the respondent, as the motor vehicle was properly registered in the name of the importer and released to the applicant upon payment of the required fees. The respondent acted within its statutory mandate and did not commit any actionable wrong or tort against the applicant. Judicial review is not a mechanism for automatic damages, and the applicant failed to establish any basis for compensation, as there was no unlawful act or breach of statutory duty by the respondent. The application for damages was t…

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• Judicial Review
• Misfeasance In Public Office
• Statutory Duties
• Compensation Claims
• Ultra Vires Actions

Lalango Lutara Vs Attorney General

Lalango Lutara Vs Attorney General (Civil Appeal No. 26 of 2011) [2019] UGCA 138 (26 April 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 26 of 2011

The Court of Appeal dismissed a compensation claim against the Government as time-barred, finding no valid written acknowledgement or legal basis to revive limitation.

• Limitation Periods
• Acknowledgement Of Liability
• Government Seizure Of Property
• Compensation Claims
• Equitable Estoppel
• Limitation-periods