Uganda Case Law

Muwulize Growers Cooperative Society Limited v Rwenzigye

Muwulize Growers Cooperative Society Limited v Rwenzigye (Civil Appeal No. 13 of 2014) [2022] UGCA 173 (20 June 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 13 of 2014

The respondent did not acquire a lawful customary interest in the suit land under the Land Reform Decree No. 3 of 1975, as written permission from the prescribed authority was required for such acquisition after 1975. Mere occupation, possession, and development of public land did not confer customary tenure. However, both parties applied for and received lease offers from the Uganda Land Commission. The respondent's long-standing occupation and development of the land since 1991 granted him a possessory interest, while the appellant was never in possession and fraudulently claimed the land w…

Source excerpt

• Customary Tenure
• Public Land Occupation
• Leasehold Priority
• Land Reform Decree
• Possessory Interest

Muwulize Growers Coop Society Limited v Rwenzigye

Muwulize Growers Coop Society Limited v Rwenzigye (Civil Appeal No. 13 of 2014) [2022] UGCA 166 (10 June 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 13 of 2014

Judge

Egonda-Ntende, JA, Kibeedi Mutangula, JA, Gashirabake, JA

The Court of Appeal held that the respondent had no lawful customary tenure under the Land Reform Decree, but his long occupation and development gave him priority over the appellant’s undisclosed lease claim.

• Customary Tenure
• Public Land Allocation
• Land Reform Decree
• Leasehold Priority
• Fraudulent Land Applications
• Customary-tenure