Uganda Case Law

Adokorach v Kaunda & 4 Others

Adokorach v Kaunda & 4 Others (Miscellaneous Cause 9 of 2024) [2024] UGHC 961 (4 October 2024)

Court

High Court of Uganda

Case number

Miscellaneous Cause 9 of 2024

Judge

Okello, J

The court found that the Applicant failed to prove, on the balance of probabilities, that the deceased made a credible and binding wish to be buried at Pabit Village, Unyama Sub County. The documents and testimonies presented by the Applicant were found to be unreliable, lacking independent corroboration, and tainted by conflicts of interest. Furthermore, the land in Pabit Village was determined to be company property (NJITM Ltd), not the personal property of the deceased, and no company resolution permitted burial there. The court held that the family burial ground in Owak Cell, Agonga Ward,…

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• Burial Disputes
• Intestate Death
• Family Relationships
• Customary Law
• Injunctive Relief

Semugoma & Another v Administrator General & 3 Others

Semugoma & Another v Administrator General & 3 Others (Civil Suit 10 of 2018) [2024] UGHC 298 (25 April 2024)

Court

High Court of Uganda

Case number

Civil Suit 10 of 2018

Judge

Tweyanze, J

The High Court in Masaka held that Peter Semugoma proved title by adverse possession over land from the estate of Atanansi Lwayiisa, and found the defendants trespassers.

• Adverse Possession
• Succession And Inheritance
• Trespass To Land
• Customary Law
• Limitation Of Actions
• Adverse-possession

Ekonga v Uganda

Ekonga v Uganda (Criminal Appeal 332 of 2017) [2023] UGCA 179 (3 July 2023)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal 332 of 2017

Judge

Egonda-Ntende, JA, Mulyagonja, JA, Bamugemereire, JA

The Court of Appeal reduced a murder sentence from 28 years to 13 years after finding the guilty plea had not been properly weighted in sentencing.

• Sentencing Guidelines
• Mitigating Factors
• Guilty Plea
• Customary Law
• Restorative Justice
• Criminal-sentencing

Musiime v Umar and Others

Musiime v Umar and Others (Civil Suit No. 10 of 2018) [2020] UGHCCRD 163 (27 August 2020)

Court

HC: Criminal Division (Uganda)

Case number

Civil Suit No. 10 of 2018

Judge

Asiimwe, J

The court found that succession to the Ankole kingship is strictly governed by customary law, which requires descent from a reigning king and adherence to established rituals and traditions. The 1st defendant failed to prove that he satisfied these requirements, as his father was never a king and there was no evidence that his appointment was conducted by recognized clan leaders. The court also found that the claim of kingly marks as a basis for kingship was unsupported by Ankole custom. Furthermore, the 1st defendant was not recognized by the government as required by law. Consequently, the…

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• Traditional Leadership
• Customary Law
• Declaratory Orders
• Injunctions

Kyeyago & 2 Ors Vs Kyeyago & 2 Ors

Kyeyago & 2 Ors Vs Kyeyago & 2 Ors (Civil Appeal No. 080 of 2011) [2015] UGHCCD 151 (3 July 2015)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal No. 080 of 2011

Judge

Namundi, J

The High Court allowed an appeal over disputed land, holding that a 1982 sale was governed by then-applicable law and not later consent requirements.

• Family Land
• Customary Law
• Retrospective Application
• Land Sale Agreements
• Land-and-property
• Customary-law

Cranmer Sajjabi Imaka v David Kawune Wakhooli

Cranmer Sajjabi Imaka v David Kawune Wakhooli (Constitutional Petition Application No. 6 of 2008) [2008] UGCC 5 (29 October 2008)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition Application No. 6 of 2008

The Constitutional Court granted a temporary injunction stopping elections for the next Kyabazinga of Busoga pending determination of the related constitutional petition.

• Temporary Injunction
• Traditional Leadership Disputes
• Customary Law
• Election Of Cultural Leaders
• Temporary-injunction
• Traditional-leadership-disputes

Rukiidi and 2 Others v Katuramu and 3 Others (H.C.C.S. NO. 598 OF 1996)

Rukiidi and 2 Others v Katuramu and 3 Others (H.C.C.S. NO. 598 OF 1996) [1999] UGHC 49 (13 July 1999)

Court

High Court of Uganda

Case number

H.C.C.S. NO. 598 OF 1996

Judge

Bossa, J

The court found that the institution of regency existed in Tooro culture prior to and after the 1962 Constitution, and was codified therein. The Orukurato, as the cultural assembly, had the legal capacity to appoint regents when the Omukama was an infant and unable to do so himself. The regents were validly elected by a properly constituted Orukurato and are lawful regents. Their authority is limited to non-ritualistic functions, and there was no credible evidence that they performed ritualistic functions reserved for the Omukama. The claim that the late Omukama orally appointed a guardian to…

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• Customary Law
• Succession Of Traditional Leadership
• Cultural Institutions
• Burden Of Proof
• Appointment Of Regents

Gidagurija and Another v Regina

Gidagurija and Another v Regina (Criminal Appeals Nos. 172 and 173 of 1952) [1952] EACA 253 (1 January 1952)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 172 and 173 of 1952

Judges

Nihill P, Worley VP

The Court found that the interpreter did not act in a police capacity and took exceptional care to ensure the statements were voluntary and properly interpreted. The extra-judicial statements were therefore admissible. For Gamunga, the combination of his presence at the scene, failure to dissociate from the murder, post-crime association with the killer, and his claim for 'gimarda' as a reward for the killing provided sufficient corroboration and supported the trial judge's finding of guilt. For Waida, however, the evidence was insufficient to establish his guilt beyond reasonable doubt. His…

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• Murder
• Admissibility Of Confession
• Customary Law
• Aiding And Abetting
• Rules Of Evidence

Bakhshuwen and Another v Mohamed

Bakhshuwen and Another v Mohamed (Civil Appeal No. 33 of 1948) [1949] EACA 3 (1 January 1949)

Court

East African Court of Appeal

Case number

Civil Appeal No. 33 of 1948

Judge

Bourke J, Edwards CJ, Nihill P

The Court of Appeal held that the wakfs created by the respondent, which provided for the benefit of his daughters and their descendants in perpetuity with an ultimate gift to mosques, are invalid under the law applicable in Kenya. The Court found that the principles governing the validity of such wakfs are the same across the Shafi, Hanafi, and Ibathi schools of Mohammedan law, and that the binding authority of the Privy Council decision in Abul Fata Mohamed Ishak v. Russomoy Dhur Chowdhry precludes the recognition of such wakfs as valid. The Court further held that subsequent validating leg…

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• Wakf Validity
• Mohammedan Law Application
• Perpetuity In Trusts
• Personal Status
• Judicial Precedent
• Customary Law

Leseret v Ibrahim (C.C. 42/1929 (Eldoret).)

Leseret v Ibrahim (C.C. 42/1929 (Eldoret).) [1929] EACA 50 (1 January 1929)

Court

East African Court of Appeal

Case number

C.C. 42/1929 (Eldoret).

Judges

Barth, C.J (Kenya)

The court held that, under Masai custom, the deceased’s brother was entitled to custody of the children and cattle, despite the children being raised as Muslims.

• Customary Law
• Custody Of Children
• Inheritance Of Property
• Masai Custom
• Customary-law
• Child-custody