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Uganda decisions
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Justine Bazanya v Ongwen Medard Fredrick (Civil Suit 2 of 2019) [2023] UGHC 232 (17 November 2023)
The High Court held that the defendant was not legally married to the deceased, had no interest in the estate property, and his occupation amounted to trespass.
Arvind v Kitamirike & Another (Civil Suit 162 of 2017) [2023] UGCommC 183 (13 March 2023)
The High Court found the plaintiff failed to prove he advanced the full claimed loan amount of UGX 525 million and dismissed the suit with costs.
Nakigube v Najuuko and Another (HCCS 13 of 2022) [2023] UGHCLD 48 (3 March 2023)
The court found that the plaintiff, by pleading that she sues as a beneficiary to the deceased's estate, disclosed the existence of an alleged right to an entitlement to the suit property. The law recognizes that beneficiaries have locus standi to defend their interest in the estate even before letters of administration are obtained. The plaint also pleaded the violation of her right and the defendants' liability, thus satisfying all elements of a cause of action as defined in Ismail Serugo v. Kampala City Council. The preliminary objection that the plaint does not disclose a cause of action…
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National Forestry Authority v Omuhereza Basaliza & 39 Ors (Civil Appeal No. 45 of 2009) [2020] UGCA 85 (21 July 2020)
The Court of Appeal found that the respondents failed to prove on a balance of probabilities that they were customary owners of the disputed land. The evidence did not establish long-term occupation, recognized custom, or lawful entitlement. The trial judge erred by not addressing the respondents' locus standi and by relying on survey reports that misinterpreted the legal boundaries of the forest reserve. The correct boundary, as per the 1950 plan and statutory instruments, covers 1,447.86 hectares, not 1,020 hectares. There is no 'excess land' outside the reserve available for private occupa…
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Turyagarukayo v Uganda Revenue Authority (Civil suit Case No. 82 of 2010) [2013] UGHCCD 870 (17 February 2013)
The court found that the Plaintiff failed to prove that his information led to the recovery of taxes from the Ministry of Works and 23rd Metallurgical Construction Company (U) Ltd. The evidence showed that the Defendant's audits and subsequent tax recoveries were not prompted by the Plaintiff's information. The Tax Evaders Information Form (TIF) presented by the Plaintiff was found to have been fraudulently altered to include the Ministry of Works as a tax culprit after the fact, undermining the credibility of the Plaintiff's claim. The absence of a TIF for the 23rd MCC further weakened the P…
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