Uganda Case Law

Jjingo Samuel Bagenzekukola v Norah Nakubulwa and John Kalungi Kalule

Jjingo Samuel Bagenzekukola v Norah Nakubulwa and John Kalungi Kalule (Civil Appeal No. 681 of 2023) [2025] UGCA 238 (18 July 2025)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 681 of 2023

Judge

Luswata, JA, Byaruhanga Jesse Rugyema, JA/JCC, Stella Alibateese, JA/JCC

The Court of Appeal found that the appellant failed to prove lawful ownership of the suit land on the balance of probabilities. The gift deed relied upon by the appellant named a different individual as the donee, and the evidence presented did not credibly establish that the appellant was the intended recipient. The chain of custody for the gift deed was broken, and the stepmother who allegedly provided the document did not testify. The expert evidence was discounted due to reliance on unproven documents (a cheque and a WILL), and the presumption of authenticity under Section 90 of the Evide…

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• Ownership Disputes
• Gifts Inter Vivos
• Estate Administration
• Will Contestation

Beyanga v Baryezo & Another

Beyanga v Baryezo & Another (Civil Appeal 28 of 2022) [2025] UGHC 180 (15 April 2025)

Court

High Court of Uganda

Case number

Civil Appeal 28 of 2022

Judge

Karoli Lwanga Ssemogerere, J

High Court appeal over alleged trespass and tree cutting failed because the appellant did not prove ownership of the disputed family land.

• Trespass To Land
• Succession And Estate Distribution
• Burden Of Proof
• Gifts Inter Vivos
• Adverse Possession
• Limitation Periods

Lapyem James Ochola v Aromorach Catherine

Lapyem James Ochola v Aromorach Catherine (Civil Appeal No. 40 of 2022) [2025] UGHC 528 (6 March 2025)

Court

High Court of Uganda

Case number

Civil Appeal No. 40 of 2022

Judge

Phillip Odoki, J

High Court land appeal dismissed after re-evaluating evidence, holding that alleged contradictions were minor, the respondent had possession, and the gift of unregistered land was valid.

• Customary Land Ownership
• Gifts Inter Vivos
• Land Boundaries
• Evidence Evaluation
• Locus In Quo Procedure
• Land-disputes

Lapyem v Aromorach

Lapyem v Aromorach (Civil Appeal 40 of 2022) [2025] UGHC 81 (6 March 2025)

Court

High Court of Uganda

Case number

Civil Appeal 40 of 2022

Judge

Phillip Odoki, J

The High Court, as a first appellate court, re-evaluated all the evidence and found that the contradictions in the respondent's case were minor and immaterial to the determination of ownership. The evidence, including physical features observed at the locus in quo, supported the respondent's claim of possession and use of the suit land prior to the appellant's entry in 2020. The appellant failed to prove long and peaceful possession or to show physical evidence of prior occupation. The law on gifts inter vivos for unregistered land does not require a written instrument; exclusive occupation a…

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• Customary Land Ownership
• Gifts Inter Vivos
• Land Boundaries
• Evidence Evaluation
• Locus In Quo Procedure

Biroli v Nambubu & Another

Biroli v Nambubu & Another (Civil Suit 17 of 2024) [2025] UGHC 158 (26 February 2025)

Court

High Court of Uganda

Case number

Civil Suit 17 of 2024

Judge

Karemani Jamson K, J

The High Court at Kiboga found the plaintiff failed to prove the land was part of her husband’s estate, but awarded general damages for interference with her possession.

• Trespass To Land
• Gifts Inter Vivos
• Lawful And Bona Fide Occupancy
• Registration Of Titles
• Special And General Damages
• Land-trespass

Karugaba and 2 Others v Kabalisa and Anor

Karugaba and 2 Others v Kabalisa and Anor (Civil Appeal 17 of 2020) [2024] UGHC 263 (29 April 2024)

Court

High Court of Uganda

Case number

Civil Appeal 17 of 2020

Judge

Mugabo, J

The High Court dismissed an appeal over whether a deceased father had distributed his estate inter vivos or left a valid will. The court upheld intestate succession.

• Succession On Intestacy
• Letters Of Administration
• Burden Of Proof
• Gifts Inter Vivos
• Validity Of Wills
• Succession-law

Mukaaya v Ssekamwa

Mukaaya v Ssekamwa (Civil Application 1139 of 2023) [2023] UGCA 351 (10 October 2023)

Court

Court of Appeal of Uganda

Case number

Civil Application 1139 of 2023

Judge

Kazibwe, JA

The Court of Appeal dismissed an application for temporary injunction pending appeal, holding that the notice of appeal was incompetent and no valid appeal was pending.

• Temporary Injunctions
• Right Of Appeal
• Status Quo Orders
• Gifts Inter Vivos
• Estate Administration
• Temporary-injunctions

Makuru v Byenkya and Another

Makuru v Byenkya and Another (Civil Appeal 41 of 2023) [2023] UGHCLD 355 (28 July 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal 41 of 2023

Judge

Byaruhanga Rugyema, J

The High Court found that the trial magistrate erred in law and fact by failing to properly evaluate the evidence and apply the law regarding gifts of land and validity of wills. The appellant established, through documentary and oral evidence, that his father acquired the suit land by a perfected gift intervivos from Yozefu Tibanyenda Nyakojo, and that he subsequently inherited and exclusively occupied the land. The respondents failed to prove their respective claims: the 1st respondent's possession of a land certificate in another's name did not confer ownership, and the 2nd respondent's pu…

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• Ownership Of Land
• Trespass To Land
• Gifts Inter Vivos
• Burden Of Proof
• Damages For Trespass

Makuru v Byenkya and Another

Makuru v Byenkya and Another (Civil Appeal 41 of 2023) [2023] UGHCLD 342 (28 July 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal 41 of 2023

Judge

Byaruhanga Rugyema, J

High Court appeal over title to land at Kyentale village. The court found the appellant proved ownership through a gift intervivos, while the respondents’ claims failed.

• Ownership Of Land
• Trespass To Land
• Gifts Inter Vivos
• Burden Of Proof
• Land-ownership
• Trespass-to-land

Namukasa and 4 Others v Haji Mulindwa(suing through Buwambakari sengabi,Nabukenya and Ssekabira)

Namukasa and 4 Others v Haji Mulindwa(suing through Buwambakari sengabi,Nabukenya and Ssekabira) (Civil Appeal No. 16 of 2020) [2021] UGHCCD 213 (3 December 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal No. 16 of 2020

Judge

Katamba Nkwanga, J

The High Court found that the trial Magistrate properly evaluated the evidence and correctly determined that the suit land was purchased by the Respondent, who distributed portions to his children and provided a matrimonial home to the 1st Appellant. The undistributed portion constitutes family land, jointly used by the Respondent and the 1st Appellant, and neither party may exclude the other from its use. The security of occupancy under Section 38A of the Land Act grants rights of use and occupancy but not ownership. The Appellants, having received their respective portions as gifts inter vi…

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• Matrimonial Property
• Family Land
• Security Of Occupancy
• Gifts Inter Vivos
• Burden Of Proof