Uganda Case Law

Katunku & 8 Others v Katunku & 3 Others

Katunku & 8 Others v Katunku & 3 Others (Miscellaneous Application 128 of 2024) [2024] UGHC 799 (30 August 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 128 of 2024

Judge

Lubega, J

The court found that the Applicants established a prima facie case with a probability of success, as there are serious questions to be tried regarding the ownership and possession of the suit property. The Applicants have been in possession since 1986, and their claim that the certificate of title was fraudulently obtained raises substantial issues for trial. The court determined that the Applicants would suffer irreparable injury if evicted or if the Respondents were allowed to interfere with their possession before the main suit is resolved, as such injury cannot be adequately compensated b…

Source excerpt

• Temporary Injunction
• Status Quo Preservation
• Possession Disputes
• Fraudulent Title
• Irreparable Injury

Karole and Another v Mugarra and 3 Others (HCT-01-CV-LD-CS 14 of 2015)

Karole and Another v Mugarra and 3 Others (HCT-01-CV-LD-CS 14 of 2015) [2024] UGHC 145 (5 April 2024)

Court

High Court of Uganda

Case number

HCT-01-CV-LD-CS 14 of 2015

Judge

Wagona, J

The court found that the present suit is barred by res-judicata because the subject matter, parties (or their privies), and issues were previously adjudicated in Civil Suit No. MFP 32 of 1994 and an earlier 1987 suit. The plaintiffs' claim to ownership of the suit land was already determined, with the court previously declaring the land to be public and not customarily owned by the plaintiffs. The foundation of the plaintiffs' locus standi to challenge the defendants' title was thus extinguished by the prior judgment. The court further held that the defendants, as registered proprietors, have…

Source excerpt

• Res Judicata
• Land Ownership
• Fraudulent Title
• Trespass
• General Damages

Settanda Kwemara v Kankindi and 6 Others

Settanda Kwemara v Kankindi and 6 Others (Civil Suit No. 19 of 2009) [2022] UGHCCD 132 (16 August 2022)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 19 of 2009

Judge

Byaruhanga Rugyema, J

The High Court found the plaintiff lawfully held title, held the 1st and 3rd defendants were trespassers, and declared the 2nd and 4th defendants bonafide occupants.

• Land Ownership
• Bonafide Occupancy
• Trespass
• Remedies
• Fraudulent Title
• Damages

Ainomugisha Vs Kyazze

Ainomugisha Vs Kyazze (Civil Suit No.839 of 2017) [2019] UGHCLD 20 (30 April 2019)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No.839 of 2017

Judge

Kawesa, J

The High Court held the respondent had no caveatable interest in the land after a lawful mortgage sale, vacated the caveat, cancelled the title, and awarded damages.

• Caveatable Interest
• Registration Of Titles
• Mortgage Enforcement
• Fraudulent Title
• Cancellation Of Caveat
• Caveatable-interest

Kaggwa & Anor v Ndyowayesu (HCCS 728 of 2016)

Kaggwa & Anor v Ndyowayesu (HCCS 728 of 2016) [2019] UGCommC 8 (25 April 2019)

Court

Commercial Court of Uganda

Case number

HCCS 728 of 2016

The High Court held that the defendant received UGX 100 million for a proposed microfinance venture, failed to launch it, and had to refund UGX 90 million after partial repayment.

• Breach Of Contract
• Loan Recovery
• Security For Debt
• Fraudulent Title
• Breach-of-contract
• Loan-recovery

TSMP (U) Ltd Vs Registrar of Titles & Anor (MISCELLENOUS APPLICATION NO. 184 OF 2017)

TSMP (U) Ltd Vs Registrar of Titles & Anor (MISCELLENOUS APPLICATION NO. 184 OF 2017) [2019] UGHCCD 107 (14 March 2019)

Court

HC: Civil Division (Uganda)

Case number

MISCELLENOUS APPLICATION NO. 184 OF 2017

The High Court of Uganda allowed joinder of the Jinja District Land Board as a third defendant in a land dispute involving alleged fraudulent allocation of the suit land.

• Joinder Of Parties
• Necessary Party
• Land Allocation Dispute
• Fraudulent Title
• Amendment Of Plaint
• Statutory Notices

TSMP (U) Ltd v Registrar of Titles & Anor (Miscellenous Application No. 184 of 2017)

TSMP (U) Ltd v Registrar of Titles & Anor (Miscellenous Application No. 184 of 2017) [2019] UGHCLD 4 (14 March 2019)

Court

HC: Land Division (Uganda)

Case number

Miscellenous Application No. 184 of 2017

Judge

Luswata, J

The High Court of Uganda allowed an application to join the Jinja District Land Board as a third defendant, finding it necessary to resolve a land allocation dispute.

• Joinder Of Parties
• Necessary Party
• Land Allocation Dispute
• Fraudulent Title
• Amendment Of Pleadings
• Joinder-of-parties

Nganda & 4 Ors Vs Fernandes (Misc. Application No. 133 of 2015)

Nganda & 4 Ors Vs Fernandes (Misc. Application No. 133 of 2015) [2015] UGHCCD 153 (29 July 2015)

Court

HC: Civil Division (Uganda)

Case number

Misc. Application No. 133 of 2015

Judge

Namundi, J

The High Court granted the applicants unconditional leave to defend a summary suit over disputed land title, finding their fraud allegations and temporary allocation raised triable issues.

• Summary Procedure
• Leave To Defend
• Fraudulent Title
• Equitable Interest
• Locus Standi
• Summary-procedure

Birungi & Ors v M/s BWF (U) Ltd (HCT-01-CV-MA-0144-2006)

Birungi & Ors v M/s BWF (U) Ltd (HCT-01-CV-MA-0144-2006) [2007] UGHCCD 14 (22 August 2007)

Court

HC: Civil Division (Uganda)

Case number

HCT-01-CV-MA-0144-2006

Judge

Rugadya, J

The court found that the applicants had demonstrated a prima facie case with triable issues, particularly regarding allegations of fraud in the acquisition of title to the suit land. The destruction of homes, crops, and community infrastructure by the respondent constituted irreparable injury that could not be adequately compensated by damages. The balance of convenience favored the applicants, as they were in possession of the land and their livelihoods were at stake. The court held that the status quo should be preserved until the final determination of the main suit, and therefore granted…

Source excerpt

• Temporary Injunction
• Adverse Possession
• Fraudulent Title
• Irreparable Injury
• Balance Of Convenience

Bumero Estates Limited v Kitosi Charles & Ors

Bumero Estates Limited v Kitosi Charles & Ors (Civil Suit No. 122 of 2002) (Civil Suit No. 122 of 2002) [2005] UGHC 71 (6 April 2005)

Court

High Court of Uganda

Case number

Civil Suit No. 122 of 2002

The court held the defendants were trespassers, rejected claims of bona fide occupation and customary tenure, dismissed the counterclaim, and awarded damages.

• Trespass To Land
• Customary Tenure
• Bonafide Occupants
• Fraudulent Title
• Eviction
• Damages