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Uganda decisions
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Kabuzi v Kabugo & Another (Civil Appeal 20 of 2019) [2024] UGHC 77 (26 February 2024)
High Court appeal over land trespass: the respondents were held to be lawful kibanja occupants; general damages were upheld, but special damages were set aside for recomputation.
Ahimbisibwe v Khasoso (Civil Appeal 29 of 2014) [2017] UGHC 2 (14 September 2017)
The High Court found that the appellant was not given the suit land as a gift inter vivos but was allowed to occupy it as a caretaker for the benefit of the children of the late Wilson Khasoso. The evidence presented by the respondent and his witnesses was found more credible and consistent than that of the appellant. The court held that the appellant's long occupation did not confer ownership or lawful occupant status under Section 29 of the Land Act, as the land was not registered and the statutory requirements were not met. The contradictions pointed out by the appellant in the defence cas…
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Sawko and Another v Attorney General and Another (Civil Suit No. 289 of 2014; Civil Suit No. 410 of 2013) [2017] UGHC 123 (4 May 2017)
The court found that Civil Suit No. 410 of 2013 was barred by the doctrine of res judicata because the issues and parties were substantially the same as those in Miscellaneous Cause No. 78 of 2009, which had already been determined by a competent court. The plaintiffs' claim that they were entitled to first option to purchase the property as sitting tenants was unfounded, as the government policy guidelines only prioritized sitting tenants who were public servants, and the plaintiffs' status as tenants did not confer lawful occupant status under the Land Act. The court also held that continue…
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Mulerangabo v Natocho & Ors (Civil Appeal No. 0079 of 2012) [2014] UGHCLD 126 (16 October 2014)
The High Court dismissed an appeal in a land trespass dispute, holding that the appellant failed to prove a lawful kibanja interest or consent from the mailo owner.
Amirali v Wasswa (Civil Suit No. 003 of 2009) [2014] UGHCLD 3 (14 February 2014)
The court found that the Plaintiff is the registered proprietor of the suit land, having acquired title through a documented chain of ownership dating back to 1940. The Defendant's claim of succession and occupancy was unsupported by documentary or credible oral evidence. The Defendant failed to establish lawful or bona fide occupancy under Article 237 of the Constitution and Section 29 of the Land Act, as there was no consent from the registered owner nor unchallenged occupation for the requisite period. The Defendant's caveat was found to be without legal basis, as he lacked an ascertainabl…
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