Uganda Case Law

Rugigana v National Social Security Fund (NSSF)

Rugigana v National Social Security Fund (NSSF) (Civil Suit 2613 of 2015) [2024] UGHCLD 21 (23 January 2024)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 2613 of 2015

Judge

Bernard Namanya, J

The plaintiff failed to discharge the burden of proof required in fraud cases, as she could not establish that her land was fraudulently included in the defendant's certificate of title or that the defendant acted with notice of any third-party interest. The evidence showed that the defendant conducted thorough due diligence, including title searches and physical inspections, which revealed no encumbrances or equitable interests. The doctrine of bona fide purchaser for value without notice of fraud applies, shielding the defendant from any claims arising from prior fraud. The certificate of t…

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• Fraudulent Registration
• Bona Fide Purchaser
• Certificate Of Title
• Equitable Interest
• Land Encroachment

The Registered Trustees Of Kampala Kindergarten Association v Labarnum Courts Limited and Others

The Registered Trustees Of Kampala Kindergarten Association v Labarnum Courts Limited and Others (Civil Suit No. 36 of 2008) [2023] UGHCLD 97 (27 January 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 36 of 2008

Judges

Zeija, PJ

The Plaintiff established a cause of action by showing its registered ownership of Plot 12 Kyaggwe Road and that the Defendants encroached on its land. The court adopted the joint surveyor's report, which conclusively determined that the 1st Defendant's land (Plot 4 Akii-Bua Close) encroached on the Plaintiff's land by approximately 16 decimals. The court found that the survey process, though delayed and complicated by the refusal of several surveyors, ultimately complied with the agreed terms of reference and was conducted under court direction. The court exercised its discretionary and inhe…

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• Boundary Disputes
• Land Encroachment
• Vacant Possession
• Permanent Injunction
• Survey Evidence
• Cause Of Action

Registered Trustees of Kampala Kindergarten Association v Labarnum Courts Limited and 3 Others

Registered Trustees of Kampala Kindergarten Association v Labarnum Courts Limited and 3 Others (Civil Suit No. 36 of 2008) [2023] UGHCLD 15 (27 January 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 36 of 2008

Judges

Zeija, PJ

The court found that the Plaintiff established a cause of action by showing ownership and possession of Plot 12 Kyaggwe Road and that the Defendants' actions adversely affected its rights through encroachment and construction of illegal structures. The court relied on the joint surveyor's report, which was adopted as conclusive evidence under section 26(2) of the Judicature Act, confirming that the 1st Defendant's land encroached on the Plaintiff's land by approximately 16 decimals. The court rejected the Defendants' procedural objections, noting that the surveyor was appointed by consent and…

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• Boundary Disputes
• Land Encroachment
• Vacant Possession
• Permanent Injunction
• Mesne Profits
• Survey Evidence

Kato Vs Kirungi & 3 Ors (HCT-01-LD-CS-0011 OF 2013)

Kato Vs Kirungi & 3 Ors (HCT-01-LD-CS-0011 OF 2013) [2019] UGHCCD 13 (13 March 2019)

Court

HC: Civil Division (Uganda)

Case number

HCT-01-LD-CS-0011 OF 2013

Judge

Musene, J

The High Court held that the defendants lawfully occupied the disputed kibanja through inheritance and dismissed the plaintiff’s land claim as time-barred.

• Customary Land Inheritance
• Beneficiary Rights
• Limitation Periods
• Land Encroachment
• Customary-land-inheritance
• Land-encroachment