Kil-Kyekami Investiments Limited v Attorney General [2024] UGHCLD 233 (13 September 2024)
Court
HC: Land Division (Uganda)
Judge
Phillip Odoki, J
The court found the plaintiff obtained title to the suit land by fraud, dismissed the trespass claim, and ordered cancellation of the plaintiff's title.
Senono & Another v Sugar Corporation (U) Limited & 16 Others (Miscellaneous Application 465 of 2022) [2024] UGHC 730 (23 February 2024)
Court
High Court of Uganda
Case number
Miscellaneous Application 465 of 2022
Judge
Kaahwa, J
The High Court at Mukono allowed an application to add the Commissioner Land Registration and the Attorney General as defendants and to amend the plaint, but struck out “all occupants of the land.”
Nampinga v Lubega and 2 Others (Civil Suit No. 751 of 2018) [2023] UGHCLD 57 (10 March 2023)
Court
HC: Land Division (Uganda)
Case number
Civil Suit No. 751 of 2018
Judge
Bernard Namanya, J
The court found that the plaintiff acquired an equitable interest in 6 acres of the suit land through a contract of sale in 2006, validated when the sellers became registered proprietors in 2012. The sellers, as trustees, were legally obliged to preserve the plaintiff's interest and could not sell the same land to the 1st defendant in 2009. The 1st defendant was aware of the plaintiff's prior purchase and occupation, yet procured registration as proprietor to defeat her equitable interest, amounting to fraud under Ugandan law. The court held that the plaintiff is the lawful owner of 6 acres,…
Rwenzori Cotton Ginners Co. Ltd v Kampala District Land Board and Others (Civil Suit No. 624 of 2016) [2022] UGHCLD 208 (21 June 2022)
Court
HC: Land Division (Uganda)
Case number
Civil Suit No. 624 of 2016
Judges
Zeija, PJ
The court held that the plaintiff’s title was tainted by fraud and illegalities, the Uganda Land Commission had the prior title, and the plaintiff’s suit was dismissed.
Limur Livestock Co Ltd Vs Okongo & 4 Ors (Civil Appeal No. 131 of 2012) [2019] UGCA 15 (27 March 2019)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 131 of 2012
The Court of Appeal dismissed Limur Livestock Co Ltd’s appeal, holding that the company did not exist when it applied for land and could not rely on that earlier transaction.
Byahugwaho & Anor Vs Nakabonye (Miscellenous Appeal No. 224 of 2017) [2019] UGCA 16 (25 March 2019)
Court
Court of Appeal of Uganda
Case number
Miscellenous Appeal No. 224 of 2017
The Court of Appeal lacks jurisdiction to grant leave to adduce additional evidence on a second appeal from the High Court acting in its appellate jurisdiction. Rule 32(2) of the Judicature (Court of Appeal Rules) Directions expressly prohibits the court from hearing additional evidence at this stage, limiting its powers to appraising inferences of fact drawn by the trial court. The application is therefore incompetent and must be dismissed. The principle of finality in litigation is reinforced, and the applicants' reliance on Rule 30(2) is misplaced, as it does not override the clear prohibi…
Junju & Anor v Madhvani Group Ltd & Anor (Civil Suit No. 508 of 2014) [2015] UGHCLD 52 (9 July 2015)
Court
HC: Land Division (Uganda)
Case number
Civil Suit No. 508 of 2014
Judge
Bashaija, J
The court found that the plaintiffs' suit was wholly premised on alleged fraud in the acquisition of the suit land by the 1st defendant. Under the Limitation Act, actions founded on tort or for recovery of land must be brought within six or twelve years, respectively, unless the case falls within an exception such as fraud. For the exception to apply, the plaintiffs were required to plead when they became aware of the alleged fraud, as mandated by Section 25 of the Limitation Act and Order 7 r.6 of the Civil Procedure Rules. The plaintiffs failed to plead this crucial fact, and their counsel…