Uganda Case Law

Aluma & 2 Others v Okuti

Aluma & 2 Others v Okuti (Civil Appeal 214 of 2017) [2025] UGCA 81 (24 March 2025)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 214 of 2017

Judge

Egonda-Ntende, JA, Cheborion-Barishaki, JA, Gashirabake, JA

The Court of Appeal held that the respondent had established constructive possession of the suit land through acts of fencing and cultivation, which entitled him to bring a suit for trespass. The concurrent findings of fact by the lower courts were supported by evidence and could not be disturbed on a second appeal. The appellants' customary interests in the land were extinguished by their long period of inaction, as the Limitation Act applies to all land tenures, including customary land. The appellants' counterclaim for trespass was time-barred, having been filed 23 years after the responde…

Source excerpt

• Trespass To Land
• Constructive Possession
• Customary Land Rights
• Limitation Of Actions
• Doctrine Of Laches

Musoke v Wasswa & 2 Others

Musoke v Wasswa & 2 Others (Civil Suit 439 of 2015) [2024] UGHCLD 173 (28 June 2024)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 439 of 2015

Judge

Naluzze Aisha Batala, J

The High Court found the plaintiff was the lawful Kibanja holder and that the defendants trespassed, awarding general and punitive damages plus costs.

• Kibanja Tenure
• Trespass To Land
• Damages Assessment
• Customary Land Rights
• Kibanja-tenure
• Trespass-to-land

Oriokot and 3 Others v National Forestry Authority and 2 Others

Oriokot and 3 Others v National Forestry Authority and 2 Others (Miscellaneous Cause 8 of 2023) [2024] UGHC 591 (26 June 2024)

Court

High Court of Uganda

Case number

Miscellaneous Cause 8 of 2023

Judge

Adonyo, J

The High Court granted leave for four applicants to file a representative suit over customary ownership and alleged trespass to land in Soroti.

• Representative Suits
• Customary Land Rights
• Leave To Sue
• Common Interest Requirement
• Representative-suits
• Customary-land-rights

Kyomuhendo v Ongei and 2 Others

Kyomuhendo v Ongei and 2 Others (Civil Appeal 32 of 2020) [2024] UGHC 179 (29 February 2024)

Court

High Court of Uganda

Case number

Civil Appeal 32 of 2020

Judge

Serunkuma, J

The High Court found that the Appellant failed to prove, on a balance of probabilities, that his father's title lawfully included all the land in dispute and did not encroach on land with pre-existing customary interests of the Respondents. The evidence presented by the Appellant was insufficient, lacking critical documentation such as inspection reports and neighbor consents, and failed to explain the absence of immediate neighbors' involvement in the lease process. The court held that the Respondents' fathers' occupation of the land predated the Appellant's father's acquisition of title, an…

Source excerpt

• Land Ownership Disputes
• Customary Land Rights
• Registration Of Titles
• Fraud In Land Acquisition
• Burden Of Proof
• Locus In Quo Procedure

John Matovu Mulindwa & 19 others v Naiga Rosemary, Masengere Stephen & Magandazi Lubega Aloysius

John Matovu Mulindwa & 19 others v Naiga Rosemary, Masengere Stephen & Magandazi Lubega Aloysius (Miscellaneous Application 94 of 2024) [2024] UGHCLD 40 (19 February 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 94 of 2024

Judge

Naluzze Aisha Batala, J

The High Court held that review lies only to the court that made the original decree or order, not to an appellate court, and dismissed the application with costs.

• Review Of Judgment
• Error Apparent On Record
• Appellate Jurisdiction
• Customary Land Rights
• Review-of-judgment
• Appellate-jurisdiction

Kafureka v Bihanga Subcounty Local Council 111 and 13 Others

Kafureka v Bihanga Subcounty Local Council 111 and 13 Others (Civil Suit 9 of 2015) [2023] UGHC 133 (30 November 2023)

Court

High Court of Uganda

Case number

Civil Suit 9 of 2015

Judge

Wagona, J

The High Court dismissed Betty Kafureka’s land trespass suit, holding she failed to prove ownership or possession of the disputed land and awarded no costs.

• Land Ownership Disputes
• Trespass To Land
• Customary Land Rights
• Burden Of Proof
• Remedies And Costs
• Land-ownership-disputes

Muhindo v Kasese District Local Government and 2 Others

Muhindo v Kasese District Local Government and 2 Others (Miscellaneous Application 31 of 2023) [2023] UGHCLD 281 (30 June 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 31 of 2023

Judge

Wagona, J

The High Court allowed an application to amend a plaint to add the Attorney General and Commissioner Land Registration, holding the supporting affidavit was competent.

• Amendment Of Pleadings
• Joinder Of Parties
• Affidavit Requirements
• Customary Land Rights
• Amendment-of-pleadings
• Joinder-of-parties

Aluma Michael Bayo and Others v Said Inasur Okuti

Aluma Michael Bayo and Others v Said Inasur Okuti (Civil Appeal No. 0023 of 2013) [2023] UGHC 514 (23 April 2023)

Court

High Court of Uganda

Case number

Civil Appeal No. 0023 of 2013

Judge

Stephen Mubiru, J

The High Court dismissed a land trespass appeal, holding that possession, not title, was enough and the respondent had shown constructive possession of the disputed land.

• Trespass To Land
• Constructive Possession
• Customary Land Rights
• Limitation Of Actions
• Trespass-to-land
• Constructive-possession

Center for Public Interest Law Limited v Attorney General

Center for Public Interest Law Limited v Attorney General (Constitutional Petition No. 29 of 2019) [2023] UGCC 6 (20 February 2023)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 29 of 2019

Judge

Monica K. Mugenyi, JCC, Gashirabake, JCC, Madrama, JCC, Musoke, JCC, Egonda-Ntende, JCC

The court held that Section 25(1) of the Uganda Wildlife Act, 2019 is not unconstitutional as it mandates the Minister to consult the relevant local government council, which acts as an agent of the people, thereby ensuring public participation as required by the Constitution. The court found that the factual basis of the petition—that the East Madi Wildlife Reserve was established on land belonging to the Apaa community in Amuru District—was not supported by evidence. A government survey established that the reserve is wholly within Adjumani District, not Amuru, and thus the Apaa community w…

Source excerpt

• Public Participation
• Customary Land Rights
• Compulsory Acquisition
• Wildlife Conservation
• Local Government Consultation

Sanasiyo and 6 Others v Mujuni

Sanasiyo and 6 Others v Mujuni (Miscellaneous Application No. 5 of 2022) [2023] UGHCLD 115 (27 January 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 5 of 2022

Judge

Byaruhanga Rugyema, J

The High Court varied and set aside an ex parte temporary injunction over disputed land, finding it had gone beyond preserving the status quo and prejudiced both sides.

• Temporary Injunctions
• Review Of Exparte Orders
• Customary Land Rights
• Status Quo Preservation
• Temporary-injunctions
• Review-of-ex-parte-orders