Uganda Case Law

Mwesigye Isha Evans and Another v Tebagalika Kasirye G.W. and Others

Mwesigye Isha Evans and Another v Tebagalika Kasirye G.W. and Others (Civil Suit No. 875 of 2019) [2025] UGCommC 212 (9 July 2025)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 875 of 2019

Judge

Susan Odongo, J

The court found that although a sale agreement existed between the plaintiffs and the defendants, the defendants, acting as administrators, lacked legal capacity and authority to sell the land, as they were not the registered proprietors and did not have beneficiary consent. This rendered the contract void ab initio. The defendants' conduct amounted to fraud and misrepresentation by concealing their lack of authority and misrepresenting their ability to sell the land. However, the plaintiffs failed to exercise ordinary diligence by not verifying the title or contacting the registered propriet…

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• Sale Of Land Contract
• Capacity To Contract
• Fraud And Misrepresentation
• Constructive Notice
• Remedies For Breach
• Administration Of Estates

Masinde v Finance Trust Bank & 2 Others

Masinde v Finance Trust Bank & 2 Others (Civil Suit 756 of 2017) [2024] UGCommC 290 (20 May 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 756 of 2017

Judge

Anna B. Mugenyi, J

The Plaintiff established an equitable interest in the suit land by virtue of purchase, actual possession, and utilization since 2000. The sale transaction between the 3rd and 2nd Defendants was valid as to registered title, but the Plaintiff's equitable interest remained protected and binding on the new owner. The mortgage transaction between the 1st and 2nd Defendants was illegal because the Plaintiff's overriding interest as a lawful occupant was not disclosed or respected, and the bank failed to conduct adequate due diligence, resulting in constructive notice of the Plaintiff's rights. Th…

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• Mailo Land Tenure
• Kibanja Rights
• Mortgage Validity
• Constructive Notice
• Injunctive Relief

Mukisa Robert v Kaaya and 6 Others

Mukisa Robert v Kaaya and 6 Others (Civil Review 2 of 2022) [2022] UGHCLD 221 (25 November 2022)

Court

HC: Land Division (Uganda)

Case number

Civil Review 2 of 2022

Judges

Zeija, PJ

The court found that the applicant was registered as proprietor of the suit land during the pendency of protracted litigation over the same property, and that he shared the same postal address as previous proprietors already found culpable of fraud. The applicant failed to provide a credible explanation for these circumstances and did not discharge the burden of proving he was a bona fide purchaser for value without notice. The court held that the applicant either knew of the ongoing dispute or deliberately avoided inquiry, amounting to constructive notice of fraud. As such, he could not clai…

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• Review Of Judgment
• Fraud In Land Transactions
• Bona Fide Purchaser
• Constructive Notice
• Title Cancellation

Mai v Elungat (Administration Cause 15 of 2018)

Mai v Elungat (Administration Cause 15 of 2018) [2022] UGHCFD 11 (8 June 2022)

Court

HC: Family Division (Uganda)

Case number

Administration Cause 15 of 2018

Judge

Adonyo, J

The High Court in Soroti allowed a land appeal, holding the appellant’s family had the better claim, rejecting adverse possession, and overturning the lower court’s orders.

• Customary Land Ownership
• Adverse Possession
• Constructive Notice
• Locus In Quo Procedure
• Caveats On Land
• Evidence Evaluation

Widambe and Another v Secretary General of the East African Community

Widambe and Another v Secretary General of the East African Community (Reference No.15 of 2018; Reference No.16 of 2018) [2022] EACJ 8 (22 March 2022) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.15 of 2018 ; Reference No.16 of 2018

Judge

Masara PJ, Ngiye DPJ, Nyachae J, Nyawello J, Wejuli J

The Court dismissed consolidated EACJ references by two retired EAC employees, holding the claims were time barred and that it lacked jurisdiction ratione temporis.

• Limitation Periods
• Employment Remuneration
• Constructive Notice
• Jurisdiction Ratione Temporis
• Limitation-periods
• Constructive-notice

Namusisi v Nakamya and 4 Others

Namusisi v Nakamya and 4 Others (Civil Miscellaneous Application No. 312 of 2018) [2021] UGHCLD 73 (23 April 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Miscellaneous Application No. 312 of 2018

Judge

Nkonge, J

The applicant failed to establish a legal grievance or locus to seek review of the judgment and orders in Civil Suit No.741 of 2017. Her acquisition of the suit property was tainted by lack of due diligence, absence of lessor consent, and constructive notice of ongoing litigation and adverse claims. The 5th respondent, from whom she purchased, had no valid title to transfer, and the applicant's registration as proprietor occurred after the court had declared the 1st to 4th respondents as rightful owners. The applicant was not a bona fide purchaser for value without notice, as she ignored warn…

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• Review Of Judgment
• Bonafide Purchaser
• Leasehold Title
• Constructive Notice
• Fraud In Land Transactions

Nabukenya Vs Bwogi

Nabukenya Vs Bwogi (Civil Appeal No. 290 of 2017) [2019] UGCA 33 (15 April 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 290 of 2017

The Court of Appeal held that the appellant’s suit was not barred by limitation due to discovery of fraud, and remitted the case to determine her occupancy rights.

• Bona Fide Purchaser
• Limitation Of Actions
• Fraud In Land Registration
• Constructive Notice
• Right Of Occupancy
• Land-fraud

Nabukenya Vs Bwogi

Nabukenya Vs Bwogi (Civil Appeal No. 290 of 2017) [2019] UGCA 41 (15 April 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 290 of 2017

The Court of Appeal found that the appellant's mother was the original purchaser and occupant of the suit land, and that fraud occurred in the registration of title by Dr. Emmanuel Lumu. However, the appellant did not discover the fraud until after her mother's death in 1998, and the suit was filed within twelve years of that discovery, thus not time-barred. The respondent's father, who purchased the land from a registered proprietor, was held to be a bona fide purchaser for value of the registered title only, but his title is subject to the right of occupancy of the appellant as legal repres…

Source excerpt

• Bona Fide Purchaser
• Limitation Of Actions
• Fraud In Land Registration
• Constructive Notice
• Security Of Occupancy