The Supreme Court held that a 1970 lease to a non-African company was void for lack of ministerial consent and that repossession under the Expropriated Properties Act could not validate it.
The Supreme Court held that the lease executed in 1970 in favour of Kisugu Quarries Ltd, a non-African company, was null and void ab initio for lack of ministerial consent as required by Section 2 of the Land Transfer Act. The subsequent issuance of a repossession certificate under the Expropriated Properties Act did not and could not validate the void lease, as there was no legal interest to repossess. The appellant failed to discharge the burden of proof to show that ministerial consent had been obtained, and the evidence presented was speculative, contradictory, and insufficient. The court…
Registered Trustees of Kampala Institute v Departed Asians Property Custodian Board (Civil Suit No. 610 of 1992) [1993] UGHC 94 (10 May 1993)
Court
High Court of Uganda
Case number
Civil Suit No. 610 of 1992
Judge
Okello, J
The High Court held that the Expropriated Properties Act 1982 did not apply to the suit land because it was never lawfully vested in the Government or Custodian Board.