Uganda Case Law

Dingkuii v Mugisha and Another

Dingkuii v Mugisha and Another (Miscellaneous Application No. 1514 of 2019) [2022] UGHCLD 213 (4 November 2022)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 1514 of 2019

Judge

Kazaarwe, J

The court found that the Applicant did not participate in the proceedings leading to the consent order, was not properly served, and did not instruct counsel. The evidence showed that the Applicant's signature was forged and that the consent order was obtained through fraudulent actions and misrepresentation. The Respondent failed to provide a cogent defence, instead focusing on third party rights and acquisition history. The court held that the Applicant was the victim of fraud and that the consent order was invalid. The preliminary objection on res judicata was dismissed due to lack of supp…

Source excerpt

• Consent Order Review
• Fraud In Land Transactions
• Lease Cancellation
• Procedural Fairness
• Service Of Process

S.L.P Engineering and Contractors Limited v Nkambwe and Another

S.L.P Engineering and Contractors Limited v Nkambwe and Another (Civil Review 11 of 2020) [2021] UGHCLD 477 (9 February 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Review 11 of 2020

Judge

Kakooza, J

The court found that the applicant was an aggrieved party whose lease was cancelled without being afforded a right to be heard, contrary to the principles of natural justice and Article 28(1) of the Constitution. The applicant had a subsisting lease and had paid for it, and the respondent's failure to notify the applicant of the proceedings in Miscellaneous Cause No. 53 of 2018 constituted sufficient reason for review. The court also found that new and important evidence, such as the lease agreement and certificate of incorporation, was not considered in the original proceedings. The affidavi…

Source excerpt

• Review Of Court Orders
• Right To Be Heard
• Lease Cancellation
• Discovery Of New Evidence

Tumwebaze v Uganda Land Commission & Anor (Hct-05-cv-ma-0123-2008)

Tumwebaze v Uganda Land Commission & Anor (Hct-05-cv-ma-0123-2008) [2009] UGHC 238 (25 August 2009)

Court

High Court of Uganda

Case number

Hct-05-cv-ma-0123-2008

Judge

Gidudu, J

The High Court quashed the Uganda Land Commission’s cancellation of a lease offer for breach of natural justice, ordered a hearing, and awarded damages and costs.

• Judicial Review
• Natural Justice
• Right To Fair Hearing
• Lease Cancellation
• Registered Proprietor
• Public Body Decision Making