Uganda Case Law

Kaliisa v Kaahwa and Another

Kaliisa v Kaahwa and Another (Miscellaneous Application 35 of 2023) [2024] UGHC 472 (7 June 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 35 of 2023

Judge

Byaruhanga Rugyema, J

The court found that HCCS No. 60 of 2023 was not filed in abuse of court process. The multiplicity of suits arose from different circumstances: the first suit was filed by the respondents as administrators before surrendering the letters of administration, and the second suit was filed as beneficiaries after the surrender. The respondents' application to withdraw the first suit demonstrated their intent to avoid multiplicity and proceed with only one suit. The ownership of the disputed plot is a contentious triable issue requiring judicial inquiry. The surrender of the letters of administrati…

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• Abuse Of Court Process
• Letters Of Administration
• Estate Disputes
• Ownership Of Land
• Revocation Of Grant
• Succession Law

Kabwijukya and Another v Katusabe

Kabwijukya and Another v Katusabe (Miscellaneous Application 4 of 2024) [2024] UGHC 471 (31 May 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 4 of 2024

Judge

Byaruhanga Rugyema, J

The High Court at Hoima dismissed an application to reinstate an appeal dismissed for want of prosecution, finding no sufficient cause and the wrong procedure used.

• Ex Parte Judgment
• Appeal Reinstatement
• Sufficient Cause
• Default Judgment
• Estate Disputes
• Appeal-reinstatement

Nakimbugwe Annet Kato suing through her lawful attorney Nabaka Joan v Ssenyimba Raphael Maawagga

Nakimbugwe Annet Kato suing through her lawful attorney Nabaka Joan v Ssenyimba Raphael Maawagga (Miscellaneous Application 458 of 2022) [2024] UGHCFD 3 (15 January 2024)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 458 of 2022

Judge

Echookit, J

The court found that there is serious contention regarding the circumstances under which the Respondent obtained the Letters of Administration and the determination of the properties forming part of the estate. The Applicant raised triable issues of fraud, exclusion of beneficiaries, and misrepresentation of the estate's assets. Given the ongoing consolidated suits and the risk of estate property being wasted or transferred, the court held that it is prudent to order the Respondent to return the Letters of Administration to court and to stop any further dealings in the estate property until t…

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• Letters Of Administration
• Revocation Of Grant
• Estate Disputes
• Beneficiary Rights

Bujingo and Others v Abubakari and 2 Others

Bujingo and Others v Abubakari and 2 Others (Civil Miscellaneous Application 234 of 2023) [2023] UGCA 175 (19 June 2023)

Court

Court of Appeal of Uganda

Case number

Civil Miscellaneous Application 234 of 2023

Judges

Kihika, JA

The application for an interim stay of execution was dismissed on the basis that the supporting affidavit sworn by the first applicant, Bujingo Ayub, was incurably defective for failing to comply with the mandatory requirements of the Illiterates Protection Act. The court found that the applicant was illiterate in English and the affidavit lacked a certificate of translation as required by statute. Attempts to cure the defect by filing a rejoinder or seeking to amend the affidavit were rejected as non-compliant with the Act and procedural fairness. Without a valid affidavit, the application w…

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• Stay Of Execution
• Affidavit Defects
• Illiterates Protection Act
• Estate Disputes
• Caveat Removal

Naigaga v Namusoke and 10 Others

Naigaga v Namusoke and 10 Others (Civil Appeal 51 of 2015) [2023] UGHCLD 285 (27 February 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal 51 of 2015

Judge

Elubu, J

The High Court allowed an appeal against a stay of the appellant’s land and estate suits, finding the parties and issues were not sufficiently identical.

• Stay Of Suit
• Letters Of Administration
• Estate Disputes
• Beneficial Interest
• Trespass
• Revocation Of Administration

Makune and Others v Bulikarara and Another

Makune and Others v Bulikarara and Another (Civil Appeal No. 91 of 2022) [2023] UGHC 16 (23 January 2023)

Court

High Court of Uganda

Case number

Civil Appeal No. 91 of 2022

Judge

Wagona, J

The court found that the appellants had established a prima facie case with a probability of success, as they presented credible evidence of having received portions of the suit land as gifts from the deceased and had made developments thereon. The respondents did not deny the destruction of crops and the threat to the appellants' occupancy. The court held that the appellants would suffer irreparable injury if the injunction was not granted, as their means of sustenance and property were at risk of being sold or disposed of by the respondents. The balance of convenience favored the appellants…

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• Temporary Injunctions
• Status Quo Preservation
• Letters Of Administration
• Estate Disputes
• Balance Of Convenience

Kyaligonza v Irumba and Others

Kyaligonza v Irumba and Others (Miscellaneous Application No. 84 of 2021) [2022] UGHCLD 111 (22 April 2022)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 84 of 2021

Judge

Byaruhanga Rugyema, J

The High Court dismissed an application for contempt, finding the applicant had not proved the respondents breached a temporary injunction over disputed land.

• Contempt Of Court
• Injunction Orders
• Possession And Eviction
• Estate Disputes
• Contempt-of-court
• Injunctions

Luggya v Kikonyoga and Another

Luggya v Kikonyoga and Another (Civil Application No. 248 of 2021) [2021] UGCA 167 (8 December 2021)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 248 of 2021

Judge

Barishaki, JA

The Court found that the affidavit in reply by the first respondent was incurably defective for lack of written authority to swear on behalf of the second respondent and struck it out. With no valid opposing affidavit, the application stood unchallenged. The Court held that an interim order of stay of proceedings could not be granted because judgment had already been delivered in the High Court, and there were no proceedings to stay. However, the applicant satisfied the requirements for an interim injunction: a competent notice of appeal was filed, a substantive application was pending, and t…

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• Interim Injunction
• Stay Of Proceedings
• Estate Disputes
• Fraudulent Registration
• Threat Of Execution

Luggya v Kikonyogo and Another

Luggya v Kikonyogo and Another (Civil Application 248 of 2021) [2021] UGCA 219 (8 December 2021)

Court

Court of Appeal of Uganda

Case number

Civil Application 248 of 2021

Judge

Barishaki-Cheborion, JA

The Court found that the affidavit in reply by the first respondent was incurably defective for lack of written authority to swear on behalf of the second respondent and struck it out. With no valid opposing affidavit, the applicant's application stood unchallenged. The Court held that a stay of proceedings could not be granted because there were no ongoing proceedings in the High Court, as judgment had already been delivered. However, the Court found that the applicant satisfied the requirements for an interim injunction: there was a competent notice of appeal, a substantive application pend…

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• Interim Injunctions
• Stay Of Proceedings
• Estate Disputes
• Fraudulent Transfer Of Land
• Appeals Process

Lukanga & 3 Ors v Kanakulya

Lukanga & 3 Ors v Kanakulya (Miscellaneous Causes No. 902 of 2014) [2015] UGHCLD 63 (16 February 2015)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Causes No. 902 of 2014

Judge

Luswata, J

The High Court allowed extension of time to serve summons, dismissed the application to strike out the suit, and stayed the land case pending a related family dispute.

• Service Of Summons
• Extension Of Time
• Procedural Irregularities
• Estate Disputes
• Service-of-summons
• Extension-of-time