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12 Jan 2024

Land And Property [2024] UGSC 8

Attorney General v Henley Property Developers Limited n

Attorney General v Henley Property Developers Limited n (Civil Appeal 5 of 2023) [2024] UGSC 8 (12 January 2024)

Court: Supreme Court of Uganda
Case number: Civil Appeal 5 of 2023
Judge: Mwondha, JSC, Tibatemwa-Ekirikubinza, JSC, Tuhaise, JSC, Musota JSC, Madrama , JSC

The Supreme Court held that the respondent, Henley Property Developers Ltd, conducted reasonable due diligence prior to purchasing the suit land, including multiple registry searches and surveys, and relied on official information from the Commissioner Land Registration. The respondent was not found to have acted fraudulently, nor was fraud proved or specifically pleaded by the appellant. The respondent qualified as a bona fide purchaser for value without notice, and the cancellation of its title by the CLR was an error attributable to the registrar, not the respondent. The respondent was ent…

Source excerpt

Land Title Registration
Bona Fide Purchaser
Government Liability For Land Registry Errors
Compensation For Deprivation Of Land
Interest On Compensation
Priority Of Land Titles

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9 Nov 2018

Land And Property [2018] UGSC 70

Mugabi v Attorney General

Mugabi v Attorney General (Civil Appeal 12 of 2017) [2018] UGSC 70 (9 November 2018)

Court: Supreme Court of Uganda
Case number: Civil Appeal 12 of 2017
Judge: Mwangusya, JSC, Mwondha, JSC, Mugamba, JSC, Nshimye, Ag. JSC, Tumwesigye, Ag. JSC

The Supreme Court held that while the Registrar of Titles technically breached a statutory duty by removing the appellant's caveat without notice, this breach could not be considered in isolation from the facts. The evidence showed that the appellant had entered into a money borrowing agreement, defaulted, and the property was sold in accordance with the agreement, with the appellant receiving some proceeds. The Court found no merit in the claim that the sale price was concealed or that the appellant was deprived of property without due process. The Court further held that the Court of Appeal…