Kirungi v Centenary Rural Development Bank Limited (Miscellaneous Application 38 of 2022) [2025] UGHC 101 (24 January 2025)
Court
High Court of Uganda
Case number
Miscellaneous Application 38 of 2022
Judge
Byaruhanga Rugyema, J
The applicant failed to provide any credible evidence to support his claims of uncredited deposits, improper interest charges, or procedural unfairness in the execution of the mortgage deed. The court found that the applicant's allegations were unsupported and did not raise any bonafide triable issues of fact or law. The respondent was entitled to commence suit for recovery of the loan balance without first realising the mortgage security, as provided under the Mortgage Act. The applicant's submissions, though filed out of time, were accepted in the interest of substantive justice, but the ap…
Baale and Another v Commisioner, Land Registration (Misc Cause 386 of 2023) [2024] UGHCLD 133 (15 May 2024)
Court
HC: Land Division (Uganda)
Case number
Misc Cause 386 of 2023
Judge
Nkonge, J
The High Court declined to vacate a land-title cancellation process, holding that the applicants had not produced enough documentary evidence to justify the order.
Quiet Garden Publishing Limited v Lutaya (Civil Suit 912 of 2021) [2024] UGCommC 118 (25 March 2024)
Court
Commercial Court of Uganda
Case number
Civil Suit 912 of 2021
Judge
Kahigi Asiimwe, J
The court found that while the Plaintiff established its exclusive rights to publish, market, and distribute 'Grief Child' in Uganda, it failed to produce the alleged infringing copies in evidence. The law requires the court to compare the original work with the alleged infringing work to determine substantial similarity and infringement. Oral testimony about the existence of counterfeit books, without production of the infringing copies themselves, was insufficient to meet the evidentiary threshold. The Plaintiff did not discharge its burden of proof under the Evidence Act, and the similarit…
Mulindwa v Commissioner Land Registration (Miscellaneous Cause 13 of 2022) [2023] UGHC 413 (10 August 2023)
Court
High Court of Uganda
Case number
Miscellaneous Cause 13 of 2022
Judge
Katamba Nkwanga, J
The court found that the applicant failed to adduce sufficient evidence to prove that the late John Bosco Lubuuka gifted the land to him as a gift inter vivos. There was no deed of gift produced, nor corroborative evidence of possession, acceptance, or delivery of the land to the applicant. The requirements for a vesting order under Section 167 of the Registration of Titles Act and the principles governing gifts inter vivos were not satisfied. The absence of evidence and failure to involve the deceased's beneficiaries or legal representatives further undermined the applicant's claim. Conseque…
Nkeza v Communicationer for Land Registration and Another (Misc Cause No. 20 of 2016) [2023] UGHCLD 69 (20 March 2023)
Court
HC: Land Division (Uganda)
Case number
Misc Cause No. 20 of 2016
Judge
Nkonge, J
The High Court declined an ex parte vesting order application over Busiro Block 489 Plot 476 because the applicant failed to prove title, possession, and statutory conditions.
Kawesa Ivan v Uganda (Criminal Appeal No. 404 of 2019) [2022] UGCA 283 (1 December 2022)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal No. 404 of 2019
Judge
Musoke, JA, Gashirabake, JA, Luswata, JA
The Court found that the conviction for aggravated defilement was safe, as the evidence of the victim and corroborating witness (PW2) was sufficient to prove the offence beyond reasonable doubt, and the contradiction in dates was a minor error clarified by sworn testimony. Corroboration was not mandatory for sworn evidence, and the absence of police testimony did not undermine the prosecution's case. Allegations of torture and illegal detention were not properly raised before the trial court and thus could not be grounds for appellate intervention. However, the Court held that the sentence of…
Kyazze v Bwengye (Civil Appeal 12 of 2020) [2021] UGHCCD 279 (9 July 2021)
Court
HC: Civil Division (Uganda)
Case number
Civil Appeal 12 of 2020
Judge
Emmanuel Baguma, J
High Court appeal over illegal eviction, handover of property, and damages. The court upheld the finding of illegal eviction, reversed the property finding, and set aside UGX 3 million for lost cash.
Okwir William v Uganda (Criminal Appeal No. 633 of 2015) [2019] UGCA 2056 (19 December 2019)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal No. 633 of 2015
Judge
Kakuru, JA, Tuhaise, JA, Kasule, JA
The Court of Appeal quashed an aggravated defilement conviction, finding the alleged mental disability was not proved, and substituted simple defilement with a reduced sentence.