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21 Mar 2024

Land And Property [2024] UGHC 130

Kumi Vocational Institute v Okodel t/a star light secondary school and 2 Others

Kumi Vocational Institute v Okodel t/a star light secondary school and 2 Others (Civil Appeal 80 of 2023) [2024] UGHC 130 (21 March 2024)

Court: High Court of Uganda
Case number: Civil Appeal 80 of 2023
Judge: Adonyo, J

The High Court found that at the time of the purported allocation of the suit land to the appellant by Nyero Sub-county in November 1998, the legal regime had shifted due to the commencement of the Land Act, 1998, which vested allocation powers for public land in the District Land Board. The appellant failed to adduce cogent evidence that Nyero Sub-county owned the land or that the parish chiefs had validly donated it to the sub-county. The allocation by Nyero Sub-county was therefore irregular and void ab initio, as it was not the proper authority under the law. The subsequent actions of the…

Source excerpt

Allocation Of Public Land
Powers Of Local Government
District Land Board Authority
Trespass To Land
Burden Of Proof
Costs Award

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24 May 2021

Land And Property [2021] UGCA 123

Kanyanya v Owori

Kanyanya v Owori (Civil Appeal No. 11 of 2013) [2021] UGCA 123 (24 May 2021)

Court: Court of Appeal of Uganda
Case number: Civil Appeal No. 11 of 2013
Judge: Kakuru, JA, Madrama, JA, Kiryabwire, JA

The Court of Appeal held that the Tororo District Land Board had no legal authority to allocate or lease the suit property after the expiry of the appellant's lease, as statutory leases to urban authorities were abolished by Article 286 of the 1995 Constitution. The suit property vested in the appellant upon the passing of the Constitution, and the District Land Board's purported lease to the respondent was invalid. The appellant, having remained in possession and invested in the property, retained a revisionary interest and was entitled to apply for freehold or recognition of ownership. The…