Uganda Case Law

Dr. Michael Ntege and Another v Ismail Kabali and Others

Dr. Michael Ntege and Another v Ismail Kabali and Others (Civil Suit No. 808 of 2007) [2025] UGHCLD 135 (14 July 2025)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 808 of 2007

Judge

Kenyange Susan, J

The High Court held that the estate of Kalanzi had an equitable interest, the counterclaimants acquired none, and the plaintiffs’ title was not protected as bona fide without notice.

• Equitable Interest In Land
• Bona Fide Purchaser
• Registration Of Titles
• Land Occupation And Possession
• Fraud In Land Transactions
• Equitable-interest-in-land

Lutaaya and Others v DFCU Bank Uganda Limited and Others

Lutaaya and Others v DFCU Bank Uganda Limited and Others (Civil Suit 616 of 2020) [2025] UGCommC 76 (30 April 2025)

Court

Commercial Court of Uganda

Case number

Civil Suit 616 of 2020

Judge

Abinyo, J

The Court found that DFCU Bank, by virtue of the Purchase and Assumption Agreement and its own correspondence, was the successor in title to Global Trust Bank for the relevant assets and liabilities, including the suit land. The Plaintiffs established an equitable interest in the subdivided land returned to Hosanna Real Estates Ltd under the consent decree. DFCU Bank's refusal to issue a release of mortgage and the Commissioner Land Registration's failure to transfer titles violated the Plaintiffs' rights. The Court rejected the Defendants' arguments on privity and lack of liability, holding…

Source excerpt

• Mortgage Release
• Successor In Title
• Privity Of Contract
• Liquidation Of Bank
• Equitable Interest In Land
• Mutation And Subdivision

Hofokam Limited v Tibagwa (suing throgh her lawful attorney kusiima)

Hofokam Limited v Tibagwa (suing throgh her lawful attorney kusiima) (Miscellaneous Application 102 of 2024) [2025] UGHC 93 (17 January 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 102 of 2024

Judge

Byaruhanga Rugyema, J

The High Court at Hoima dismissed Hofokam Ltd’s preliminary objections, finding the plaint disclosed a cause of action, was not res judicata, and was not time-barred.

• Fraudulent Acquisition Of Title
• Equitable Interest In Land
• Res Judicata
• Statute Of Limitations
• Cause Of Action
• Permanent Injunction

Katerega v Bamwiite and Others

Katerega v Bamwiite and Others (Civil Suit 573 of 2020) [2024] UGHCLD 183 (5 July 2024)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 573 of 2020

Judge

Busingye, J

Neither the plaintiff nor the defendant/counterclaimant acquired any valid legal or equitable interest in the suit land, as the 1st counter-defendant was neither a registered proprietor nor a lawful occupant and lacked authority to transfer interest. The memorandum of understanding relied upon by both parties was invalid for want of landlord consent, contravening Section 34 of the Land Act. The 2nd counter-defendant lawfully acquired title through a valid transaction with the lawful occupant and with the registered proprietor's consent, as evidenced by the certificates of title and compliance…

Source excerpt

• Trespass To Land
• Caveats And Land Registration
• Equitable Interest In Land
• Specific Performance
• Remedies And Costs

TSMP (U) Limited v Commissioner Land Registration & 2 Others

TSMP (U) Limited v Commissioner Land Registration & 2 Others (Civil Suit 14 of 2016) [2024] UGHC 318 (14 May 2024)

Court

High Court of Uganda

Case number

Civil Suit 14 of 2016

Judge

Bukirwa, J

The court found that Jinja Garage Ltd lawfully repossessed the suit property by ministerial letter, which sufficed as a certificate of repossession. The Plaintiff's purchase of the property was valid and enforceable, being voidable only at the Minister's instance, which was never exercised. The lease expired in 2004, reverting the land to the Jinja District Land Board, but the Plaintiff remained in possession as a tenant at will, acquiring an equitable interest and legitimate expectation for renewal. The Defendants did not trespass, as the Plaintiff failed to prove unlawful entry. However, th…

