Uganda Case Law

Dorina Akera v Jererimson Okema Opira and Irene Opira

Dorina Akera v Jererimson Okema Opira and Irene Opira (Civil Appeal No. 194/ of 2023) [2025] UGHC 373 (4 June 2025)

Court

High Court of Uganda

Case number

Civil Appeal No. 194/ of 2023

Judge

Mwaka, J

The High Court found that the trial magistrate properly exercised discretion in granting review of the judgment in Civil Suit No. 034/2016. The respondents, as administrators of the estate of the late Opira Jeremiah Lucas, demonstrated a sufficient nexus and interest in the suit land, and their exclusion from the original proceedings constituted an error apparent on the face of the record. The court held that the principles of natural justice and substantive justice required that all parties with a legitimate interest be heard, especially in cases involving customary land tenure where boundar…

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• Review Of Judgment
• Joinder Of Parties
• Error Apparent On Record
• Locus Standi
• Customary Land Tenure

Kemitare & Another v Kanyaruju

Kemitare & Another v Kanyaruju (Civil Appeal 26 of 2013) [2025] UGHC 316 (22 May 2025)

Court

High Court of Uganda

Case number

Civil Appeal 26 of 2013

Judge

Karoli Lwanga Ssemogerere, J

The High Court dismissed a land appeal, upholding findings that the respondent proved ownership and trespass, and that the trial court properly evaluated the evidence.

• Land Ownership Disputes
• Boundary Encroachment
• Burden Of Proof
• Customary Land Tenure
• Land-ownership-disputes
• Boundary-encroachment

Centenary Rural Development Bank Limited v Kwesiga (HCT-05-CV-CA 59 of 2022)

Centenary Rural Development Bank Limited v Kwesiga (HCT-05-CV-CA 59 of 2022) [2025] UGHC 69 (20 February 2025)

Court

High Court of Uganda

Case number

HCT-05-CV-CA 59 of 2022

Judge

Allan Nshimye, J

The High Court found that the trial Magistrate erred in striking out the Appellant's affidavit in reply, as a principal officer with knowledge of the facts may depone such an affidavit. The Respondent's application, though lacking reference to the Mortgage Act, was not defective as it was properly brought under Section 98 of the Civil Procedure Act and Order 52 of the Civil Procedure Rules, and no injustice was occasioned. Critically, the court distinguished between an informal mortgage on customary land and an informal equitable mortgage based on unregistered interest in land, holding that t…

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• Mortgage Enforcement
• Informal Equitable Mortgage
• Customary Land Tenure
• Affidavit Authority
• Appeal Timeliness
• Contractual Obligations

Baluku Alai Juma v Thembo Wilson Mugoha

Baluku Alai Juma v Thembo Wilson Mugoha (Criminal Session 6 of 2024) [2025] UGHC 400 (18 February 2025)

Court

High Court of Uganda

Case number

Criminal Session 6 of 2024

Judge

David S.L. Makumbi, J

The appeal succeeded in part because the lower court erred by relying on a purchase agreement that was never formally admitted in evidence, thereby denying the Defendant a fair opportunity to challenge its authenticity and admissibility. The Plaintiff's case was premised on ownership by virtue of purchase, but neither the original nor a properly admitted copy of the purchase agreement was produced. The lower court's reliance on this document, despite its questionable authenticity and lack of formal admission, meant the Plaintiff failed to discharge the burden of proof. The appellate court set…

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• Customary Land Tenure
• Ownership Disputes
• Burden Of Proof
• Admissibility Of Evidence

Kaye & 2 Others v Nansamba

Kaye & 2 Others v Nansamba (Civil Appeal 36 of 2024) [2025] UGHC 59 (31 January 2025)

Court

High Court of Uganda

Case number

Civil Appeal 36 of 2024

Judge

Karemani Jamson K, J

High Court appeal allowed after finding the trial magistrate lacked jurisdiction because the land dispute exceeded the monetary limit and was not purely customary.

• Jurisdiction Of Magistrates
• Pecuniary Limits
• Customary Land Tenure
• Registration Of Titles
• Trespass To Land
• Jurisdiction

Okello v Akello and Another

Okello v Akello and Another (Civil Appeal 135 of 2021) [2025] UGHC 38 (31 January 2025)

Court

High Court of Uganda

Case number

Civil Appeal 135 of 2021

Judge

Mwaka, J

The High Court dismissed a land appeal, holding the appellant failed to prove ownership or trespass, and setting aside the trial court’s declaration of customary ownership for the respondents.

• Customary Land Tenure
• Burden Of Proof
• Trespass To Land
• Succession And Inheritance
• Customary-land-tenure
• Trespass-to-land

Mityangana v Musani & Another

Mityangana v Musani & Another (Civil Appeal 73 of 2023) [2024] UGHC 1074 (25 November 2024)

Court

High Court of Uganda

Case number

Civil Appeal 73 of 2023

Judge

Lubega, J

The High Court allowed an appeal over customary land ownership, finding the trial court misapplied the law and evidence and set aside the lower judgment.

• Customary Land Tenure
• Ownership Disputes
• Evaluation Of Evidence
• Locus Visit Procedure
• Customary-land-tenure
• Land-ownership-dispute

Ayella v Okum & 2 Others

Ayella v Okum & 2 Others (Miscellaneous Application 64 of 2024) [2024] UGHC 1022 (31 October 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 64 of 2024

Judge

Mwaka, J

The Court found that the Applicant, as sole surviving Appellant, failed to establish sufficient cause for the appointment of the 1st and 2nd Respondents as Administratrix and Administrator Ad Litem. The absence of affirmative action, consensus, or expressed interest from the beneficiaries of the deceased Appellants rendered the application inappropriate. The Court emphasized that the survivability of the cause of action in land matters does not automatically devolve to the sole surviving Appellant, nor does it justify the appointment of legal representatives without legitimacy or consensus am…

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• Letters Of Administration Ad Litem
• Substitution Of Parties
• Survivability Of Cause Of Action
• Customary Land Tenure
• Appeal Procedure
• Beneficiary Consensus

Banage Tibetta Tito and 3 Others

Banage Tibetta Tito and 3 Others (Civil Appeal 38 of 2023) [2024] UGHC 1167 (18 October 2024)

Court

High Court of Uganda

Case number

Civil Appeal 38 of 2023

Judge

Byaruhanga Rugyema, J

The High Court allowed a land appeal, set aside the magistrate’s judgment, and held that the suit land at Rukaiga-Kikoboza belonged to the appellant.

• Customary Land Tenure
• Conversion To Freehold
• Family Land Disputes
• Trespass To Land
• Evidence Evaluation
• Land-and-property

Mbabazi v Kamanyire and Another

Mbabazi v Kamanyire and Another (Civil Appeal 13 of 2021) [2024] UGHC 876 (30 August 2024)

Court

High Court of Uganda

Case number

Civil Appeal 13 of 2021

Judge

Byaruhanga Rugyema, J

The High Court allowed a land appeal, holding that the disputed land was personally owned by the late Baturumayo Kisoro Kibi, not Basiita clan land.

• Customary Land Tenure
• Clan Land Disputes
• Sale Of Land
• Trespass
• Evidence Evaluation
• Customary-land-tenure