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Uganda decisions
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Kanyike v Nyakana and Others (MISCELLANEOUS APPLICATION NO. 0908 OF 2024) [2025] UGHC 258 (5 May 2025)
The High Court allowed an application to amend the plaint and join two additional defendants in a land dispute, finding their presence necessary for full determination.
Winnie Senyange and Others v Peninah Nakafero and Others (Civil Suit 9 of 2007) [2025] UGHCFD 55 (4 April 2025)
The High Court dismissed a land dispute suit, finding the plaintiffs failed to prove forged letters of administration, fraud, or any basis to cancel the 5th defendant’s title.
Agaba & Another v Wekesa (Miscellaneous Application 13 of 2024) [2024] UGHC 1102 (10 December 2024)
The court found that the Applicants had demonstrated a prima facie defence to the main suit, including arguments based on limitation and lack of legal nexus, which were not adequately rebutted by the Respondent. The Respondent, being a foreigner with no assets in Uganda, posed a real risk that the Applicants would be unable to recover costs if successful. The court held that, in the interests of justice and given the passage of time since the alleged fraud, it was just and fair to require the Respondent to provide security for costs. The court exercised its discretion judiciously, balancing t…
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Kaggwa v Musiimenta (Civil Appeal 10 of 2022) [2024] UGSC 41 (20 June 2024)
The Supreme Court upheld findings that the appellant was not a bona fide purchaser for value without notice, and dismissed the appeal with costs.
Bongomin & Another v Kimbugwe & 2 Others (Civil Suit 588 of 2017) [2024] UGHCLD 165 (20 June 2024)
The High Court found that the plaintiffs’ land was fraudulently transferred to the 1st defendant using forged signatures, and ordered cancellation and reinstatement.
Nassolo and 4 Others v Engola and 8 Others (Civil Suit 623 of 2017) [2024] UGHCLD 115 (25 April 2024)
The court found that the sale of the suit land by Badru Katerega to Willie Patrick Ogule was conducted before Katerega was registered as administrator and without the consent of all beneficiaries, violating statutory requirements and amounting to fraud. The transaction was not for the benefit of all beneficiaries, and the subsequent registration of Ogule as proprietor was tainted by these irregularities. The court held that only a registered administrator can pass good title, and that the defendants failed to demonstrate due diligence or bona fide purchaser status. However, since five benefic…
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David Muwanga, Luwemba James Mande & Birabwa Christine Jajjemba (Administrators of the estate of the late Ezekiel Mukasa) v Margaret Nakiganda, Namusoke Allen, Namusisi Roy, Nakityo Roy & Paulo Mugisha Kabanza (Civil Suit 942 of 2021) [2024] UGHCLD 27 (29 January 2024)
The court found that the 1st to 4th defendants had no exclusive right of ownership over the suit land, as the evidence and inventory of the estate of the late Ezekiel Mukasa showed the land was reserved as family land and burial ground for the benefit of all beneficiaries. The purported gift to the 1st defendant was unproven and unsupported by documentary evidence. The sale of the suit land to the 5th defendant was therefore unauthorized and illegal, as the sellers had no authority to dispose of the property without the consent of all beneficiaries. The 5th defendant, despite claiming due dil…
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Stephen Bainomugisha v Yokana Mutambuze & Nathan Lwamubende (Civil Suit 18 of 2013) [2024] UGHC 3 (12 January 2024)
The High Court dismissed a land recovery suit as statute-barred, finding the cause of action arose in 1977 and no proper exemption from limitation was pleaded.
Nabalanza and Another v Nabitetenankinga and Another (Civil Suit 705 of 2017) [2023] UGHCLD 367 (13 October 2023)
The court found that the defendant fraudulently transferred the suit land into her name by taking advantage of the illiteracy and vulnerability of the original owners, acting beyond the scope of her authority as an agent and in breach of trust. The power of attorney and memorandum of understanding terminated upon the death of the principals, and the subsequent transfer was void and illegal. The defendant's actions constituted intentional misrepresentation and fraud, as evidenced by inconsistent statements regarding consideration and authority, lack of proper attestation under the Illiterates…
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Nabalanza and Another v Nabitetenankinga and Another (Civil Suit 705 of 2017) [2023] UGHCLD 366 (13 October 2023)
The court found that the defendant fraudulently transferred the suit land into her name by taking advantage of the illiteracy and trust of the deceased owners, using documents that were void and illegal under the Illiterates Protection Act and without proper certification or reciprocal rights. The power of attorney and memorandum of understanding terminated upon the death of the donors, and the defendant had no authority to continue with the transfer. The defendant's actions constituted intentional misrepresentation and fraud, as evidenced by inconsistent statements regarding the nature of th…
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