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Uganda decisions
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Nyanzi Edward v Namulindwa Margaret & 4 Others (Civil Suit 404 of 2018) [2024] UGHCLD 79 (28 March 2024)
The court held that the kibanja belonged to the estate of Benedicto Wasswa, not Bugembe Godfrey, but dismissed the plaintiff’s claims for trespass and remedies.
Senyonga & Another v Matovu (Civil Suit 256 of 2017) [2022] UGHCFD 40 (21 October 2022)
The court found that the Defendant failed to prove the existence or validity of any will left by the late Kagugube Kabbo Yovani. The purported wills presented were inconsistent, lacked proper attestation, and did not comply with statutory requirements for documents written for illiterates. The contradictions among the Defendant's witnesses and the suspicious circumstances surrounding the presentation and witnessing of the documents further undermined their credibility. The Plaintiffs, as direct lineal descendants, were lawfully nominated and appointed to apply for letters of administration, a…
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Nabukenya v Matovu (Civil Appeal No. 50 of 2010) [2011] UGHC 136 (13 September 2011)
High Court appeal in a land dispute held that the respondent could remain only on the 3 acres given to him, not on the whole suit land, and awarded costs to the appellant.
Solo David & Anor. Vs Pagali Abdu & Anor (HCT-04-CV-CA-0027-2009) [2010] UGHC 160 (20 December 2010)
The High Court found that the learned trial Magistrate erred in law and fact by holding that the appellants could not sue for rights in the land without first obtaining letters of administration. The court relied on the Supreme Court authority of Israel Kabwa v. Martin Banoba Musiga, which establishes that a beneficiary may sue to protect the estate even before letters of administration are granted. The subsequent grant of letters of administration validates all intermediate actions, including the filing of the suit. The court also noted that the first appellant, as customary heir under Bugwe…
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Vicent Tamukedde v Serunjogi (High Court Civil Suit No. 85 of 1995) (High Court Civil Suit No. 85 of 1995) [2002] UGHC 36 (29 October 2002)
The appeal succeeded because neither Mwebe nor the appellant had legal authority to sell or transfer the disputed land without a grant of probate or letters of administration for the estate of Yokana Lugwana. The trial magistrate erred in law by enforcing a sale and ordering transfer of land based on customary succession and clan authority, which are no longer recognized for intestate succession. The Succession Act requires formal administration of estates, and without such grant, no beneficiary can establish a right to the property. The purported sale by Mwebe was null and void, and the appe…
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