Uganda Case Law

Ssempala v Ssempala & Another

Ssempala v Ssempala & Another (Civil Suit 951 of 2022) [2025] UGHCLD 24 (31 January 2025)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 951 of 2022

Judge

Naluzze Aisha Batala, J

The court found that the plaintiff and 1st defendant are joint registered proprietors of the suit land. The 1st defendant's unilateral act of placing the 2nd defendant in occupation without the plaintiff's consent violated the plaintiff's rights as a joint tenant. The 2nd defendant, not being a registered proprietor and lacking the consent of both joint owners, was deemed a trespasser. The court rejected the res judicata defense, finding that the issues in the divorce proceedings differed from those in the present suit. The court held that a joint tenancy may be severed where one party no lon…

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• Joint Tenancy
• Trespass To Land
• Partition Of Property
• Mesne Profits
• Remedies And Damages

Kalibbala and Another v Mwebe

Kalibbala and Another v Mwebe (Miscellaneous Cause 147 of 2023) [2023] UGHCLD 421 (20 November 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Cause 147 of 2023

Judge

Naluzze Aisha Batala, J

The High Court found the notice of motion was procedurally improper for deciding complex family-land and title issues, and dismissed the application.

• Joint Tenancy
• Severance Of Tenancy
• Family Land Disputes
• Procedural Irregularity
• Joint-tenancy
• Severance-of-tenancy

Tumwiine and 2 Others v Asiimwe (HCT-05-CV-MC 9 of 2023)

Tumwiine and 2 Others v Asiimwe (HCT-05-CV-MC 9 of 2023) [2023] UGHC 124 (10 November 2023)

Court

High Court of Uganda

Case number

HCT-05-CV-MC 9 of 2023

Judge

Allan Nshimye, J

The court found that the suit land was held under joint tenancy by the parties, and upon the death of Amooti Betty Turyahikayo, her interest in the land passed equally to the surviving joint tenants by operation of law. The respondent's claim to a specific portion of the land was rejected, as any disposition of interest under joint tenancy requires severance, which had not occurred. The Administrator General's involvement was deemed irrelevant, as joint tenancy property does not form part of the deceased's estate. Given the escalating animosity and breach of joint tenancy principles, the cour…

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• Joint Tenancy
• Severance Of Joint Tenancy
• Partition Of Land
• Succession And Survivorship

Tumwine and Others v Asiimwe

Tumwine and Others v Asiimwe (Miscellaneous Cause 9 of 2023) [2023] UGHC 103 (10 November 2023)

Court

High Court of Uganda

Case number

Miscellaneous Cause 9 of 2023

Judge

Allan Nshimye, J

The High Court held that the suit land was held in joint tenancy, severed the joint tenancy after the death of one co-owner, and ordered subdivision into four equal shares.

• Joint Tenancy
• Severance Of Joint Tenancy
• Partition Of Land
• Rights Of Survivorship
• Joint-tenancy
• Severance-of-joint-tenancy

Tibagwa and 3 Others v Tumusiime

Tibagwa and 3 Others v Tumusiime (Miscellaneous Application 5 of 2022) [2023] UGHCLD 336 (31 August 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 5 of 2022

Judge

Byaruhanga Rugyema, J

The application was struck out because it was served out of time, contrary to the requirements of the Civil Procedure Rules. The applicants failed to seek leave of court for extension of time to serve the application. The court found that service was effected approximately four months after the prescribed period, and in the absence of any application for extension, the application could not be entertained. The court exercised discretion not to award costs, considering the familial relationship of the parties and the need to promote reconciliation rather than escalate conflict. The substantive…

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• Caveat Removal
• Joint Tenancy
• Service Of Process
• Estate Of Deceased Person

Teefe v Kakaire and Others (Land Civil Suit 49 of 2007)

Teefe v Kakaire and Others (Land Civil Suit 49 of 2007) [2023] UGHC 66 (30 August 2023)

Court

High Court of Uganda

Case number

Land Civil Suit 49 of 2007

Judge

Nabisinde, J

The plaintiff lawfully acquired a 49-year lease from the Iganga District Land Board after the defendants' lease expired and was not renewed. The certificate of title issued to the plaintiff is conclusive evidence of ownership, and the IGG investigation found no fraud in the acquisition process. The defendants, having failed to renew their lease and refusing to vacate after compensation was offered, are tenants at sufferance and have no legal claim to the property. Their continued occupation constitutes trespass. The counterclaim for fraud and cancellation of the plaintiff's title fails due to…

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• Lease Expiry
• Trespass To Land
• Registration Of Titles
• Joint Tenancy
• Fraud In Land Transactions
• Remedies For Trespass

Sseruwagi and Another v Daaki and 4 Others

Sseruwagi and Another v Daaki and 4 Others (Miscellaneous Application 188 of 2022) [2023] UGHCLD 142 (26 May 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 188 of 2022

Judge

Kazibwe, J

The High Court declined to declare a land-related suit abated and rejected a claim that joint tenancy interests had vested in the applicants.

• Joint Tenancy
• Doctrine Of Survivorship
• Abatement Of Suit
• Registration Of Titles
• Probate And Administration
• Abatement-of-suit

Mukuba v Kiyimba Lubega

Mukuba v Kiyimba Lubega (Miscellaneous Cause No. 107 of 2022) [2023] UGHCLD 38 (11 January 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Cause No. 107 of 2022

Judge

Bernard Namanya, J

The court found that the applicant and respondent were joint tenants of the suit land, as evidenced by the certificate of title and relevant statutory provisions. The applicant demonstrated, through uncontroverted evidence, that he solely developed a portion of the land with rental units and paid all associated taxes and maintenance. The respondent's conduct, including occupying a rental unit without contributing to development or costs, and the lack of cooperation between the parties, established a course of dealing inconsistent with joint tenancy. Applying common law and equitable principle…

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• Joint Tenancy
• Severance Of Tenancy
• Partition Of Land
• Registration Of Titles
• Remedies In Land Disputes

Ntoreine v Namutebi

Ntoreine v Namutebi (Civil Suit No. 98 of 2019) [2022] UGHCLD 143 (5 August 2022)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 98 of 2019

Judge

Keitirima, J

The High Court held that the plaintiff was the lawful owner of the suit land, found the defendant to be a trespasser, and dismissed the counterclaim.

• Ownership Of Land
• Joint Tenancy
• Trespass To Land
• Resulting Trusts
• Bona Fide Purchaser
• Injunctive Relief

In Re: Adriko Reuben(a Minor)

In Re: Adriko Reuben(a Minor) (Miscellaneous Civil Application No. 0008 of 2016) [2016] UGHCFD 10 (13 July 2016)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Civil Application No. 0008 of 2016

Judge

Stephen Mubiru, J

The High Court granted a father conditional guardianship over jointly owned property with his minor son, to protect the child’s proprietary interests.

• Guardianship Of Minor
• Joint Tenancy
• Property Rights Of Children
• Conflict Of Interest In Guardianship
• Guardianship-of-minor
• Joint-tenancy