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16 Jun 2023

Land And Property [2023] UGHCLD 150

Jjumba and Another v Semuyinde and Another

Jjumba and Another v Semuyinde and Another (Civil Suit 849 of 2018) [2023] UGHCLD 150 (16 June 2023)

Court: HC: Land Division (Uganda)
Case number: Civil Suit 849 of 2018
Judge: Bernard Namanya, J

The court found that Jjumba Ronald is the son of the late Fred Kafeero Mugagga, as evidenced by his birth certificate, and that Justine Muyanja Kafeero is the widow based on oral evidence of customary marriage, despite non-registration. The bequest to Fred Kafeero Mugagga in the Will of Ssezi Musoke Ssalongo did not lapse when Fred predeceased the testator, because Section 96 of the Succession Act (Cap 162) provides that if a child beneficiary dies before the testator but leaves a lineal descendant, the bequest passes to that descendant. Jjumba Ronald, as the sole surviving son, is legally en…

Source excerpt

Succession Act Interpretation
Anti Lapse Bequest
Customary Marriage Evidence
Probate And Administration
Compulsory Acquisition Compensation

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10 Apr 2014

Land And Property [2014] UGHCLD 139

Helen Kipsoy Wafula V Equity Bank (U) Limited & Another

Helen Kipsoy Wafula V Equity Bank (U) Limited & Another (Civil Suit No. 153 of 2013) [2014] UGHCLD 139 (10 April 2014)

Court: HC: Land Division (Uganda)
Case number: Civil Suit No. 153 of 2013
Judge: Owiny-Dollo, J

The Plaintiff failed to discharge the burden of proof that she was lawfully married to the 2nd Defendant, as required by section 106 of the Evidence Act. No credible documentary or oral evidence was adduced to establish the existence of a customary marriage. The suit property was not a matrimonial home within the meaning of section 2 of the Mortgage Act, as it was acquired and developed for commercial purposes and not as the ordinary residence of a family. The lawful wife, Sarah Sheila Wanyoto Wafula, provided spousal consent, and there was no legal requirement for the Plaintiff's consent. Th…