Uganda Case Law

Prof Gakwandi v China Railways no. 3 Engineering Company Limited

Prof Gakwandi v China Railways no. 3 Engineering Company Limited (Civil Suit 27 of 2019) [2024] UGHC 141 (5 April 2024)

Court

High Court of Uganda

Case number

Civil Suit 27 of 2019

Judge

Wagona, J

The court found that the plaintiff had sold the suit property, including the house, to a third party before filing the suit. Although the plaintiff remained the registered proprietor at law, the equitable title and beneficial ownership had passed to the purchaser upon completion of the sale. The plaintiff's pleadings did not disclose the sale or the existence of an addendum allowing him to pursue compensation, and these facts only emerged during cross-examination. The court held that the plaintiff lacked sufficient interest (locus standi) in the property at the time of filing the suit and thu…

Source excerpt

• Compensation For Property Damage
• Locus Standi
• Cause Of Action
• Sale Of Land
• Pleadings
• Illegality In Contract

Ssekatawa & 3 Others v Mogo Loans SMC Limited

Ssekatawa & 3 Others v Mogo Loans SMC Limited (Civil Suit 503 of 2021) [2023] UGCommC 282 (12 April 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 503 of 2021

Judge

Anna B. Mugenyi, J

The High Court dismissed a suit by four borrowers against a money lender, finding misjoinder of parties and no clear cause of action.

• Money Lending Agreements
• Chattel Mortgage
• Misjoinder Of Parties
• Security Interest In Movable Property
• Cause Of Action
• Illegality In Contract

Kabwami v Mugisha

Kabwami v Mugisha (Civil Appeal 25 of 2019) [2022] UGHC 129 (29 November 2022)

Court

High Court of Uganda

Case number

Civil Appeal 25 of 2019

Judge

Joyce Kavuma, J

The court found that the appellant, as a beneficiary, did not have locus standi to institute the mother suit or the application for review without first obtaining letters of administration for his late father's estate. The actions of the appellant and his family in dealing with the estate without such authority amounted to intermeddling and rendered the underlying suit illegal. The principle that no action can arise from an illegality applied, and the court would not assist a party who was himself guilty of an illegality. The trial magistrate was within her jurisdiction to frame and determine…

Source excerpt

• Locus Standi
• Letters Of Administration
• Beneficiaries Rights
• Intermeddling In Estate
• Illegality In Contract
• Review Of Magistrate Orders

Mbugwa v Mugwe

Mbugwa v Mugwe (Civil Appeal No. 16 of 1948) [1949] EACA 1 (1 January 1949)

Court

East African Court of Appeal

Case number

Civil Appeal No. 16 of 1948

Judge

Edwards CJ, Graham Paul CJ, Nihill P

The Court of Appeal held that a motor lorry was not lawfully transferred until the Controller’s permit issued in December 1947, and dismissed the appeal.

• Sale Of Goods
• Attachment Of Property
• Transfer Of Title
• Illegality In Contract
• Motor Vehicle Regulation
• Sale-of-goods