Uganda Case Law

R. M. Patel and Others v Attorney General and Others

R. M. Patel and Others v Attorney General and Others (Civil Suit 54 of 1995) [1998] UGHCLD 2 (4 August 1998)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 54 of 1995

Judges

Ntabgoba, PJ

The court held that the Departed Asians Property Custodian Board (DAPCB) had no legal authority under the Expropriated Properties Act to receive or reject applications for repossession of expropriated property, as such powers are vested exclusively in the Minister. All transactions involving the suit property prior to the coming into force of the Act were nullified, and the property reverted to Government. The plaintiffs' suit, brought as an original action against the DAPCB and other defendants, was misconceived and incompetent, as any challenge to the Minister's issuance of a certificate of…

Source excerpt

• Expropriated Property Act
• Repossession Certificate
• Ministerial Discretion
• Nullification Of Transactions
• Cause Of Action
• Statutory Appeal

Registered Trustees of Kampala Insitute v Attorney General

Registered Trustees of Kampala Insitute v Attorney General (Civil Appeal No. 51 of 1996) (Civil Appeal No. 51 of 1996) [1998] UGHC 9 (27 July 1998)

Court

High Court of Uganda

Case number

Civil Appeal No. 51 of 1996

The High Court allowed an appeal over refusal of a repossession certificate and ordered the Minister to issue it, holding the re-entry of the property was null and void.

• Expropriated Property Act
• Repossession Certificate
• Ministerial Discretion
• Government Trusteeship
• Nullification Of Dealings
• Expropriated-property-act

Yahaya Kiriisa v Attorney General and Another

Yahaya Kiriisa v Attorney General and Another (Civil Appeal 7 of 1994) [1994] UGSC 50 (21 November 1994)

Court

Supreme Court of Uganda

Case number

Civil Appeal 7 of 1994

Judge

Mayindo, DCJ

The Supreme Court set aside a High Court dismissal for want of prosecution, holding the adjournment refusal was not a judicious exercise of discretion.

• Adjournment Discretion
• Right To Counsel
• Repossession Of Property
• Expropriated Property Act
• Want Of Prosecution
• Aggrieved Party Status