Uganda Case Law

Naguyo v Birungi

Naguyo v Birungi (Miscellaneous Application No. 1404 of 2021) [2022] UGHCLD 144 (5 August 2022)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 1404 of 2021

Judge

Keitirima, J

The court sustained the respondent's preliminary objections, holding that allegations of fraud and property valuation are contentious matters requiring a full trial under ordinary suit procedures, not affidavit evidence in an application. The applicant did not reply to the preliminary objections, implying concession. The application was found incompetent as it could affect third party interests (such as Nakigoye Dorothy, who allegedly purchased the suit property) without affording them a right to be heard, violating constitutional principles of fair hearing. Consequently, the application to s…

Source excerpt

• Setting Aside Execution
• Consent Judgment Variation
• Service Of Process
• Fraud In Property Transfer
• Valuation Of Land

Nagji Textiles Ltd v Popat and Others

Nagji Textiles Ltd v Popat and Others (Civil Appeal 5 of 2008) [2009] UGSC 42 (13 October 2009)

Court

Supreme Court of Uganda

Case number

Civil Appeal 5 of 2008

Judge

Odoki, CJ, J.W.N.Tsekooko, JSC, Katureebe ,JSC, Kanyeihamba, JSC, G. M. Okello, JSC

The Supreme Court of Uganda dismissed a company’s appeal over sale and transfer of land, holding the powers of attorney were valid, revocation was ineffective, and fraud was not proved.

• Powers Of Attorney
• Company Directors Authority
• Fraud In Property Transfer
• Bona Fide Purchaser
• Revocation Of Power Of Attorney
• Powers-of-attorney

Matovu v Oyeru (HCCS No. 681/1998)

Matovu v Oyeru (HCCS No. 681/1998) [2008] UGCA 26 (6 June 2008)

Court

Court of Appeal of Uganda

Case number

HCCS No. 681/1998

Judge

Mpagi-Bahigeine, JA, Twinomujuni, JA, Byamugisha, JA

The Court of Appeal held that fraud was not proved against the appellant and allowed her appeal, affirming her tenancy in common in the suit property.

• Registration Of Titles
• Fraud In Property Transfer
• Joint Ownership Disputes
• Rectification Of Title
• Burden Of Proof In Fraud
• Remedies For Wrongful Registration

Nagji Textiles Ltd v A.B Popat & 2 Ors

Nagji Textiles Ltd v A.B Popat & 2 Ors [2010] UGSC 31 (13 October 2010)

Court

Supreme Court of Uganda

The Supreme Court held that the powers of attorney were validly executed by two directors of the appellant company in their capacity as directors, not merely as shareholders. The attempted revocation by one director was ineffective, as company decisions require majority action and proper procedure. There was no evidence that the revocation was communicated or registered before the sale and transfer of the suit property. Consequently, the sale and transfer effected by the 1st respondent under the powers of attorney were lawful. The allegations of fraud were not proven to the required standard,…

Source excerpt

• Powers Of Attorney
• Company Directors Authority
• Fraud In Property Transfer
• Bona Fide Purchaser
• Revocation Of Authority