Uganda Case Law

Agonzibwa Ndagano v Kampala District Land Board and Another

Agonzibwa Ndagano v Kampala District Land Board and Another (Civil Suit No. 728 of 2017) [2025] UGHCLD 118 (25 June 2025)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 728 of 2017

Judge

Busingye, J

The plaintiff, as a tenant of the former lessees, did not acquire proprietary rights or legitimate expectation to automatic allocation of the suit land upon expiry or non-renewal of the lease. The principle of legitimate expectation applies to lessees, not sub-tenants. The plaintiff failed to apply for allocation in accordance with the law and did not hold a valid power of attorney for the lessees. The 1st defendant lawfully allocated the land to the 2nd defendant after the lessees expressed disinterest and all procedural requirements under the Land Regulations were met, including due diligen…

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• Lease Allocation
• Sitting Tenant Rights
• Legitimate Expectation
• Eviction Procedure
• Fraud In Land Transactions

Ambrose Kagangure v DFCU Bank Limited and Akright Projects Ltd

Ambrose Kagangure v DFCU Bank Limited and Akright Projects Ltd (Civil Suit 388 of 2012) [2025] UGHCCD 76 (20 June 2025)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 388 of 2012

Judge

Simon Peter M. Kinobe, J

The High Court dismissed a land and mortgage dispute for want of a cause of action, holding that the plaintiff had sold the property and granted a valid power of attorney.

• Mortgage Enforcement
• Eviction Procedure
• Power Of Attorney
• Cause Of Action
• Sale Of Land
• Remedies And Costs

Ssozi and Another v Mawanda

Ssozi and Another v Mawanda (CIVIL APPEAL NO.24 OF 2023; CONSOLIDATED CIVIL APPEAL NO. 06 OF 2023) [2025] UGHC 213 (16 April 2025)

Court

High Court of Uganda

Case number

CIVIL APPEAL NO.24 OF 2023 ; CONSOLIDATED CIVIL APPEAL NO. 06 OF 2023

Judge

Tweyanze, J

The court found that the respondent, Patrick Mawanda, is a bonafide occupant of the suit Kibanja by virtue of purchasing from Christine Birabwa Nsubuga, who herself acquired the Kibanja from Leo Kamya Ssalongo, a long-term occupant. The evidence established that the respondent took possession and cultivated the land without challenge from the registered owner, satisfying the requirements of Section 29(2) and (5) of the Land Act. The appellants' argument regarding lack of written consent was rejected, as the registered owner at the time of purchase was not the current appellant, and the conduc…

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• Bonafide Occupancy
• Mailo Land Rights
• Trespass To Land
• Eviction Procedure
• Appeal Timeliness

Kitto (Administrator of the Estate of the late Dr. John Chrysostom Kiyimba Kitto) v Athena Investments Limited

Kitto (Administrator of the Estate of the late Dr. John Chrysostom Kiyimba Kitto) v Athena Investments Limited (Civil Suit 264 of 2017) [2025] UGHCLD 50 (28 March 2025)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 264 of 2017

Judge

Naluzze Aisha Batala, J

The High Court found the plaintiff was a lawful occupant of the land, held the defendant’s leasehold acquisition unlawful, and awarded damages and cancellation.

• Bonafide Occupancy
• Mailo Land
• Fraudulent Acquisition
• Trespass To Land
• Eviction Procedure
• Land-law

Syanywana Kasereka and 2 Others v Registrar of Titles and Another (HCT-01-LD-CS 21 of 2013)

Syanywana Kasereka and 2 Others v Registrar of Titles and Another (HCT-01-LD-CS 21 of 2013) [2024] UGHC 404 (19 April 2024)

Court

High Court of Uganda

Case number

HCT-01-LD-CS 21 of 2013

Judge

Wagona, J

The court found that while the plaintiffs had occupied and used the suit land for a long time, their methods of acquisition—through area chiefs or informal arrangements—did not confer customary or lawful occupancy under the prevailing law (Land Reform Decree 1975, Public Lands Act 1969). The evidence did not establish that any plaintiff held a recognized customary or statutory interest. The lease and certificate of title issued to Amon Bazira in 1982 were not proved to have been obtained by fraud or illegality attributable to him; the plaintiffs failed to adduce evidence from the Uganda Land…

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• Customary Tenure
• Leasehold Title
• Eviction Procedure
• Fraud In Land Registration
• Public Land Allocation

Hakiri & 2 Others v Attorney General & 31 Others

Hakiri & 2 Others v Attorney General & 31 Others (Civil Appeal 14 of 2023) [2024] UGSC 18 (16 April 2024)

