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Uganda Case Law

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Land And Property [2024] UGHCLD 194

Lwanga v Lubwama & Another

Lwanga v Lubwama & Another (Miscellaneous Cause 47 of 2024) [2024] UGHCLD 194 (23 July 2024)

Court
HC: Land Division (Uganda)
Case number
Miscellaneous Cause 47 of 2024
Judge
Naluzze Aisha Batala, J

The court found that the caveat in question had already been removed by the office of the 2nd Respondent, and the land subdivided, rendering the application moot. The 1st Respondent failed to take any substantive legal action since lodging the caveat in 2019, contrary to the principle that caveats are temporary protections requiring timely pursuit of claims. The affidavit in reply was partially sustained as hearsay and not within the deponent's knowledge, but this did not affect the substantive outcome. As the caveat no longer existed, the court declined to issue orders that would serve no pr…

Source excerpt

  • Caveat Removal
  • Registered Proprietorship
  • Affidavit Evidence
  • Hearsay In Affidavits
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Election Petitions [2022] UGCA 337

Kayanja v Rulinda and Another

Kayanja v Rulinda and Another (Election Petition Appeal 30 of 2021) [2022] UGCA 337 (16 May 2022)

Court
Court of Appeal of Uganda
Case number
Election Petition Appeal 30 of 2021
Judge
Egonda-Ntende, JA, Madrama Izama, JA, Luswata, JA

The Court of Appeal held that the High Court erred in treating affidavit evidence as the exclusive mode of proof in election petitions. Section 64(1)(a) of the Parliamentary Elections Act, 2005 requires that witnesses be summoned and sworn as in civil proceedings, and the rules purporting to mandate trial by affidavit are void to the extent of their inconsistency with the parent Act. The main affidavit accompanying the petition is a pleading, not the sole evidence, and defects in supporting affidavits do not necessarily render the petition fatally defective. The trial judge should have allowe…

Source excerpt

  • Affidavit Evidence
  • Admissibility Of Evidence
  • Statutory Interpretation
  • Procedural Irregularity
  • Hearsay In Affidavits
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.