Uganda Case Law

Charles Wasswa Lugali Semakula v Amirali Karmali

Charles Wasswa Lugali Semakula v Amirali Karmali (Civil Appeal No. 95 of 2014) [2025] UGCA 171 (16 May 2025)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 95 of 2014

Judge

Kiryabwire, JA, Kibeedi, JA, Gashirabake, JA

The Court of Appeal found that the Respondent lawfully acquired the suit property after proper repossession by Waljee (U) Ltd under the Expropriated Properties Act, as evidenced by a valid certificate of repossession. The Appellant's interest was not protected by law, as he failed to establish lawful occupation or consent from the registered owners, and his challenge to the repossession process was an afterthought not raised at trial. The removal of the Appellant's caveat was lawful, as the statutory notice was issued and the Appellant failed to act within the prescribed period, resulting in…

Source excerpt

• Expropriated Properties Act
• Repossession Of Land
• Caveats And Registration
• Trespass To Land
• Amendment Of Pleadings
• Assessment Of General Damages

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

Balbinder v Departed Asians Property Custodian Board

Balbinder v Departed Asians Property Custodian Board (Civil Suit 34 of 2012) [2023] UGHC 234 (4 December 2023)

Court

High Court of Uganda

Case number

Civil Suit 34 of 2012

Judge

Bukirwa, J

The High Court in Jinja held that the suit property had been lawfully repossessed, declared the Plaintiff its lawful owner, and issued injunction and damages orders.

• Expropriated Properties Act
• Repossession Of Land
• Certificate Of Title
• Trespass To Land
• Succession And Probate
• Repossessed-land

Murtazaali v The Departed Asians Property Custodian Board

Murtazaali v The Departed Asians Property Custodian Board (Miscellaneous Cause No. 144 of 2021) [2022] UGHCCD 217 (25 October 2022)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 144 of 2021

Judge

Boniface Wamala, J

The High Court held that the Respondent acted illegally by trying to reclaim property that had already been lawfully repossessed, and granted judicial review relief.

• Judicial Review
• Ultra Vires Actions
• Expropriated Properties Act
• Repossession Of Property
• Public Body Mandate
• Certiorari And Prohibition

Thakkar v Departed Asians Property Custodian Board

Thakkar v Departed Asians Property Custodian Board (MISCELLANEOUS CAUSE NO. 379 OF 2019) [2020] UGHCCD 23 (26 March 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 379 OF 2019

Judge

Musa Ssekaana, J

The High Court held that the Board acted ultra vires by questioning a repossession certificate years after issuance and granted prohibition, injunction, and costs.

• Judicial Review
• Ultra Vires Actions
• Repossession Of Property
• Ministerial Powers
• Expropriated Properties Act
• Certificates Of Repossession

Manharlal v Departed Asians Property Custodian Board

Manharlal v Departed Asians Property Custodian Board (Miscellaneous Cause 379 of 2019) [2020] UGHCCD 226 (26 March 2020)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 379 of 2019

Judge

Musa Ssekaana, J

The court found that the respondent, Departed Asians Property Custodian Board, acted illegally and ultra vires by purporting to investigate the authenticity of the applicant's repossession certificate for property that had already been lawfully repossessed under the Expropriated Properties Act. Once the Minister issues a certificate of repossession, the Minister is functus officio, and neither the Minister nor the Board has authority to revisit or question the decision except by way of appeal to the High Court within the prescribed period. The respondent's actions were therefore without legal…

Source excerpt

• Judicial Review
• Ultra Vires Actions
• Expropriated Properties Act
• Repossession Of Property
• Ministerial Powers
• Certificates Of Repossession

Nuru Hassan Shariff v The Administrator of the Estate of the late Shamji Jamal Lakhan

Nuru Hassan Shariff v The Administrator of the Estate of the late Shamji Jamal Lakhan (Civil Suit No. 034 of 2011) [2019] UGHC 23 (17 December 2019)

Court

High Court of Uganda

Case number

Civil Suit No. 034 of 2011

Judge

Luswata, J

The suit is not time barred because the plaintiff pleaded fraud and the cause of action arose upon discovery of the alleged fraud in July 2011, as supported by Section 25 of the Limitation Act. However, the plaintiff lacks locus standi to challenge the defendant's title or repossession certificate. The temporary allocation certificate issued by the Departed Asian Property Custodian Board did not confer any legal rights to the plaintiff after the Minister of Finance issued a repossession certificate in 1994. The Board had no authority to allocate the property thereafter, and any such allocatio…

Source excerpt

• Limitation Of Actions
• Locus Standi
• Expropriated Properties Act
• Fraud In Land Title
• Temporary Allocation Of Property

Ojede v Lutalo

Ojede v Lutalo (Civil Appeal No. 126 of 2012) [2019] UGCA 123 (6 May 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 126 of 2012

The Court of Appeal allowed an appeal over a disputed Lira property, holding the land board wrongly granted the respondent a lease and recognizing the appellant’s family interest in Part B.

• Lease Expiry
• Expropriated Properties Act
• Land Board Powers
• Fraud In Land Transactions
• Prescription
• Conversion To Freehold

Mercator Enterprises Limited V Shell (Uganda) Limited

Mercator Enterprises Limited V Shell (Uganda) Limited (Miscellaneous Application No. 833 of 2006) [2016] UGHCCD 149 (15 July 2016)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 833 of 2006

Judge

Owiny-Dollo, J

The High Court dismissed a claim for mesne profits and rent over expropriated property, holding that the expropriation laws nullified the underlying dealings and claims.

• Expropriated Properties Act
• Mesne Profits
• Consent Order
• Trust Relationship
• Res Judicata
• Declaration Of Assets Decree

Attorney General v Mitha & Sons Limited (Misc. Cause No. 10 of 2010)

Attorney General v Mitha & Sons Limited (Misc. Cause No. 10 of 2010) [2014] UGHCLD 125 (10 October 2014)

Court

HC: Land Division (Uganda)

Case number

Misc. Cause No. 10 of 2010

Judge

Luswata, J

The court found that the discrepancy in the affidavit was a typographical error and did not invalidate the affidavit. The repossession letter issued to the respondent was deemed to have the same legal effect as a certificate of repossession, and the respondent, through its duly appointed attorney, exercised effective management of the property within the statutory period. The applicant failed to prove that the powers of attorney were forged or that the respondent did not comply with the requirements of the Expropriated Properties Act. Furthermore, the claim for cancellation of the repossessio…

Source excerpt

• Expropriated Properties Act
• Repossession Of Property
• Limitation Periods
• Powers Of Attorney
• Government Property
• Effective Management Requirement