Uganda Case Law

Wangi v Commissioner for Land Registration & 3 Others

Wangi v Commissioner for Land Registration & 3 Others (Miscellaneous Cause 401 of 2023) [2024] UGHCLD 210 (23 August 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Cause 401 of 2023

Judge

Asiimwe, J

The court found that the certificate of purchase issued to the 4th respondent was illegally issued because the statutory procedures for disposal of expropriated property were not followed. The Expropriated Properties Act and its regulations require valuation, determination of reserve price, and sale by competitive tender, none of which occurred in the 4th respondent's acquisition. The chain of transactions leading to the 4th respondent's registration, including transfers after the expulsion of the Asian owners and subsequent dealings, were nullified by section 2(2) of the Act. In contrast, th…

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• Expropriated Property
• Registration Of Title
• Certificate Of Purchase
• Government Divestiture
• Title Cancellation

Navinchandra Vs The Registered Trustees of Bible Society of Uganda

Navinchandra Vs The Registered Trustees of Bible Society of Uganda (Civil Appeal No. 0162 of 2012) [2019] UGCA 54 (26 April 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 0162 of 2012

The Court of Appeal found that the lease agreement between the appellant and the respondent did not amount to a sale and was not prohibited by Section 8 of the Expropriated Properties Act, as a lease retains a reversionary interest for the lessor. The suit was not statute barred because it was filed within twelve years from the accrual of the cause of action, which arose when the respondent was denied access to the property by the government. The appellant, acting in dual capacities as director and advocate, received the purchase money but failed to remit it to the company or refund the respo…

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• Expropriated Property
• Lease Agreements
• Money Had And Received
• Limitation Periods
• Company Director Liability
• Damages Award

Mabale Growers Tea Factory Ltd V Noorali

Mabale Growers Tea Factory Ltd V Noorali (Civil Appeal 2 of 2015) [2018] UGSC 80 (15 October 2018)

Court

Supreme Court of Uganda

Case number

Civil Appeal 2 of 2015

Judge

Katureebe, CJ, Arach-Amoko, JSC, Mwangusya, JSC, Opio-Aweri, JSC, Mwondha, JSC

The Supreme Court held that the Expropriated Properties Act did not impose a mandatory time bar on applications for repossession; the 90-day period was regulatory. The Minister retained discretion to return property to former owners as long as the property had not been otherwise disposed of in accordance with the Act. The respondent's repossession in 2006 was lawful because the property remained expropriated and available for return after the encumbrance (re-entry) was cancelled. The appellant, having acquired title from a predecessor who had unlawfully re-entered, could not obtain better tit…

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• Expropriated Property
• Repossession Procedure
• Mesne Profits
• Ministerial Discretion
• Fraudulent Dealing
• Title Registration

Chimanlal Bhailalbhai Patel v Attorney General

Chimanlal Bhailalbhai Patel v Attorney General (Civil Suit No.105 of 2002) [2004] UGHC 7 (12 February 2004)

Court

High Court of Uganda

Case number

Civil Suit No.105 of 2002

The High Court held that the plaintiff was entitled to compensation and damages for expropriated property sold to a third party, and awarded UGX 700 million plus damages.

• Expropriated Property
• Compensation Claims
• Limitation Periods
• Statutory Notice
• General Damages
• Expropriated-property

Gokaldas Laximidas Tanna

Gokaldas Laximidas Tanna (Civil Appeal 12 of 92) [1993] UGSC 4 (11 January 1993)

Court

Supreme Court of Uganda

Case number

Civil Appeal 12 of 92

Judge

Wambuzi, CJ, Oder, JSC, Platt, JSC

The Supreme Court held that the Expropriated Properties Act, 1982 nullified the sale and transfer of the expropriated property, and dismissed the appeal.

• Expropriated Property
• Mortgage Rights
• Transfer Of Title
• Public Auction Sale
• Expropriated-property
• Mortgage-rights

Famous Cycle Agencies Ltd & 4 Ors v Mansukhulal Ramjikaria & 2 Ors

Famous Cycle Agencies Ltd & 4 Ors v Mansukhulal Ramjikaria & 2 Ors (Civil Appeal 16 of 1994) [1995] UGSC 2 (17 November 1995)

Court

Supreme Court of Uganda

Case number

Civil Appeal 16 of 1994

Judge

Odoki, JSC, Oder, JSC, Tsekooko, JSC

The Supreme Court held that the trial judge did not err in refusing the adjournment, as no sufficient cause was shown and the appellants were absent without explanation. The application for adjournment was deemed a delaying tactic. The withdrawal of the 2nd respondent was procedurally irregular but did not result in a miscarriage of justice, as the outcome would have been the same. The trial judge correctly determined that the 1st respondent was the rightful landlord and entitled to rent, based on his registered title and the withdrawal of claims by the other respondents. However, the trial j…

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• Adjournment Discretion
• Landlord Tenant Dispute
• Expropriated Property
• Withdrawal Of Defence
• Rent Arrears
• Title Indefeasibility