Court

Supreme Court of Uganda

Case number

Civil Appeal 14 of 2023

Judge

Tibatemwa-Ekirikubinza, JSC, Mike Chibita, JSC, Elizabeth Musoke, JSC, Stephen Musota, JSC, Christopher Madrama Izama, JSC

The Supreme Court affirmed the concurrent findings of the trial and appellate courts that the appellants were evicted from the suit land in 1992, not 2004. Consequently, their suit filed in 2005 was time barred under section 5 of the Limitation Act, as more than 12 years had elapsed since the accrual of the cause of action. The appellants failed to establish status as customary tenants or bona fide occupants, as their occupation was by Government license and not under customary law or unchallenged for the requisite period. The court held that the law of limitation applies strictly, and no sta…

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• Limitation Periods
• Eviction Procedure
• Customary Tenure
• Bona Fide Occupancy
• Compulsory Acquisition
• Trespass To Land

Villa Members Trust and Another v Uganda National Roads Authority

Villa Members Trust and Another v Uganda National Roads Authority (Civil Suit No. 902 of 2019) [2022] UGHCLD 137 (22 July 2022)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 902 of 2019

Judge

Keitirima, J

The Plaintiffs were lawfully evicted pursuant to a valid court order authorizing the defendant to proceed with construction works on the suit land. However, the Plaintiffs had occupied and developed the land for over 40 years unchallenged, qualifying them as bona fide occupants under the Land Act. The Constitution mandates prompt and adequate compensation for compulsory acquisition of property. A consent order was entered for compensation based on the Chief Government Valuer's report, but the sum was not deposited or paid. The defendant is estopped from denying the Plaintiffs' bona fide occup…

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• Compulsory Acquisition
• Bona Fide Occupancy
• Eviction Procedure
• Compensation For Land
• General Damages
• Injunctive Relief

Esther Kiyingi v Departed Asians Property Custodian Board and Others

Esther Kiyingi v Departed Asians Property Custodian Board and Others (Civil Application No. 557 of 2022) [2022] UGCA 367 (24 May 2022)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 557 of 2022

Judge

Gashirabake, JA

The court found that the Notice of Appeal relied upon by the applicant was incompetent because it referenced a different suit number and parties than those in the substantive proceedings. The court held that compliance with the prescribed form and accurate identification of the proceedings appealed from are mandatory requirements for a valid Notice of Appeal. Without a competent Notice of Appeal, the substantive application for a temporary injunction could not stand. Furthermore, the court determined that there was no imminent threat of execution, as the declaratory judgment in favor of the 1…

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• Interim Injunctions
• Stay Of Execution
• Notice Of Appeal Requirements
• Joinder Of Parties
• Eviction Procedure

Uganda Coffee Development Authourity v Stephen Banya

Uganda Coffee Development Authourity v Stephen Banya (Civil Suit No. 140 of 2018) [2021] UGHCCD 69 (7 July 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 140 of 2018

Judge

Musa Ssekaana, J

The court found that the tenancy agreement between the parties allowed for termination by three months' written notice. The plaintiff issued valid notices of termination, which were not contested by the defendant. The defendant's continued occupation after the expiry of the notice period, without payment of rent and against the plaintiff's will, rendered him a tenant at sufferance and ultimately a trespasser. The court rejected the defendant's argument of an implied periodic tenancy, holding that the conduct of the plaintiff in issuing termination notices and seeking vacant possession was con…

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• Tenancy Termination
• Landlord Tenant Disputes
• Notice Of Termination
• Trespass
• Eviction Procedure

National Forestry Authority v Omuhereza Basaliza & 39 Ors

National Forestry Authority v Omuhereza Basaliza & 39 Ors (Civil Appeal No. 45 of 2009) [2020] UGCA 85 (21 July 2020)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 45 of 2009

Judge

Kakuru, JA, Madrama, JA, Musota, JA

The Court of Appeal found that the respondents failed to prove on a balance of probabilities that they were customary owners of the disputed land. The evidence did not establish long-term occupation, recognized custom, or lawful entitlement. The trial judge erred by not addressing the respondents' locus standi and by relying on survey reports that misinterpreted the legal boundaries of the forest reserve. The correct boundary, as per the 1950 plan and statutory instruments, covers 1,447.86 hectares, not 1,020 hectares. There is no 'excess land' outside the reserve available for private occupa…

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• Customary Land Tenure
• Forest Reserves
• Eviction Procedure
• Burden Of Proof
• Special Damages
• Fraudulent Claims