Uganda Case Law

Ssekabugo Moses v Kiwogga James

Ssekabugo Moses v Kiwogga James (Civil Suit 1 of 2022) [2024] UGHC 1272 (9 April 2024)

Court

High Court of Uganda

Case number

Civil Suit 1 of 2022

Judge

Wolayo, J

The court found that both the plaintiff and defendant are biological children of the late Mikayiri Kittabagaya and Margret Nangamba Kittabagaya. Their mother had partially distributed the estate without letters of administration, giving land to both parties. The distribution stands in the interim, and both parties are beneficiaries. The plaintiff is estopped from challenging the defendant's share, having benefited himself. The evidence for doubting the defendant's paternity was unsubstantiated, and the defendant's refusal to undergo DNA testing as an adult cannot be compelled by the court, es…

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• Succession And Administration Of Estates
• Paternity Disputes
• Distribution Of Estate
• Customary Heirship

Hajjati Wanyana v Nangobi and Another (HCT-03-CV-CA 49 of 2022)

Hajjati Wanyana v Nangobi and Another (HCT-03-CV-CA 49 of 2022) [2023] UGHC 177 (19 December 2023)

Court

High Court of Uganda

Case number

HCT-03-CV-CA 49 of 2022

Judge

Nabisinde, J

The High Court allowed a land appeal, held the suit land formed part of Musenze Ngobi’s estate, reinstated the appellant’s letters of administration, and limited the respondents’ rights to their father’s share.

• Succession Disputes
• Letters Of Administration
• Beneficiary Entitlements
• Estate Distribution
• Revocation Of Administration
• Customary Heirship

Namubiru and Another v Birungi and 3 Others

Namubiru and Another v Birungi and 3 Others (Civil Suit 7 of 2019) [2023] UGHCFD 143 (27 July 2023)

Court

HC: Family Division (Uganda)

Case number

Civil Suit 7 of 2019

Judge

Nagawa, J

The court found that the 4th defendant, as a customary heir, was only entitled to 1% of the estate of the late Fred Wamala Nsimbi and not to the entire estate or specific properties. The plaintiffs and their sister were entitled to their respective shares as bequeathed by their grandfather, the late Paul H. K Wandera Mubiru, including 0.75 acres from Kyadondo Block 236 Plot 132 at Bweyogerere. The 1st defendant's registration as sole proprietor of Bugerere Block 12 Plot 9 was contrary to the will, which required equal sharing among the beneficiaries, and the title should be cancelled and redi…

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• Succession
• Wills And Probate
• Beneficiary Entitlement
• Fraudulent Transfer
• Land Registration
• Customary Heirship

Nakiryowa v Masembe & Ors (High Court Civil Suit No.37 of 2006.)

Nakiryowa v Masembe & Ors (High Court Civil Suit No.37 of 2006.) [2015] UGHCLD 59 (22 October 2015)

Court

HC: Land Division (Uganda)

Case number

High Court Civil Suit No.37 of 2006.

Judge

Bashaija, J

The High Court found the defendants fraudulently obtained title to land from their mother’s estate and ordered cancellation, injunction, damages, and costs.

• Fraudulent Land Transfer
• Succession And Inheritance
• Registration Of Titles
• Customary Heirship
• Cancellation Of Title
• Fraudulent-land-transfer

Kakebe Paul V Sebandeke Ibrahim & Another

Kakebe Paul V Sebandeke Ibrahim & Another (Miscellaneous Cause No. 6 of 2014) [2014] UGHCLD 142 (21 July 2014)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Cause No. 6 of 2014

Judge

Owiny-Dollo, J

The High Court dismissed an application to remove a caveat from land title, holding that no statutory notice had been served and the respondent was not the proper party to sue.

• Removal Of Caveat
• Succession And Administration Of Estates
• Limitation Of Actions
• Customary Heirship
• Removal-of-caveat
• Land-title

Makumba v Watsemba (HCT-04-CV-CR-0005/2003)

Makumba v Watsemba (HCT-04-CV-CR-0005/2003) [2005] UGHCFD 4 (12 May 2005)

Court

HC: Family Division (Uganda)

Case number

HCT-04-CV-CR-0005/2003

Judge

Rugadya, J

The High Court revised a magistrate’s order, holding that the deceased’s principal residential holding could not be distributed and that the widow and children could remain in the house.

• Succession Act Application
• Principal Residential Holding
• Rights Of Surviving Spouse
• Distribution Of Estate
• Occupancy Rights
• Customary Heirship