Uganda Case Law

Laban Kurama v Zion Construction Limited

Laban Kurama v Zion Construction Limited (Civil Suit 2383 of 2016) [2025] UGHCLD 136 (28 April 2025)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 2383 of 2016

Judge

Nabakooza, J

The court found that the Defendant misrepresented to the Plaintiff that the suit land was free from encumbrances when, in fact, the previous owner's (DW2) equitable interest had not been extinguished at the time of sale. This misrepresentation rendered the contract voidable at the Plaintiff's option, and upon the Plaintiff's avoidance, the contract became void. The Defendant's failure to fully compensate the previous owner before selling the land to the Plaintiff resulted in the Plaintiff's house being demolished by parties with a subsisting interest. The Plaintiff was entitled to a refund of…

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• Land Sale Agreements
• Misrepresentation
• Compensation For Demolition
• Voidable Contracts

Bukuli v Bigirwenkya

Bukuli v Bigirwenkya (Civil Suit 10 of 2021) [2025] UGCommC 28 (18 March 2025)

Court

Commercial Court of Uganda

Case number

Civil Suit 10 of 2021

Judge

Stephen Mubiru, J

The court found that the plaintiff's late payments under the original land sale agreement were accepted by the defendant without protest, amounting to a waiver of the breach. The defendant subsequently resold the land without rescinding the contract, constituting anticipatory repudiation and discharging the plaintiff's remaining obligations. The agreement of 29th October, 2016, in which the defendant undertook to refund the plaintiff's payments, was not vitiated by duress, as there was no credible evidence of illegitimate pressure or compulsion. The defendant's counterclaim for losses arising…

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• Breach Of Contract
• Waiver Of Breach
• Duress In Contract
• Anticipatory Repudiation
• Remedies For Breach
• Land Sale Agreements

Edikat and Another v Atiang

Edikat and Another v Atiang (Civil Appeal 22 of 2022) [2024] UGHC 628 (28 June 2024)

Court

High Court of Uganda

Case number

Civil Appeal 22 of 2022

Judge

Adonyo, J

The High Court upheld a land judgment, finding the respondent proved ownership, the appellants failed to prove their competing claim, and trespass and damages were justified.

• Customary Land Ownership
• Land Sale Agreements
• Trespass To Land
• Evidence Evaluation
• Damages Award
• Land-ownership

Arinaitwe and Anor v Lugarama and 4 Others

Arinaitwe and Anor v Lugarama and 4 Others (Miscellaneous Application 592 of 2023) [2024] UGHC 268 (6 May 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 592 of 2023

Judge

Allan Nshimye, J

The High Court ordered handwriting comparison to proceed using existing signatures on record and allowed the applicants to file an expert report in the pending land dispute.

• Handwriting Expert Evidence
• Signature Comparison
• Land Sale Agreements
• Admissibility Of Documents
• Handwriting-expert-evidence
• Signature-comparison

Bongerwa v Birungi

Bongerwa v Birungi (Civil Appeal 48 of 2021) [2024] UGHC 580 (30 April 2024)

Court

High Court of Uganda

Case number

Civil Appeal 48 of 2021

Judge

Serunkuma, J

The High Court dismissed an appeal over a land dispute, holding that the appellant proved only about one acre bought in 1999 and failed to prove trespass or procedural error.

• Land Sale Agreements
• Trespass To Land
• Locus In Quo Procedure
• Boundary Disputes
• Land-trespass
• Boundary-disputes

Nankya v Lutaya (Originating Summons 1 of 2023)

Nankya v Lutaya (Originating Summons 1 of 2023) [2024] UGHCLD 100 (16 April 2024)

Court

HC: Land Division (Uganda)

Case number

Originating Summons 1 of 2023

Judge

Nkonge, J

The High Court found that the respondent unlawfully encroached on an access road reserved for the applicant and ordered removal of barriers, damages, costs, and a permanent injunction.

• Access Road Disputes
• Land Sale Agreements
• Encroachment
• Injunctive Relief
• Access-road-disputes
• Land-encroachment

Mande v Nkumba University

Mande v Nkumba University (Civil Appeal 69 of 2020) [2024] UGHCCD 67 (8 April 2024)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal 69 of 2020

Judge

Baguma, J

The High Court allowed an appeal against refusal of leave to defend a summary suit, holding that the disputed land-sale agreement raised a triable issue.

• Summary Procedure
• Leave To Defend
• Triable Issues
• Land Sale Agreements
• Pending Litigation
• Fraud And Illegality

Busiku v Mafabi

Busiku v Mafabi (Civil Appeal 66 of 2023) [2024] UGHC 189 (5 April 2024)

Court

High Court of Uganda

Case number

Civil Appeal 66 of 2023

Judge

Adonyo, J

The appeal failed because the appellant did not adduce cogent evidence to prove ownership of the suit land beyond the power of attorney, nor did he disprove the respondent's evidence of a valid sale agreement. The trial magistrate correctly rejected the evidence of Bbuyi Iddi Makawa due to procedural inadequacies and lack of corroboration. The inconsistencies in the respondent's evidence were minor and did not undermine the defence. The appellant failed to establish trespass, as lawful possession was not proven. The appellate court found no error in the trial court's evaluation of evidence or…

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• Eviction Orders
• Powers Of Attorney
• Land Sale Agreements
• Locus Standi
• Trespass To Land

Namukasa v Kakeeto

Namukasa v Kakeeto (Civil Appeal 69 of 2022) [2024] UGHC 300 (3 April 2024)

Court

High Court of Uganda

Case number

Civil Appeal 69 of 2022

Judge

Tweyanze, J

The court found that the Respondent/Plaintiff's suit was time-barred under Section 5 of the Limitation Act, as the action to recover land was commenced 15 years after the right of action accrued, exceeding the statutory 12-year limitation period. The Respondent/Plaintiff's arguments regarding pending litigation and occupation as a bare licensee were unsupported by pleadings or evidence. The relationship between the parties was that of seller and buyer, not owner and licensee. The Appellant/Defendant's continuous occupation for over 12 years extinguished the Respondent/Plaintiff's title by ope…

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• Limitation Of Actions
• Adverse Possession
• Land Sale Agreements
• Trespass To Land

Mugisha v Bahinyuza

Mugisha v Bahinyuza (Criminal Appeal 30 of 2022) [2024] UGHC 152 (27 March 2024)

Court

High Court of Uganda

Case number

Criminal Appeal 30 of 2022

Judge

Emokor, J

The High Court held that the Chief Magistrate lacked jurisdiction to hear and determine Civil Miscellaneous Application No. 0030 of 2021, which sought to set aside an ex parte order originally issued by a Magistrate Grade One. Order 9 Rule 27 of the Civil Procedure Rules mandates that such applications must be made to the court that passed the decree. The Chief Magistrate's assumption of jurisdiction was illegal and rendered the resulting orders a nullity. The High Court set aside the orders of the Chief Magistrate and directed that the application be returned to the Kisoro Chief Magistrate's…

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• Jurisdiction Of Magistrates
• Setting Aside Exparte Orders
• Specific Performance
• Land Sale Agreements