Kasule v Attorney General (Miscellaneous Application 1140 of 2020) [2024] UGCommC 142 (13 May 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 1140 of 2020
Judge
Harriet Grace Magala, J
The High Court dismissed an application to review a prior ruling on interest computation, holding the complaint was not an error apparent on the face of the record.
Wasswa & Anor v Kiyimba (Civil Suit No. 0482 of 2011) [2014] UGHCLD 130 (7 November 2014)
Court
HC: Land Division (Uganda)
Case number
Civil Suit No. 0482 of 2011
Judge
Luswata, J
The court held that the plaintiffs' claim for ejectment and vacant possession against the registered proprietor does not fall within any of the exceptions under Section 176 of the Registration of Titles Act. The certificate of title is an absolute bar to actions of ejectment, including those based on alleged trespass, and the registered proprietor cannot be considered a trespasser on his own land. However, the court found that owners of unregistered interests are protected by the Constitution and Land Act and may seek declarations of interest and compensation for unlawful deprivation, but not…
Venansio Babweyaka and Others v Kampala District Land Board and Another (Civil Suit No.511 of 2001) (Civil Suit No.511 of 2001) [2005] UGHC 5 (29 June 2005)
Court
High Court of Uganda
Case number
Civil Suit No.511 of 2001
The plaintiffs were lawful occupants of the disputed land, possessing unregistered but registrable interests arising from long-term occupation and business operations. The Kampala District Land Board failed to observe principles of natural justice and fair play by not verifying the plaintiffs' occupation, not consulting the relevant local council, and not providing prior compensation or opportunity for objection before granting the lease to the second defendant. The process was procedurally unfair and unlawful, rendering the lease and subsequent registration of title to the second defendant i…
Bwambale and Another v Yosafati Matte and Others (Civil Appeal No. 58/02) [2005] UGCA 101 (26 May 2005)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 58/02
Judge
Byamugisha, JA, Mpagi-Bahigeine, JA, Twinomujuni, JA
The Court of Appeal held that the respondents failed to prove a prior interest sufficient to defeat registered title under the Registration of Titles Act, and allowed the appeal.
The Constitutional Court held that the Expropriated Properties Act, 1982, to the extent that it nullifies the sale of the suit property to the defendant and deprives him of his proprietary interest, does not contravene the Constitution of Uganda and is not null and void. The Court reasoned that the Act was enacted to return expropriated properties to their original owners and provides for compensation and access to court, thus meeting the requirements of both the 1967 and 1995 Constitutions. While the compensation formula in section 11(4) of the Act may not guarantee adequate compensation as…