Uganda Case Law

Katabarwa v Wakisa and 3 Others

Katabarwa v Wakisa and 3 Others (Miscellaneous Application 78 of 2024) [2025] UGHC 99 (10 February 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 78 of 2024

Judge

Byaruhanga Rugyema, J

The court found that the application was fundamentally flawed as it sought to reinstate Civil Suit No.151 of 2022, a suit that did not exist between the parties. The correct course would have been to apply for reinstatement of Miscellaneous Application No.046 of 2024, which itself sought to set aside the dismissal of Civil Suit No.60 of 2023. The applicant and her counsel repeatedly cited and submitted on the wrong suit, resulting in a fatal procedural error. The court held that no sufficient cause was shown for reinstatement, and the application was both incompetent and devoid of merit. Cons…

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• Reinstatement Of Suit
• Dismissal For Want Of Prosecution
• Procedural Errors
• Land Recovery
• Fraud On Title

Tabula v Kange & Malomba

Tabula v Kange & Malomba (Miscellaneous Application 107 of 2024) [2024] UGCommC 378 (27 September 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 107 of 2024

Judge

Tumusiime Rubagumya, J

The High Court declined to restore the applicant to disputed land pending trial, finding the requested interim order would prematurely determine the main suit.

• Interlocutory Orders
• Eviction Disputes
• Fraud On Title
• Temporary Injunctions
• Interlocutory-orders
• Land-evictions

Pulle & Another v Nakachwa & 4 Others

Pulle & Another v Nakachwa & 4 Others (Miscellaneous Application 3794 of 2023) [2024] UGHCLD 204 (8 August 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 3794 of 2023

Judge

Naluzze Aisha Batala, J

The High Court held that although third parties may seek review as aggrieved persons, the applicants’ fraud allegations required an ordinary suit, not review.

• Review Of Court Orders
• Fraud On Title
• Registered Proprietor Rights
• Procedure For Review
• Review-of-court-orders
• Fraud-on-title

Mubiru & 3 Others v Kavuma & 3 Others

Mubiru & 3 Others v Kavuma & 3 Others (Civil Application 34 of 2024) [2024] UGCA 70 (26 March 2024)

Court

Court of Appeal of Uganda

Case number

Civil Application 34 of 2024

Judge

Mulyagonja, JA

The Court of Appeal granted a stay of execution in a land dispute, holding that the appeal raised arguable issues and that late filing of the notice of appeal was not fatal.

• Judicial Review
• Stay Of Execution
• Land Title Cancellation
• Fraud On Title
• Powers Of Commissioner Land Registration
• Stay-of-execution

Kazooba v MK Creditors Limited and 2 Others

Kazooba v MK Creditors Limited and 2 Others (Civil Suit No. 218 of 2016) [2022] UGCommC 61 (25 July 2022)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 218 of 2016

Judge

Boniface Wamala, J

The court found that the arbitration agreement relied upon by the Defendants was void ab initio due to the illegality of the underlying money lending contract, which was executed without a valid money lender's licence and contained illegal interest provisions. Consequently, the arbitration clause could not be enforced, and the suit was properly before the court. The renewal and service of summons were lawfully effected within the prescribed period, and no prejudice was occasioned by the informal procedure adopted. The doctrine of lis pendens did not apply as the earlier suits involved differe…

Source excerpt

• Arbitration Agreement
• Money Lending Illegality
• Corporate Veil Lifting
• Fraud On Title
• Lis Pendens
• Service Of Summons

Mukasa v Kanyike

Mukasa v Kanyike (Civil Appeal No. 307 of 2018) [2022] UGCA 35 (15 February 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 307 of 2018

Judge

Musota, JA, Mulyagonja, JA, Bamugemereire, JA

The Court of Appeal found that the Commissioner Land Registration acted unlawfully and irregularly by cancelling the respondent's name from the land title without notice and outside the scope of statutory powers, as fraud allegations require adjudication by the High Court. The evidence demonstrated that the respondent's title was cancelled in contravention of Section 91(8) of the Land Act and without proper notice. The appellant was not a bona fide purchaser for value without notice, as he had actual knowledge of the respondent's interest in the suit land and failed to conduct due diligence.…

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• Mailo Land Registration
• Indefeasibility Of Title
• Powers Of Commissioner Land Registration
• Fraud On Title
• Bona Fide Purchaser
• Evaluation Of Evidence

Mabberi Allen Blessing(Suing through her lawful Attorney Bitera) and Another v Seremba Alias Muwanguzi)

Mabberi Allen Blessing(Suing through her lawful Attorney Bitera) and Another v Seremba Alias Muwanguzi) (Civil Miscellaneous Application No. 898 of 2020) [2021] UGHCLD 99 (9 August 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Miscellaneous Application No. 898 of 2020

Judge

Nyanzi, J

The High Court found the applicant had capacity to apply, but held the main suit was tainted by illegality and dual identity fraud, and struck it out with costs.

• Amendment Of Pleadings
• Capacity To Sue
• Service Of Process
• Fraud On Title
• Specific Performance
• Eviction Proceedings

Mujjwiga & 8 Ors v Panyahululu Co. Ltd & 2 Ors

Mujjwiga & 8 Ors v Panyahululu Co. Ltd & 2 Ors (Civil Suit No.088 of 2013) [2014] UGHCLD 133 (4 December 2014)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No.088 of 2013

Judge

Luswata, J

The High Court partially dismissed absent plaintiffs whose identities could not be verified after a court order for personal appearance, while allowing others time to verify identity.

• Plaintiff Identification
• Party Representation
• Land Ownership Disputes
• Fraud On Title
• Plaintiff-identification
• Personal-appearance

Gatsinzi & Anor v Lwanga

Gatsinzi & Anor v Lwanga (Civil Suit No. 690 of 2004) [2014] UGHCLD 29 (26 August 2014)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 690 of 2004

Judge

Bashaija, J

The High Court held that the Plaintiffs retained an interest in the land, rejected the Defendant’s bona fide purchaser claim, and cancelled his title.

• Registration Of Titles
• Bona Fide Occupancy
• Succession And Administration
• Fraud On Title
• Limitation Of Actions
• Land-title-cancellation

Allan Mugisha Nyirinkindi Vs Commissioner For Land Registration & Anor

Allan Mugisha Nyirinkindi Vs Commissioner For Land Registration & Anor (Miscellaneous Cause No. 45 of 2011) [2011] UGHC 172 (7 December 2011)

Court

High Court of Uganda

Case number

Miscellaneous Cause No. 45 of 2011

Judge

Tuhaise, J

The High Court held that the Commissioner for Land Registration’s proposed title-cancellation steps were irrational because a related civil suit on alleged fraud was already pending.

• Judicial Review
• Land Title Cancellation
• Powers Of Commissioner Land Registration
• Fraud On Title
• Pending Civil Suit
• Irrationality In Administrative Action