Uganda Case Law

Prof Gakwandi v China Railways no. 3 Engineering Company Limited

Prof Gakwandi v China Railways no. 3 Engineering Company Limited (Civil Suit 27 of 2019) [2024] UGHC 141 (5 April 2024)

Court

High Court of Uganda

Case number

Civil Suit 27 of 2019

Judge

Wagona, J

The court found that the plaintiff had sold the suit property, including the house, to a third party before filing the suit. Although the plaintiff remained the registered proprietor at law, the equitable title and beneficial ownership had passed to the purchaser upon completion of the sale. The plaintiff's pleadings did not disclose the sale or the existence of an addendum allowing him to pursue compensation, and these facts only emerged during cross-examination. The court held that the plaintiff lacked sufficient interest (locus standi) in the property at the time of filing the suit and thu…

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• Compensation For Property Damage
• Locus Standi
• Cause Of Action
• Sale Of Land
• Pleadings
• Illegality In Contract

Seremba & Others v Bujagali Energy Limited & Others

Seremba & Others v Bujagali Energy Limited & Others (Civil Suit 74 of 2018) [2022] UGHC 141 (2 December 2022)

Court

High Court of Uganda

Case number

Civil Suit 74 of 2018

Judge

Batema, J

The High Court dismissed claims that blasting for the Bujagali project damaged plaintiffs’ homes, finding no proven causation and holding the AG claim time barred.

• Trespass To Land
• Limitation Periods
• Expert Evidence
• Compensation For Property Damage
• Expert-evidence
• Limitation-periods

Turyatunga & 2 Others v Attorney General

Turyatunga & 2 Others v Attorney General (Civil Appeal 5 of 2017) [2019] UGSC 81 (5 September 2019)

Court

Supreme Court of Uganda

Case number

Civil Appeal 5 of 2017

Judge

Arach-Amoko, JSC, Opio-Aweri, JSC, Tibatemwa-Ekirikubinza, JSC, Buteera, JSC, Tumwesigye, JSC

The Supreme Court held that the Government of Uganda is vicariously liable only for the destruction of the appellants' trees caused by its agents—specifically, the surveyors from M/s Wemo Consult Planners and Surveyors Ltd acting on instructions from the Uganda Land Commission, and for destruction resulting from the illegal issuance of land titles in the gazetted Namanve Central Forest Reserve by the Ministry of Lands. The Court found no evidence linking the destruction by unknown persons, veterans, or landless people to the Government, and thus rejected vicarious liability for those acts. Th…

Source excerpt

• Vicarious Liability
• Compensation For Property Damage
• Illegal Issuance Of Land Titles
• Forest Reserves And Licensing
• Assessment Of Damages
• Appellate Review

Namatovu v UMEME Limited (EDT COMPLAINT 8 of 2015)

Namatovu v UMEME Limited (EDT COMPLAINT 8 of 2015) [2018] UGEDT 2 (1 August 2018)

Court

Electricity Disputes Tribunal

Case number

EDT COMPLAINT 8 of 2015

Judges

Charles Okoth Owor - Chairperson Electricity Disputes Tribunal, Anaclet Turyakira, - Vice Chair Person Electricty Disputes Tribunal, Eng. Dr. Moses Musaazi - Member Electricity Disputes Tribunal

The Tribunal found Umeme Ltd trespassed on Namatovu Alice’s land by erecting a power line without consent, awarding compensation, general damages, costs, and interest.

• Trespass To Land
• Compensation For Property Damage
• Wayleaves And Easements
• General Damages
• Special Damages
• Trespass-to-land

Lokolong v China Communication Construction Company Limited

Lokolong v China Communication Construction Company Limited (MISCELLANEOUS APPLICATION NO. 0065 of 2017) [2017] UGHCCD 195 (6 July 2017)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS APPLICATION NO. 0065 of 2017

Judge

Musota, J

The High Court dismissed an application for a temporary injunction over quarrying works, finding no irreparable harm and that the balance of convenience favored the respondent.

• Temporary Injunctions
• Compensation For Property Damage
• Balance Of Convenience
• Irreparable Injury
• Prima Facie Case
• Temporary-injunctions