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Uganda decisions
Decisions matching the current search
Atukwasa v Commissioner Land Registration (Misc Cause 346 of 2023) [2024] UGHCLD 16 (12 January 2024)
The High Court dismissed an application for a vesting order over land, finding the property was expropriated and subject to the Custodian Board’s management.
Erukana Kuwe v Vashrambhai Damji Vadher (Civil Appeal 42 of 2000) [2001] UGCA 34 (21 September 2001)
The Court of Appeal held that the trial Judge properly exercised her discretion in granting relief against forfeiture to the respondent. Although breaches of the lease were established, the respondent's inability to perform arose from supervening expropriation and repossession circumstances beyond his control. Section 27 of the Judicature Statute provides for relief against forfeiture for non-payment of rent, and where statutory law is silent, the High Court may resort to equity under Sections 16(2) and 35 of the Judicature Statute. The appellant's actions, including refusal to accept rent an…
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Aida Mbwali v Aruindbhai Popat (CIVIL SUIT NO. 19/94) [1996] UGHCCD 1 (29 April 1996)
The court found that the suit property was validly transferred by Khimji Jethwabhai Tailor to the plaintiff before his departure, supported by credible evidence and the absence of fraud. The property was not subject to the Departed Asians Property Custodian Board Decree or the Expropriated Properties Act, as proper arrangements for its management were made and it was never lawfully vested in the government. The marriage between Khimji and the plaintiff was held valid under Hindu custom and law, and the plaintiff was entitled to protection as a registered owner. The repossession certificate is…
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Combined Building Co. Limited v Mukasa & 3 Others (Civil Suit 45 of 1994) [1994] UGHC 63 (22 June 1994)
The High Court granted the applicant unconditional leave to defend a rent arrears and forfeiture suit, finding triable issues and procedural irregularities in the affidavits.
