Uganda Case Law

Kisoke and Another v Katalihwa

Kisoke and Another v Katalihwa (Civil Appeal 20 of 2021) [2024] UGHC 219 (19 April 2024)

Court

High Court of Uganda

Case number

Civil Appeal 20 of 2021

Judge

Wagona, J

The High Court found that the respondent failed to prove direct descent from Kadoma Kyampamba and that neither he nor his father ever used or possessed the suit land. The evidence demonstrated that the appellants and their family had occupied and developed the land for over 40 years, qualifying them as owners through adverse possession. The trial magistrate erred by relying on local council judgments that were nullified by the Chief Magistrate, and by accepting the claim of Kiiza Jeles as caretaker without sufficient evidence. The appellants did not plead bonafide occupancy, so the court coul…

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• Adverse Possession
• First Occupancy
• Land Inheritance
• Local Council Jurisdiction
• Bonafide Occupancy
• Pleadings And Amendments

Mugyenyi v Nambajje

Mugyenyi v Nambajje (Civil Appeal 51 of 2022) [2023] UGHC 447 (21 November 2023)

Court

High Court of Uganda

Case number

Civil Appeal 51 of 2022

Judge

Tom Chemutai, J

The appellate court found that the trial Magistrate correctly evaluated the evidence, including the distribution agreement and testimonies from local authorities and witnesses. The suit land was part of the estate of Mangadarena Nyirarukundo, who distributed it to her daughters, including the respondent's mother. The appellant's claim was unsupported by credible evidence, and his occupation of the land constituted trespass. The trial court's findings on ownership and trespass were upheld, and the appeal was dismissed for lack of merit.

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• Land Inheritance
• Ownership Dispute
• Trespass
• Distribution Of Estate

Eluku v Ecodu

Eluku v Ecodu (Civil Appeal 28 of 2022) [2023] UGHCCD 306 (11 October 2023)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal 28 of 2022

Judge

Adonyo, J

The High Court found that neither party conclusively proved ownership under customary tenure as required by law. The appellant's case was undermined by major contradictions regarding the size of the suit land, possession, and cultivation, as well as lack of documentary evidence or credible witnesses to support his claim of inheritance and possession. The respondent's evidence was more consistent and credible, showing uninterrupted possession and cultivation since 1971. The doctrine of adverse possession applied, as the respondent had possessed the land for well over twelve years, thereby exti…

Source excerpt

• Customary Land Tenure
• Adverse Possession
• Land Inheritance
• Burden Of Proof
• Contradictions In Evidence

Musobo and Another v Satya Kabutaki

Musobo and Another v Satya Kabutaki (Civil Appeal No. 54 of 2017) [2021] UGHCCD 192 (12 October 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal No. 54 of 2017

Judge

Byaruhanga Rugyema, J

The High Court dismissed a land appeal, holding that the respondent had capacity to sue as a beneficiary and that the trial court properly evaluated the evidence.

• Customary Land Ownership
• Burden Of Proof
• Capacity To Sue
• Land Inheritance
• Trespass
• Evaluation Of Evidence

Oola & 2 Ors v Lanen

Oola & 2 Ors v Lanen (Civil Appeal No. 0018 of 2017) [2018] UGHCLD 74 (6 December 2018)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal No. 0018 of 2017

Judge

Stephen Mubiru, J

The High Court dismissed a land appeal, upholding vacant possession and an injunction for the respondent after finding the appellants’ claims unsupported.

• Customary Land Tenure
• Land Inheritance
• Trespass To Land
• Mediation Confidentiality
• Vacant Possession
• Customary-land-tenure

Kundu v Matanda (HCT-04-CV-CA-0009/2004)

Kundu v Matanda (HCT-04-CV-CA-0009/2004) [2006] UGHCLD 8 (21 March 2006)

Court

HC: Land Division (Uganda)

Case number

HCT-04-CV-CA-0009/2004

Judge

Rugadya, J

On second appeal in a land dispute, the High Court held that the missing trial record and judgment made a just decision impossible and ordered a retrial.

• Land Inheritance
• Vacant Possession
• Clan Distribution
• Retrial Procedure
• Land-inheritance
• Retrial