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27 Jun 2025

Land And Property [2025] UGHC 476

Nassimu Moses and Another v Mugambe Sam

Nassimu Moses and Another v Mugambe Sam (Civil Suit No. 68 of 2023) [2025] UGHC 476 (27 June 2025)

Court: High Court of Uganda
Case number: Civil Suit No. 68 of 2023
Judge: Bukirwa, J

The court found that a valid contract of sale of land existed between the plaintiffs and the defendant, evidenced by the written agreement and part payments made by the plaintiffs. The defendant breached the contract by selling the suit land to third parties despite having received substantial payment from the plaintiffs and failing to hand over possession or refund the money. The defendant's conduct amounted to fraud as he intentionally concealed third party claims and induced the plaintiffs into the contract, depriving them of their equitable interest in the land. The court relied on statut…

Source excerpt

Breach Of Contract
Fraud In Land Transactions
Sale Of Land
Equitable Title
Remedies For Breach

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28 Apr 2023

Land And Property [2023] UGHCCD 183

Byomuhangi v Twesiime

Byomuhangi v Twesiime (Civil Appeal 5 of 2022) [2023] UGHCCD 183 (28 April 2023)

Court: HC: Civil Division (Uganda)
Case number: Civil Appeal 5 of 2022
Judge: Mugabo, J

The court found that both the appellant and respondent derived their claims from purchase agreements executed by their respective late fathers, dated a year apart and referring to the same land. Applying the equitable maxim that where there are two equal equities, the first in time prevails, the court held that the respondent's late father, having purchased the land in 1981, had a superior equitable title over the appellant's late father, who purchased in 1982. The court also noted inconsistencies in the appellant's evidence regarding possession and inheritance, and found the respondent's cla…