Uganda Case Law

Juuko Lawrence Ssango v Michael Jenkins Katende and John Katende

Juuko Lawrence Ssango v Michael Jenkins Katende and John Katende (Civil Application Reference No. 1 of 2024) [2024] UGHCLD 300 (7 October 2024)

Court

HC: Land Division (Uganda)

Case number

Civil Application Reference No. 1 of 2024

Judge

Nabakooza, J

The court found that the Assistant Registrar exercised jurisdiction not vested in her by law when she entertained and determined an application for civil contempt not committed in the face of the court. The powers of the Registrar under Order 50 of the Civil Procedure Rules do not include the authority to grant permanent injunctions, award compensation or damages, or punish for civil contempt initiated by a litigant. Such jurisdiction is reserved for a High Court Judge. Consequently, the orders issued by the Assistant Registrar in Misc. Application No. 122 of 2023 were a nullity and have no l…

Source excerpt

• Contempt Of Court
• Jurisdiction Of Registrar
• Permanent Injunction
• Compensation For Eviction

Bbale & Another v Peri-Urban Agro Enterprises & 2 Others

Bbale & Another v Peri-Urban Agro Enterprises & 2 Others (Civil Suit 3130 of 2016) [2024] UGHCLD 172 (27 June 2024)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 3130 of 2016

Judge

Naluzze Aisha Batala, J

The Plaintiffs entered into a valid sale agreement with the 1st Defendant for 0.80 acres of land, paid a substantial portion of the purchase price, and took possession, thereby acquiring an equitable interest. The Defendants breached the agreement by failing to subdivide and transfer the title as covenanted, and subsequently sold the entire plot to the 3rd Defendant, resulting in the Plaintiffs' eviction. The Plaintiffs are no longer interested in recovering the land but are entitled to compensation at the prevailing market value, less the unpaid balance, to prevent unjust enrichment. The Pla…

Source excerpt

• Sale Of Land
• Breach Of Contract
• Compensation For Eviction
• Equitable Interest
• Damages
• Fraudulent Transfer

Kiconco Medard V Hon. Persis Namuganza & 148 Others (Consolidated Civil Suits No. 1036 of 2018 & No. 165 of 2019)

Kiconco Medard V Hon. Persis Namuganza & 148 Others (Consolidated Civil Suits No. 1036 of 2018 & No. 165 of 2019) [2019] UGHCLD 56 (4 October 2019)

Court

HC: Land Division (Uganda)

Case number

Consolidated Civil Suits No. 1036 of 2018 & No. 165 of 2019

The court found that the plaintiff lawfully acquired the suit land from the rightful administrator and was registered as proprietor. The 1st and 2nd defendants did not incite or direct occupation of the land; their actions were within official mandates and not proven to amount to incitement. The President's statements did not constitute a directive to allow occupation but were interim measures pending investigations. KCCA did not abdicate its duties, as it was restrained by ongoing court disputes and injunctions. The majority of the 3rd to 147th defendants were found to be trespassers, as the…

Source excerpt

• Trespass To Land
• Bibanja Interests
• Compensation For Eviction
• Injunctions
• Administration Of Estates

Owori & 12 Ors v Ochieng & 2 Ors

Owori & 12 Ors v Ochieng & 2 Ors (Civil Suit No. 360 of 20131.) [2017] UGHCLD 252 (4 September 2017)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 360 of 20131.

Judge

Masalu Musene, J

The Plaintiffs failed to prove lawful or equitable ownership of the suit land, as customary tenure in urban areas was abolished and no evidence was adduced of consent from the registered owner (Government via Uganda Land Commission). The sale agreements and occupation did not confer recognized interests, and the Plaintiffs did not establish a landlord-tenant relationship with the Government. The lease to the 1st and 2nd Defendants was lawfully granted by the Uganda Land Commission, with no fraud or irregularity proved. The Plaintiffs' structures were erected without planning permission and we…

Source excerpt

• Public Land Ownership
• Customary Tenure Abolition
• Leasehold Allocation
• Fraud In Land Transactions
• Compensation For Eviction

Mayende Allen v Karuhanga Gordon

Mayende Allen v Karuhanga Gordon (Civil Apppeal No. 106 of 2014) [2015] UGHCLD 73 (12 January 2015)

Court

HC: Land Division (Uganda)

Case number

Civil Apppeal No. 106 of 2014

Judge

Masalu Musene, J

The High Court dismissed an appeal over Kibanja rights, holding that the appellant’s construction on the respondent’s land amounted to trespass and the damages award stood.

• Kibanja Tenure
• Mailo Land Rights
• Trespass To Land
• Compensation For Eviction
• Locus In Quo Procedure
• Kibanja-tenure

Zaidi Ziwa & Ors v Gregory Kayita Senvuma

Zaidi Ziwa & Ors v Gregory Kayita Senvuma (Civil Suit No.164 of 1993) (Civil Suit No.164 of 1993) [1999] UGHC 8 (31 May 1999)

Court

High Court of Uganda

Case number

Civil Suit No.164 of 1993

The High Court held that a prior RCIII decision did not bar the suit as res judicata because the local council court lacked jurisdiction over the statutory land issues.

• Customary Tenure
• Res Judicata
• Jurisdiction Of Local Councils
• Compensation For Eviction
• Res-judicata
• Customary-tenure

Margret Kiwana v Edward Kibalama & Anor

Margret Kiwana v Edward Kibalama & Anor (Civil Suit No.611 of 1981) [1982] UGHCLD 1 (14 May 1982)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No.611 of 1981

Judge

Manyindo, J

The defendants occupied the plaintiff's land without her authority and were not introduced to her as customary tenants, nor did they pay busulu. Their independent establishment on the land, separate from their father, amounted to trespass. The court found that the defendants were not customary tenants but mere occupants under their father's wings, and their continued occupation was unlawful. The plaintiff, as the legal representative of her late husband's estate and registered proprietor of the land, was entitled to vacant possession. The defendants were not entitled to compensation as their…

Source excerpt

• Customary Land Tenure
• Trespass To Land
• Vacant Possession
• Compensation For Eviction