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Uganda decisions
Decisions matching the current search
Bwamusana and 2 Others v Alai and Another (Miscellaneous Application 135 of 2023) [2024] UGHC 870 (16 August 2024)
The High Court at Hoima dismissed an application to reinstate a stayed land suit, holding that an earlier judgment in rem had already settled the dispute.
Masereka and 3 Others v Mbuiraghe and Another (Civil Suit 20 of 2017) [2023] UGHCCD 257 (30 June 2023)
The court found that the plaintiffs were not parties to the former suit (Civil Appeal No. 005 of 2008), and the issue of their entitlement to the suit land as family members was not adjudicated in that proceeding. There was insufficient evidence to establish that the parties in the current suit are the same or claim interest from those in the former suit. Therefore, the doctrine of res judicata does not apply. Regarding the principle of judgment in rem, the court held that although the previous judgment declared ownership of the land, it did not conclusively determine the plaintiffs' alleged…
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Bin-IT Services Ltd v Kampala Capital City Authority & Another (Civil Suit 198 of 2016) [2022] UGCommC 173 (2 October 2022)
The court found that the previous judgment in Civil Suit No. 297 of 2016 did not constitute a judgment in rem as it did not determine the status of property, and the plaintiff in the present suit was not a party to those proceedings. The principle of stare decisis does not automatically bar the current suit, as the facts and parties differ and the court has not yet heard evidence to determine if the cases are identical. The objections raised are premature, and the matter should proceed to a full hearing to establish the relevant facts and legal standing of the plaintiff under applicable regul…
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Walusimbi v Nakalanzi & 8 Others (Miscellaneous Application No. 1784 of 2019) [2020] UGHCLD 9 (12 June 2020)
The High Court refused to join Yahaya Walusimbi as a defendant, finding he had no recognizable interest in the suit land while an earlier judgment remained in force.
Katerega v Commissioner Land Registration & Ors (Miscellaneous Application No. 347 of 2013) [2013] UGHCLD 83 (14 November 2013)
The applicant's certificate of title for the suit land was cancelled and revoked by a High Court judgment in Civil Suit No. 85 of 2005, which operated as a judgment in rem and bound all persons, including the applicant, regardless of his participation in the suit. The applicant did not pursue the available remedy of review as provided under Order 46 r.(I) CPR and Section 83 CPA. Since the title was lawfully cancelled, the applicant has no legal interest in the suit land and cannot sustain an application for temporary injunction or the main suit. The application discloses no cause of action, a…
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Crane Finance Company Limited v Makerere Properties Limited (CIVIL SUIT NO. 759 OF 1998) [1999] UGHC 42 (15 June 1999)
The High Court struck out a land dispute suit after holding that a prior Court of Appeal decision had already determined the property belonged to Government.
