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Uganda decisions
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Kigozi Nabagala v Bwanika and 2 Others (Civil Suit 1003 of 2022) [2025] UGHCLD 143 (17 July 2025)
The High Court Land Division declined to consolidate this land suit with a divorce cause, citing different divisions, jurisdiction, and the location of the disputed property.
Kiggundu v Kaddu (Miscellaneous Application 1515 of 2023) [2024] UGHCFD 31 (1 July 2024)
The High Court’s Family Division dismissed an ex parte application to release land from attachment and stay eviction, finding no proved possession or interest.
Tushemereirwe v Yosamu and 3 Others (HCT-05-LD-CS 67 of 2019) [2024] UGHC 553 (28 June 2024)
The court found that the plaintiffs, as biological children and beneficiaries of the estate of the late Erifazi Bikirimire, have sufficient interest and locus standi to file suit to protect the estate, including challenging alleged unlawful distribution and fraudulent transfer of estate property. The principle from ISRAEL KABWA VS MARTIN BANOBA MUSIGA SCCA No.52/1995 applies, allowing beneficiaries to sue in their own names even without letters of administration, particularly where the suit seeks to protect the estate from mismanagement or illegal acts. The existence of an administrator does…
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Kate Trading & Supplies Limited v Emadu & 4 Others (Miscellaneous Application 165 of 2024) [2024] UGCommC 190 (21 June 2024)
The court found that the preliminary objection regarding the abatement of the suit was unmerited, as Order 11 A Rule 6 is directory and there was no order dismissing the main suit. The Applicant demonstrated interest in the suit by filing the application. The court held that amendments to pleadings are permissible at any stage before judgment, especially when necessary to determine the real questions in controversy and to avoid multiplicity of suits. The proposed amendment, although introducing a new cause of action, is not barred by law according to Supreme Court precedent. The amendment was…
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Nakanjako v R.L Jain Limited & 5 Others (Miscellaneous Application 1925 of 2023) [2024] UGCommC 124 (7 May 2024)
The High Court allowed an application to amend a plaint and join additional defendants in a land and loan dispute, finding no prejudice and no change to the case character.
Luyimbazi & 16 Others v Kabaaga & 2 Others (Miscellaneous Application 942 of 2023) [2024] UGHCFD 22 (26 April 2024)
The High Court dismissed a suit for lack of locus standi and res judicata, holding the respondents could not relitigate issues already decided in earlier estate disputes.
Nassuna & Another v Kiwanuka & Another (Civil Suit 95 of 2015) [2024] UGHC 171 (28 February 2024)
The High Court revoked letters of administration obtained by the 1st defendant, found the title transfers fraudulent, and awarded the plaintiffs damages and costs.
Bukenya Henry v Remode Enterprises Ltd (Civil Appeal No. 040 of 2014) [2023] UGCA 369 (3 March 2023)
The Court of Appeal allowed the appeal, holding that the respondent’s moneylending claim was governed by the Moneylenders Act and that the trial court erred in treating it as a mortgage dispute.
Gebawaya v Nanyonga and Another (Miscellaneous Application No. 2501 of 2021) [2022] UGHCLD 62 (16 May 2022)
The court found that the issues in the head suit, specifically the allegations of fraud in the acquisition and transfer of the suit property, were not adjudicated in Matrimonial Cause No. 50 of 2021, which only determined ownership and contributions. Therefore, the head suit is not barred by res judicata. The applicant retains locus standi as he has appealed the matrimonial judgment and claims a direct interest in the property. The proposed amendment and joinder of Mr. Mutebi as co-defendant arise from the same alleged acts and transactions, and common questions of law and fact would arise if…
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Kayanja and Another v Wasswa and Another (Civil Suit 41 of 2019) [2022] UGCommC 171 (25 March 2022)
The High Court held that the first defendant fraudulently transferred and mortgaged estate property, cancelling the title and mortgage and awarding damages.
