The Supreme Court held that the appeal lacked merit on all grounds. The Court found that the matter was res judicata, having been conclusively determined in previous proceedings, and that the Court of Appeal correctly dismissed the appellant's claim. The alleged illegalities regarding the acquisition and transfer of the suit properties were not pleaded or determined in the lower courts and could not be raised on second appeal. The Court further held that the award of costs to respondents was proper, as all were represented and incurred expenses defending the suit. The Court declined to remit…
Ddamulira v Mugabi (Misc. Application No.0433 of 2017) [2018] UGHCLD 22 (23 February 2018)
Court
HC: Land Division (Uganda)
Case number
Misc. Application No.0433 of 2017
Judge
Kawesa, J
The High Court in Kampala dismissed an application to amend pleadings to join a company, holding the proposed amendment was barred by limitation and disclosed concealment.
Ntabazi Vs Walusimbi (Civil Appeal No. 101 of 2012) [2015] UGHCCD 144 (16 April 2015)
Court
HC: Civil Division (Uganda)
Case number
Civil Appeal No. 101 of 2012
Judge
Namundi, J
The High Court found that the trial Magistrate failed to properly evaluate the evidence and circumstances as a whole, particularly regarding the Respondent's conduct in acquiring title. The Respondent, with knowledge and complicity, facilitated the survey and installation of mark stones beyond the established hedge, encroaching on the Appellant's kibanja without consent. This conduct amounted to fraud and illegality, as the Respondent did not seek the Appellant's consent or establish the true boundaries before registration. The law protects the interests of customary tenants, and any misdescr…