Uganda Case Law

Byaruhanga & 2499 Ors Vs Attorney General & Anor (HCT – 01 – CV – CS – 020 OF 2003)

Byaruhanga & 2499 Ors Vs Attorney General & Anor (HCT – 01 – CV – CS – 020 OF 2003) [2019] UGHCCD 114 (28 May 2019)

Court

HC: Civil Division (Uganda)

Case number

HCT – 01 – CV – CS – 020 OF 2003

Judge

Musene, J

The plaintiffs were lawfully allocated and settled on the suit land by the government in 1971, developed the land, and lived there for over 20 years. Their eviction in 1990 was violent, inhumane, and unlawful, lacking proper notice and compensation. The suit was not time barred due to disabilities arising from the eviction and ongoing government promises. The technical assessment and valuation report, though based on 2014/2015 rates, was credible and unchallenged, and the court found the plaintiffs suffered substantial losses. The defendants failed to produce contrary evidence or a government…

Source excerpt

• Eviction Of Occupants
• Compensation For Land
• Limitation Periods
• Damages For Unlawful Eviction
• Government Liability
• Interest On Judgment Debt

Masika & 4 Ors Vs Attorney General

Masika & 4 Ors Vs Attorney General (CIVIL SUIT No. 010 OF 2009) [2012] UGHCCD 9 (25 April 2012)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT No. 010 OF 2009

Judge

Owiny-Dollo, J

The High Court held that the plaintiffs proved ownership of the disputed Kasese lands and that their eviction by Government was unlawful, awarding possession, injunctions, and damages.

• Eviction Of Land Owners
• Customary Land Tenure
• Government Land Acquisition
• Compulsory Deprivation Of Property
• Constitutional Property Rights
• Damages For Unlawful Eviction

National Forest Authority v Kiwanka

National Forest Authority v Kiwanka (Civil Appeal No. 05/2009) [2010] UGCA 56 (9 April 2010)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 05/2009

Judge

Mpagi-Bahigeine, JA, Twinomujuni, JA, Kitumba, JA

The court held that Statutory Instrument No. 63 of 1998 lawfully degazetted 13.6 hectares from Kyewaga Central Forest Reserve, which constituted the suit land. The respondent's certificate of title, acquired after diligent search and due process, was indefeasible in the absence of fraud, which the appellant failed to prove. The respondent was a bona fide purchaser for value without notice. The appellant's eviction of the respondent was unlawful, entitling the respondent to general damages for trespass and inconvenience, and interest on the loan facility taken to purchase the land. The award o…

Source excerpt

• Degazettement Of Forest Reserve
• Indefeasibility Of Title
• Trespass To Land
• Damages For Unlawful Eviction
• Burden Of Proof
• Remedies For Land Disputes