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12 Jan 2024

Land And Property [2024] UGSC 8

Attorney General v Henley Property Developers Limited n

Attorney General v Henley Property Developers Limited n (Civil Appeal 5 of 2023) [2024] UGSC 8 (12 January 2024)

Court: Supreme Court of Uganda
Case number: Civil Appeal 5 of 2023
Judge: Mwondha, JSC, Tibatemwa-Ekirikubinza, JSC, Tuhaise, JSC, Musota JSC, Madrama , JSC

The Supreme Court held that the respondent, Henley Property Developers Ltd, conducted reasonable due diligence prior to purchasing the suit land, including multiple registry searches and surveys, and relied on official information from the Commissioner Land Registration. The respondent was not found to have acted fraudulently, nor was fraud proved or specifically pleaded by the appellant. The respondent qualified as a bona fide purchaser for value without notice, and the cancellation of its title by the CLR was an error attributable to the registrar, not the respondent. The respondent was ent…

Source excerpt

Land Title Registration
Bona Fide Purchaser
Government Liability For Land Registry Errors
Compensation For Deprivation Of Land
Interest On Compensation
Priority Of Land Titles

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9 Feb 2023

Civil Procedure [2023] UGHCLD 96

Najjembe and Another v Attorney General

Najjembe and Another v Attorney General (Miscellaneous Application No. 1858 of 2022) [2023] UGHCLD 96 (9 February 2023)

Court: HC: Land Division (Uganda)
Case number: Miscellaneous Application No. 1858 of 2022
Judges: Zeija, PJ

The application to amend the plaint and substitute the original plaintiffs with new parties fails because the intended new plaintiffs did not themselves formally apply to be joined as parties to the suit. The law requires that joinder be initiated by those who seek to be added, demonstrating their interest and willingness to pursue the claim. The current applicants, having transferred their interest, lack standing to bring the application on behalf of the new proprietors. Granting the application would result in orders binding parties who have not expressed interest or participated in the pro…