Uganda Case Law

Nalongo Estates Limited v Kampala Capital City Authority and Another

Nalongo Estates Limited v Kampala Capital City Authority and Another (Miscellaneous Application 309 of 2023) [2023] UGHCLD 243 (14 August 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 309 of 2023

Judge

Nkonge, J

The court found that both respondents failed to comply with its clear and unchallenged orders regarding the conduct of a joint survey and proper valuation for compensation. The 2nd respondent's unilateral survey and valuation, excluding the applicant's participation and the land value, contravened both statutory requirements and explicit court directives. The 1st respondent's refusal to extend leases and issue titles was not justified, as the applicant's lease had been extended in 2017 and the court's orders took precedence over the unexecuted memorandum of understanding. The court emphasized…

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• Compulsory Acquisition
• Lease Renewal
• Court Orders Enforcement
• Compensation Valuation
• Contempt Of Court

Kasirye and 2 Others v Simanya and 4 Others

Kasirye and 2 Others v Simanya and 4 Others (Civil Suit 168 of 2014) [2023] UGHCFD 77 (13 March 2023)

Court

HC: Family Division (Uganda)

Case number

Civil Suit 168 of 2014

Judge

Katunguka Kitariisibwa, J

The High Court upheld a 2011 will of Martin Luther Kasirye, confirmed probate for the named executors, and found no proved fraud in a lease renewal and transfer dispute.

• Probate And Administration
• Validity Of Wills
• Lease Renewal
• Property Transfer
• Fraud Allegations
• Inventory And Accounting

Abalema United Effort Limited v Uganda Land Commission (Misc Cause No. 122 of 2021)

Abalema United Effort Limited v Uganda Land Commission (Misc Cause No. 122 of 2021) [2023] UGHCLD 33 (14 February 2023)

Court

HC: Land Division (Uganda)

Case number

Misc Cause No. 122 of 2021

Judge

Nkonge, J

The High Court granted mandamus against the Uganda Land Commission for failing to implement an earlier land judgment and ordered compliance, interest, and costs.

• Judicial Review
• Mandamus
• Lease Renewal
• Court Order Enforcement
• Interest On Refunds
• Judicial-review

A. Dean & Company Ltd v Kampala Capital City Authority (KCCA)

A. Dean & Company Ltd v Kampala Capital City Authority (KCCA) (Civil Appeal No. 153 of 2015) [2023] UGCA 5 (3 January 2023)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 153 of 2015

Judge

Musota, JA, Bamugemereire, JA, Buteera, DCJ

The Court of Appeal held that the leaseholder was entitled to a fair hearing before the authority decided not to renew the lease and allowed the appeal.

• Judicial Review
• Fair Hearing
• Lease Renewal
• Legitimate Expectation
• Public Body Decision
• Registration Of Titles

Walugembe v Dr. Mwesigye and Another

Walugembe v Dr. Mwesigye and Another (Civil Suit No. 533 of 2016) [2022] UGHCLD 138 (6 July 2022)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 533 of 2016

Judge

Nkonge, J

The court found that both the plaintiff and defendants were strangers to the original lease agreement and could not invoke its terms. The plaintiff, as mailo owner, acquired title subject to existing equitable interests, including the defendants' long-standing occupation. The defendants' occupation was protected under proprietary estoppel and the Land Act, given their continuous, peaceful, and unchallenged possession for decades. The plaintiff could not sue for trespass or recovery of land, as the cause of action accrued long before his acquisition and was barred by limitation. The court held…

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• Mailo Ownership
• Lease Renewal
• Proprietary Estoppel
• Adverse Possession
• Limitation Of Actions
• Trespass To Land

Olango v Too-rom

Olango v Too-rom (Civil Appeal No. 39 of 2019) [2020] UGHC 125 (14 August 2020)

Court

High Court of Uganda

Case number

Civil Appeal No. 39 of 2019

Judge

Stephen Mubiru, J

The High Court allowed an appeal over disputed land in Gulu, held the respondent’s lease renewal was invalid, and ordered cancellation of his title.

• Lease Renewal
• Fraud In Land Transactions
• Title Registration
• Locus In Quo Procedure
• Public Land Allocation
• Land-law

Kukua Agriculture Limited v Tejani & Another

Kukua Agriculture Limited v Tejani & Another (Miscellaneous Application No. 113 of 2019) [2020] UGHC 38 (12 February 2020)

Court

High Court of Uganda

Case number

Miscellaneous Application No. 113 of 2019

Judge

Gadenya, J

The High Court of Uganda at Masindi dismissed a landlord-tenant injunction application, finding the applicant had not proved irreparable harm or justified interim restraint.

• Temporary Injunction
• Lease Renewal
• Right Of First Refusal
• Specific Performance
• Irreparable Injury
• Balance Of Convenience

Kamya v Kampala District Land Board & Another

Kamya v Kampala District Land Board & Another (Civil Appeal 6 of 2013) [2015] UGSC 127 (8 July 2015)

Court

Supreme Court of Uganda

Case number

Civil Appeal 6 of 2013

Judge

Katureebe, CJ, Kisaakye, JSC, Arach-Amoko, JSC, Tsekooko, JSC, Okello, JSC

The Supreme Court held that the 2nd respondent's application for renewal of the lease was competent and valid, as the Kampala District Land Board's conduct created a legitimate expectation that the 2nd respondent, as heir and sitting tenant, would be given a fair opportunity to apply for renewal. The Board's failure to give the 2nd respondent a hearing on the reasons for refusal, and its preference for the appellant's later application despite evidence of fraud, amounted to procedural impropriety, bias, and irrationality. However, the Court found that the High Court exceeded its jurisdiction…

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• Judicial Review
• Legitimate Expectation
• Procedural Fairness
• Lease Renewal
• Mandamus
• Natural Justice

Uganda Ex-servicemen Association Ltd v Kiboga District Land Board & 3 ors

Uganda Ex-servicemen Association Ltd v Kiboga District Land Board & 3 ors (Civil Suit No. 091 of 2009) [2015] UGHCCD 113 (27 May 2015)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 091 of 2009

Judge

Musene, J

The court found that the 2nd, 3rd, and 4th Defendants were in occupation and use of Ssingo Block 831 Plots 8, 9, and 10 from 1991, fulfilling the mixed farming covenant required for automatic enlargement of their leases to full terms. The Plaintiff's lease offer related to a different block (Ssingo Block 517 Plots 33 and 34), and its attempt to superimpose its survey onto the Defendants' titled land was unlawful. The Defendants' leases were properly extended and regularised, and their certificates of title are conclusive evidence of ownership, protected by statute. The Plaintiff had no legal…

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• Lease Renewal
• Certificate Of Title
• Land Ownership Disputes
• Registration Of Titles
• Specific Performance

Gapco v Kabarole (HC CV MA NO. 75 OF 2011)

Gapco v Kabarole (HC CV MA NO. 75 OF 2011) [2012] UGHC 433 (27 April 2012)

Court

High Court of Uganda

Case number

HC CV MA NO. 75 OF 2011

Judge

Chibita, J

The court found that while the lease renewal was conditional upon compliance with covenants, the respondent failed to clearly communicate any alleged breaches to the applicant or provide a fair hearing. The letters relied on by the respondent were vague and did not specify breaches or consequences. Furthermore, the respondent processed and approved a new lease for S. S Mugasa before formally notifying the applicant of any decision or breach, demonstrating procedural impropriety and bad faith. The respondent's actions contravened Section 59(1) of the Land Act and principles of natural justice.…

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• Lease Renewal
• Land Board Decisions
• Judicial Review
• Procedural Fairness