Uganda Case Law

Onek & Another v Odwar

Onek & Another v Odwar (Civil Appeal No. 93 of 2018) [2019] UGHC 41 (29 August 2019)

Court

High Court of Uganda

Case number

Civil Appeal No. 93 of 2018

Judge

Stephen Mubiru, J

The appellants and their predecessors had been in uninterrupted and uncontested possession of the disputed land for at least twenty-seven years prior to the suit, a period exceeding the twelve-year limitation prescribed by law. The respondent was aware of their presence since 1987 but took no action within the limitation period. Under Ugandan law, such adverse possession extinguishes the title of the original owner and vests ownership in the adverse possessor. The temporary abandonment of the land by the appellants due to insurgency did not terminate their interest, as it was involuntary. The…

Source excerpt

• Adverse Possession
• Customary Ownership
• Limitation Of Actions
• Extinctive Prescription

Dramadri 5 Ors v Yusuf Ibrahim

Dramadri 5 Ors v Yusuf Ibrahim (Civil Appeal No. 0029 of 2012) [2017] UGHCLD 26 (29 March 2017)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal No. 0029 of 2012

Judge

Stephen Mubiru, J

High Court appeal over a land recovery suit turned on limitation. The court held the claim was time-barred, rejected the pleaded disability, and dismissed the respondent’s suit.

• Adverse Possession
• Limitation Periods
• Customary Land Tenure
• Disability Under Limitation Act
• Burden Of Proof
• Extinctive Prescription