Atwiine and Another v Asiimwe (High Court Civil Appeal 76 of 2020) [2023] UGHCLD 346 (31 August 2023)
Court
HC: Land Division (Uganda)
Case number
High Court Civil Appeal 76 of 2020
Judge
Joyce Kavuma, J
The High Court upheld a temporary injunction preserving disputed land developments pending trial, finding the respondent showed an interest in the land and a balance of convenience in her favour.
Atwiine and Another v Asiimwe (HCT-05-CV-CA 76 of 2020) [2023] UGHC 55 (31 August 2023)
Court
High Court of Uganda
Case number
HCT-05-CV-CA 76 of 2020
Judge
Joyce Kavuma, J
The High Court upheld a temporary injunction preserving disputed developments on land, finding the applicant had a prima facie case and the balance of convenience favored her.
Mulyanti & Anor Vs Bateringaya & 4 Ors (Civil Appeal No. 0016 of 2010) [2019] UGCA 167 (2 July 2019)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 0016 of 2010
The Court of Appeal found that the appellants failed to prove that they or their predecessor were lawful or bonafide occupants of the suit land. The evidence established that the suit land was sold by the appellants' predecessor's father to a third party, who then sold it to the respondents' predecessor. The subsequent occupation of the land by Moses Mulyanti was by permission of the registered owner as a caretaker, amounting to a licence, not a legal interest. Under Section 29(4) of the Land Act, a licensee cannot be considered a lawful or bonafide occupant, nor can such status be inherited…
Barya v Capital Saw Mills Ltd (Civil Appeal No. 004 of 2011) [2012] UGHC 188 (21 September 2012)
Court
High Court of Uganda
Case number
Civil Appeal No. 004 of 2011
Judge
Kwesiga, J
The High Court dismissed a land appeal, upheld findings of res judicata, and ordered the appellants to vacate Plot 2/4 Garage Street, Kabale, with costs.
Eriazari Diisi v Mbarara Trading Stores (Civil Appeal 11 of 2000) [2002] UGCA 11 (11 October 2002)
Court
Court of Appeal of Uganda
Case number
Civil Appeal 11 of 2000
Judge
Mukasa-Kikonyogo, DCJ, Okello, JA, Twinomujuni, JA
The appellant's lease over the suit property was null and void, as the respondent's lease continued in existence by operation of section 1(2)(b) of the Expropriated Properties Act. The allocation of the suit land to the appellant by Mbarara Municipal Council was unlawful and disregarded the respondent's continuing interest and warnings. The appellant's entry and developments on the land were tainted by illegality and underhand dealings with municipal officers, rendering him a trespasser with no legal or equitable interest. Compensation for improvements is not automatic under the Expropriated…
Kisekka v Seventh Day Adventist Church Association of Uganda (Civil Appeal 8 of 1993) [1993] UGSC 45 (15 December 1993)
Court
Supreme Court of Uganda
Case number
Civil Appeal 8 of 1993
Judge
Wambuzi, CJ, Odoki, JSC, Platt, JSC
The Supreme Court of Uganda dismissed an appeal over land developments, holding the appellant had not lawfully acquired the customary tenancy under the Land Reform Decree.
Twaibu Kigongo v Kabogere Coffee Factory, Haji Bruhan Mugerwa [1993] UGSC 7 (17 March 1993)
Court
Supreme Court of Uganda
The Supreme Court of Uganda dismissed a land appeal, holding that the appellant’s kibanja transfer was unlawful for lack of statutory notice and authority under the Land Reform Decree.
