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Uganda decisions
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Gideon Mwesigye and Others v Namara Edith (Civil Miscellaneous Application 338 of 2024) [2025] UGHC 461 (30 June 2025)
The High Court of Uganda dismissed an application for judgment on admission, finding that the respondent had filed a reply to the counterclaim and made no clear admission.
Tumwesige Abraham v Jemima Kisoke (Civil Appeal 218 of 2016) [2025] UGCA 212 (26 June 2025)
The Court of Appeal held that the first appellate court erred in granting substantive orders (eviction, refund of purchase price, and costs) without a trial on the merits after finding that the suit disclosed a cause of action and was not time barred. The appellate judge relied on matters not pleaded or proved by evidence, and some findings were based on facts requiring evidentiary proof. The court further found that the original suit was res judicata, as the subject matter had already been determined by a competent court between the same parties. The proper procedure, after overruling the pr…
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Ronald Muzito and Another v Godfrey Kahuma and Another (Civil Suit No. 824 of 2020) [2025] UGHCLD 62 (7 May 2025)
The High Court of Uganda held that the plaintiffs proved a land-financed construction arrangement and were entitled to vacant possession of the lower part of the land.
Akankwasa v Bitarabeho & 2 Others (Civil Appeal 16 of 2023) [2025] UGHC 260 (29 April 2025)
The court held that neither the Appellant nor the Respondents could claim ownership of the suit land because the estate of the late Semei Kabonyi had not been administered in accordance with the law. No letters of administration had been obtained, and any distribution or occupation of the land by family members was legally ineffective in conferring ownership. The Appellant's claim for declarations of ownership and trespass failed because, under Section 187 of the Succession Act, no right to any part of the property of a person who died intestate can be established in court without a grant of…
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Senyonga v Tumuhiirwe and 4 Others (Civil Appeal 18 of 2018) [2025] UGCA 103 (14 April 2025)
The Court of Appeal dismissed a second appeal in a family land dispute, upheld findings that the land formed part of the estate, and rejected a limitation defence.
Banage Tibetta Tito and 3 Others (Civil Appeal 38 of 2023) [2024] UGHC 1167 (18 October 2024)
The High Court allowed a land appeal, set aside the magistrate’s judgment, and held that the suit land at Rukaiga-Kikoboza belonged to the appellant.
Tumushabe v Tumwine and 3 Others (HCT-05-CV-CA 51 of 2020) [2024] UGHC 704 (26 July 2024)
The court found that both the estate of Nathan Miryo and Effrance Nyakwegira had been fully distributed among their respective beneficiaries, as confirmed by the executor and the parties' own admissions. The appellants failed to adduce credible evidence that any land remained undistributed. The trial magistrate's evaluation of the evidence and application of the law was upheld. The principle that costs follow the event was applied, and no sufficient reason was found to depart from this rule. The appeal was dismissed with costs to the respondents.
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Katusiime v Kakururu & Another (Civil Suit 5 of 2022) [2024] UGHC 360 (22 May 2024)
The High Court held that the disputed land was not family land, upheld the sale to the plaintiff, vacated the caveat, dismissed the counterclaim, and ordered no costs.
Katuramu and 5 Others v Kanyamu and 11 Others (Miscellaneous Application 21 of 2023) [2024] UGHC 589 (30 April 2024)
The High Court granted a stay of execution pending appeal, finding the applicants showed possible substantial loss, prompt filing, and no fatal defect in security.
David Muwanga, Luwemba James Mande & Birabwa Christine Jajjemba (Administrators of the estate of the late Ezekiel Mukasa) v Margaret Nakiganda, Namusoke Allen, Namusisi Roy, Nakityo Roy & Paulo Mugisha Kabanza (Civil Suit 942 of 2021) [2024] UGHCLD 27 (29 January 2024)
The court found that the 1st to 4th defendants had no exclusive right of ownership over the suit land, as the evidence and inventory of the estate of the late Ezekiel Mukasa showed the land was reserved as family land and burial ground for the benefit of all beneficiaries. The purported gift to the 1st defendant was unproven and unsupported by documentary evidence. The sale of the suit land to the 5th defendant was therefore unauthorized and illegal, as the sellers had no authority to dispose of the property without the consent of all beneficiaries. The 5th defendant, despite claiming due dil…
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