Mabale Growers Tea Factory Ltd V Noorali
Mabale Growers Tea Factory Ltd V Noorali (Civil Appeal 2 of 2015) [2018] UGSC 80 (15 October 2018)
The Supreme Court held that the Expropriated Properties Act did not impose a mandatory time bar on applications for repossession; the 90-day period was regulatory. The Minister retained discretion to return property to former owners as long as the property had not been otherwise disposed of in accordance with the Act. The respondent's repossession in 2006 was lawful because the property remained expropriated and available for return after the encumbrance (re-entry) was cancelled. The appellant, having acquired title from a predecessor who had unlawfully re-entered, could not obtain better tit…
Source excerpt
- Expropriated Property
- Repossession Procedure
- Mesne Profits
- Ministerial Discretion
- Fraudulent Dealing
- Title Registration