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Uganda decisions
Decisions matching the current search
Ndamwe & Others v Mutonyi & Another (Civil Appeal 77 of 2020) [2024] UGHC 85 (5 March 2024)
High Court land appeal over a disputed plot in Sironko. The court upheld most of the trial decision, found the appellants were not trespassers, but confirmed ownership findings against them.
Byomuhangi v Twesiime (Civil Appeal 5 of 2022) [2023] UGHCCD 183 (28 April 2023)
The court found that both the appellant and respondent derived their claims from purchase agreements executed by their respective late fathers, dated a year apart and referring to the same land. Applying the equitable maxim that where there are two equal equities, the first in time prevails, the court held that the respondent's late father, having purchased the land in 1981, had a superior equitable title over the appellant's late father, who purchased in 1982. The court also noted inconsistencies in the appellant's evidence regarding possession and inheritance, and found the respondent's cla…
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Sekindi v Kaumba (Civil Suit 267 of 2017) [2023] UGHCFD 79 (27 March 2023)
The High Court held that the Muyenga property was jointly owned and should be shared equally, while the Luwero land remained the plaintiff’s inheritance but its developments were shared.
Ocaya v Abwol and Another (Civil Appeal No. 76 of 2020) [2023] UGHCCD 27 (9 February 2023)
The court found that the suit was not time barred as the cause of action accrued when the Respondents returned from the IDP camps and found the Appellant in occupation, which was within the limitation period. The Appellant failed to plead limitation in his defence, and thus could not raise it on appeal. The evidence established that the Respondents inherited the suit land from their late husbands, who in turn inherited from Erica Cwa. The Appellant's grandfather, Hannington Anying, was permitted to use only three gardens on the land, and long possession of these gardens by the Appellant's fam…
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Birungi and 3 Others v Kusemererwa and 2 Others (Civil Appeal No. 74 of 2014) [2021] UGHCCD 170 (4 November 2021)
The High Court dismissed a land appeal, upholding the trial court’s finding that the appellants failed to prove ownership or beneficiary rights to the disputed land.
Oketta v Achaye & 3 Others (Civil Appeal No. 4 of 2019) [2020] UGHC 112 (22 May 2020)
The High Court ordered a partial retrial in a land dispute after finding the trial court misunderstood the evidence on the common boundary between the parties’ inherited land.
APDF and Another v Mali (Application No. 046/2016) [2018] AfCHPR 9 (11 May 2018)
The African Court held that Mali’s Family Code breached regional and international protections on child marriage, consent to marriage, inheritance, and harmful practices.
El-Riami and Others v Wakf Commissioners, Zanzibar (Civil Appeal No. 1 of 1946) [1946] EACA 7 (1 January 1946)
The court held that although a wakf can be constituted by will, the terms of the will in question made the ultimate benefit to the poor Muslims of the Ibathi sect so remote and uncertain as to be illusory. The property was first dedicated to the testatrix's children, grandchildren, and their posterity, then to her near relatives, and only after their extinction to the poor. The likelihood of the poor ever receiving any benefit was so remote that the wakf failed for uncertainty and remoteness. Consequently, the wakf was declared void and of no effect, and the property was held to form part of…
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Ex Officio Agent for the Public Trustee as Administrator of the Estate of Sadati Bin Sanawiya, deceased v Terro (C.A. 17/1930 (Msa.);) [1930] EACA 129 (1 January 1930)
The court held that the Cadi has full jurisdiction to try both marriage and dowry issues together in one proceeding, as both fall within the scope of personal status matters under Mohammedan law and the Courts Ordinance. The requirement for a marriage certificate is not absolute; oral evidence and witness testimony are sufficient to establish the existence of a marriage under Mohammedan law. The court found no reason to disturb the Kathi's findings that the marriage took place, the dowry remained unpaid, and the respondent is entitled to inherit. The appeal was therefore dismissed with costs.
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