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Uganda decisions
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Luyigo and Another v Namwanje (Civil Appeal 118 of 2012) [2019] UGCA 2103 (21 October 2019)
The Court of Appeal held that an assignment of a kibanja without required consent was invalid, set aside the trial judgment, and restored the pre-1999 position.
Nalukwaago Vs The Commissioner Land Registration (Civil Appeal No. 0114 of 2017) [2019] UGHCLD 330 (9 May 2019)
The High Court found that the suit kibanja was family land, as evidenced by the occupation and use by Minani Gabriel, his wife, and children. Section 40 of the Land Act expressly prohibits the sale or transfer of family land without the prior written consent of the spouse and dependent children of majority age. The purported transaction between Minani Gabriel and the Defendant was therefore illegal and void, as no such consent was obtained. Furthermore, the agreed consideration of UGX 2,700,000 was never paid, rendering the contract void for lack of consideration. The trial Magistrate erred i…
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