Source excerpt

• Expropriated Properties Act
• Lease Expiry And Renewal
• Fraudulent Land Registration
• Equitable Interest In Land
• Legitimate Expectation
• Remedies And Damages

Kagiri and Another v Tamale and 2 Others

Kagiri and Another v Tamale and 2 Others (Civil Suit 382 of 2020) [2024] UGHCLD 11 (12 January 2024)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 382 of 2020

Judge

Keitirima, J

The plaintiffs proved that they purchased the suit land from the late Stanley Sentongo, took possession, and constructed a house prior to the registration of the defendants' interests. The evidence, including sale agreements and corroborating witnesses, established the plaintiffs' equitable interest in the land. The defendants' subsequent registration was subject to the plaintiffs' prior equitable rights, and the defendants failed to conduct due diligence despite the plaintiffs' physical occupation. The court found that the plaintiffs are the lawful owners of the portion of land they purchase…

Source excerpt

• Equitable Interest In Land
• Fraudulent Transfer
• Trespass To Land
• Registration Of Title
• Joint Administration Of Estate

Sekubwa v Tinkasimire & 7 Others

Sekubwa v Tinkasimire & 7 Others (Miscellaneous Application 3070 of 2023) [2023] UGHCLD 449 (29 November 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 3070 of 2023

Judge

Naluzze Aisha Batala, J

The applicant has demonstrated a subsisting equitable interest in the suit land, as established by prior court orders cancelling the subdivision and restoring title to him. The orders sought in civil suit No.620 of 2021 would affect the applicant's interests, making his presence necessary for the complete and effective adjudication of all questions involved. The law under Order 1 Rule 10(2) of the Civil Procedure Rules and relevant case law supports the addition of a party whose interests are directly affected, regardless of whether there is a cause of action against them. Joinder is also jus…

Source excerpt

• Joinder Of Parties
• Equitable Interest In Land
• Subdivision Of Land
• Cancellation Of Title
• Multiplicity Of Suits

Nampinga v Lubega and 2 Others

Nampinga v Lubega and 2 Others (Civil Suit No. 751 of 2018) [2023] UGHCLD 57 (10 March 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 751 of 2018

Judge

Bernard Namanya, J

The court found that the plaintiff acquired an equitable interest in 6 acres of the suit land through a contract of sale in 2006, validated when the sellers became registered proprietors in 2012. The sellers, as trustees, were legally obliged to preserve the plaintiff's interest and could not sell the same land to the 1st defendant in 2009. The 1st defendant was aware of the plaintiff's prior purchase and occupation, yet procured registration as proprietor to defeat her equitable interest, amounting to fraud under Ugandan law. The court held that the plaintiff is the lawful owner of 6 acres,…

Source excerpt

• Fraudulent Land Acquisition
• Equitable Interest In Land
• Registration Of Titles
• Succession And Administration Of Estates
• Trespass To Land

Kiyaga v Hoima District Land Board and Another

Kiyaga v Hoima District Land Board and Another (Civil Suit No. 26 of 2023) [2023] UGHCLD 112 (2 March 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 26 of 2023

Judge

Byaruhanga Rugyema, J

The High Court held that the 2nd defendant lawfully acquired and converted the suit land, rejected fraud, and dismissed the plaintiff’s claim for title cancellation.

• Land Title Cancellation
• Fraudulent Acquisition Of Land
• Leasehold And Freehold Conversion
• Trespass To Land
• Equitable Interest In Land
• Land-title-cancellation

Male v Nsubuga and Another

Male v Nsubuga and Another (Civil Suit No. 240 of 2008) [2022] UGHCLD 116 (31 May 2022)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 240 of 2008

Judge

Nkonge, J

The High Court partly upheld a land dispute, finding the plaintiff failed to prove a valid purchase of seven acres, but also finding unauthorized estate disposal fraudulent.

• Fraud In Land Transactions
• Bona Fide Purchaser
• Succession And Administration Of Estates
• Registration Of Titles
• Capacity To Contract
• Equitable Interest In Land