Uganda Case Law

Registered Trustees of Kampala Archdiocese and Another v Asaba

Registered Trustees of Kampala Archdiocese and Another v Asaba (Civil Suit No. 179 of 2005) [2009] UGHCLD 2 (23 November 2009)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 179 of 2005

Judge

Aweri-Opio, J

The court dismissed a land suit challenging an execution sale, holding that the defendant lawfully bought and registered the property as a bona fide purchaser for value without notice.

• Execution Of Judgment
• Bona Fide Purchaser
• Consent To Transfer
• Attachment And Sale Of Property
• Execution-of-judgment
• Bona-fide-purchaser

Vellani v Khamis and Others (Mombasa Civil Case No. 32 of 1944)

Vellani v Khamis and Others (Mombasa Civil Case No. 32 of 1944) [1945] EACA 67 (1 January 1945)

Court

East African Court of Appeal

Case number

Mombasa Civil Case No. 32 of 1944

Judge

Thacker J

The court granted specific performance of a land sale agreement and held that a purchaser of an undivided share had an equitable interest supporting a caveat.

• Specific Performance
• Caveat On Land
• Contract Of Sale
• Equitable Interest
• Registration Of Titles
• Consent To Transfer

George Mwa Larum v Zaituna Kawuma

George Mwa Larum v Zaituna Kawuma [1991] UGSC 1 (9 September 1991)

Court

Supreme Court of Uganda

Judge

Wambuzi, CJ

The Supreme Court held that the absence of timely consent did not render the sale agreement void ab initio, but made it inchoate until consent was obtained. The conduct of the appellant in signing the transfer document after the expiry of the initial period amounted to a waiver of strict observance of the contractual timeline or acquiescence in its extension. There was no evidence of duress, coercion, or fraud in the procurement of consent or in the sale transaction itself. The use of the respondent's maiden names, while potentially misleading in other circumstances, did not amount to fraud i…

Source excerpt

• Sale Agreement
• Consent To Transfer
• Duress And Coercion
• Fraud Allegations
• Agency Relationships