Uganda Case Law

Ojagol v Otetum

Ojagol v Otetum (Civil Appeal 24 of 2023) [2023] UGHCLD 283 (17 August 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal 24 of 2023

Judge

Adonyo, J

The High Court found that the respondent purchased the suit land earlier than the appellant and immediately took possession, establishing a prior equitable interest. The appellant, despite claiming to be a bona fide purchaser, failed to demonstrate that he exercised due diligence or lacked constructive notice of the respondent's prior interest. The court held that in cases of competing equitable interests, the first in time prevails. The trial magistrate's evaluation of evidence and application of the law were found to be proper, and any contradictions in the respondent's case were minor and…

Source excerpt

• Ownership Disputes
• Bona Fide Purchaser
• Competing Equitable Interests
• Land Sale Agreements

Kagumaho v Namirembe and Another

Kagumaho v Namirembe and Another (Civil Suit No. 117 of 2012) [2023] UGHCLD 95 (10 March 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 117 of 2012

Judges

Zeija, PJ

The court held that the 2nd defendant’s interest in the land was first in time and registered, but the 1st defendant’s estate must compensate the plaintiff for fraud.

• Fraudulent Land Sale
• Specific Performance
• Competing Equitable Interests
• Registration Of Titles
• Damages For Land Disputes
• Fraudulent-land-sale