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Uganda decisions
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Kasekende George v Sanya Charles (Civil Appeal 33 of 2024) [2025] UGHCLD 69 (21 May 2025)
The High Court allowed a land appeal, set aside the lower court’s judgment, and held that the respondent had not proved a lawful Kibanja interest or valid authority to sell.
Kissa v Chesang (Civil Appeal 56 of 2024) [2025] UGHC 50 (19 February 2025)
The High Court dismissed a land appeal, upholding the finding that the respondent was the lawful owner and not a trespasser, and confirming costs against the appellant.
Metropole Holdings Limited v Uganda Land Commission and Another (Civil Suit 132 of 2013) [2024] UGHCLD 221 (23 August 2024)
The court found that the Uganda Land Commission erroneously allocated land to the plaintiff's predecessor in title when the land was not available for allocation, as it was already leased to another party. Although the Commission admitted the error, the lease agreement between the plaintiff and the Commission was void ab initio, extinguishing any contractual or equitable right to indemnification. The plaintiff failed to prove it conducted reasonable due diligence before purchasing the land, and thus did not qualify as a bonafide purchaser for value without notice. The court held that both par…
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Kaggwa v Musiimenta (Civil Appeal 10 of 2022) [2024] UGSC 41 (20 June 2024)
The Supreme Court upheld findings that the appellant was not a bona fide purchaser for value without notice, and dismissed the appeal with costs.
Wakabi v Centenary Rural Development Bank Limited (Civil Suit 653 of 2019) [2024] UGCommC 250 (9 May 2024)
The contract for sale of land between the Plaintiff and Defendant was void ab initio due to a fundamental mistake of fact regarding the status of the land, which was gazetted as a forest reserve and not available for sale. Both parties acted under the mistaken belief that the land belonged to Matovu Timothy and was available for transfer. The Defendant conducted reasonable due diligence, including searches and surveys, which did not reveal the gazetting. The Plaintiff failed to carry out his own due diligence prior to purchase and did not request or inspect the certificate of title until afte…
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Nalule (as Administratrix of the late Kyeyune ) v Yahaya Doka and Another (Civil Appeal No. 2043 of 2016) [2022] UGHCLD 175 (9 September 2022)
The High Court found that the trial magistrate erred in law and fact by failing to adequately evaluate the evidence regarding the validity of the land transaction, the specific plot in dispute, and the conduct of due diligence. While the law allows retrospective validation of an administrator's actions upon grant of letters of administration, such validation does not extend to actions detrimental to the estate or its beneficiaries. The respondents failed to prove they acquired valid title under the Registration of Titles Act, as they were not registered proprietors and the evidence did not cl…
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Mugisa and Another v Nyangoma and Anor (Appeal No. 40 of 2013) [2022] UGHCLD 66 (13 April 2022)
A land appeal over a boundary dispute in Hoima was dismissed. The High Court upheld the trial court’s finding of trespass, but limited eviction to the 1-acre encroached portion.
Jalia Namuzige v Attorney General (Civil Suit No. 67 of 2013) [2022] UGHC 7 (18 February 2022)
The court found that the Plaintiff, being 15 years old at the time of the land sale agreement, lacked legal capacity to contract under Ugandan law and common law principles. The contract was therefore void ab initio. Additionally, the Defendant's agents were aware of the Plaintiff's minority status, and the sale was further tainted by procedural irregularities, including failure to communicate revocation of a prior offer to another party and lack of due diligence by the Plaintiff. As a result, there was no valid contract to breach, and the Plaintiff was not entitled to the substantive remedie…
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Bakileta and 3 Others v Kwizera and 2 Others (Civil Appeal No. 104 of 2018) [2021] UGHCLD 183 (15 December 2021)
The High Court held that the kibanja was matrimonial property, found the respondents had not made proper inquiries, and allowed the appeal in part.
Outa Omoda v Agwang (Civil Appeal No. 25 of 2020) [2021] UGHCCD 48 (9 July 2021)
The High Court found that the appellant failed to conduct adequate due diligence regarding the ownership of the suit land, as required by law for purchasers of unregistered land. The evidence established that the respondent was the true owner, having received the land as a gift inter vivos from her grandfather, and that her mother and Okello Charles Richard were merely caretakers without authority to sell. The consent form relied upon by the appellant was invalid under the Illiterates Protection Act, as there was no evidence that the respondent's mother could read and understand the language…
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