Mutazindwa & 3 Others v Mushana
Mutazindwa & 3 Others v Mushana (Civil Suit 78 of 2019) [2024] UGHCLD 151 (31 May 2024)
The court found that the defendant acquired Kibanja interests on the suit land without obtaining the mandatory consent of the registered proprietor or their predecessor, as required by Section 34 of the Land Act. The defendant's admission that he did not seek consent and his lack of knowledge regarding the process indicated that no valid consent was obtained. The court rejected the argument that consent is optional or that the onus is solely on the assignor, holding that both the seller and purchaser must ensure compliance with statutory requirements. The transfer of title to the plaintiffs v…
Source excerpt
- Trespass To Land
- Mailo Land Rights
- Kibanja Holder Consent
- Remedies For Trespass
- Registration Of Titles
- Damages Assessment