Uganda Case Law

Mbakira Asaph v Nkuba George William

Mbakira Asaph v Nkuba George William (Civil Suit 75 of 2023) [2025] UGHC 435 (18 June 2025)

Court

High Court of Uganda

Case number

Civil Suit 75 of 2023

Judge

Allan Nshimye, J

The court applied the three-way test for the lis pendens rule: (1) whether there are two suits before a court with jurisdiction, (2) whether the parties are the same or litigating under the same title, and (3) whether the matter in issue is directly and substantially similar in both cases. The court found that both suits are before the High Court at Mbarara, involve the same parties on opposing sides, and concern the same suit land and core issue of ownership. The court held that the plaintiff, if aggrieved by the defendant's actions during the pendency of the earlier suit, should have sought…

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• Lis Pendens
• Multiplicity Of Suits
• Land Ownership Disputes
• Injunctions
• Abuse Of Process

Kajumba v Nyaisanja (HCT-01-LD-CS 43 of 2023)

Kajumba v Nyaisanja (HCT-01-LD-CS 43 of 2023) [2025] UGHC 137 (28 February 2025)

Court

High Court of Uganda

Case number

HCT-01-LD-CS 43 of 2023

Judge

Wagona, J

The court found that the instant suit and the earlier suit (HCT-00-CV-CS-LD 38 of 2021) involved the same parties, subject matter, and reliefs, and both were pending before the same court. Applying the tests for lispendens, the court held that the instant suit was barred under Section 6 of the Civil Procedure Act. Furthermore, the Plaintiff's conduct in filing a second suit on the same subject matter against the same defendant constituted an abuse of court process, as it perpetuated multiplicity of suits and risked conflicting judgments. The court concluded that the suit must be struck out an…

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• Lis Pendens
• Multiplicity Of Suits
• Abuse Of Court Process
• Land Trespass
• Remedies
• Striking Out Suit

Royal Transit Limited and Another v Kyamanywa and Others

Royal Transit Limited and Another v Kyamanywa and Others (Miscellaneous Application 1711 of 2024) [2025] UGCommC 66 (17 February 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1711 of 2024

Judge

Anna B. Mugenyi, J

The High Court found the later suit overlapped with an earlier suit on the same loan dispute, ordered consolidation, and held the plaint still disclosed a cause of action.

• Lis Pendens
• Cause Of Action
• Multiplicity Of Suits
• Breach Of Contract
• Fraudulent Misrepresentation
• Lis-pendens

Umeme Limited v Makubuya William T/A Polla Plast and Others

Umeme Limited v Makubuya William T/A Polla Plast and Others (Miscellaneous Cause 60 of 2024; Miscellaneous Cause No. 47 & 60 of 2024) [2024] UGCommC 382 (20 December 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause 60 of 2024 ; Miscellaneous Cause No. 47 & 60 of 2024

Judge

Tumusiime Rubagumya, J

The High Court dismissed consolidated applications seeking to set aside Supreme Court garnishee orders, holding the issues were already pending before the Supreme Court and barred by lis pendens.

• Garnishee Proceedings
• Jurisdiction Of High Court
• Abuse Of Court Process
• Lis Pendens
• Execution Of Decrees
• Garnishee-proceedings

Kawuma Ngobya v Nsambu and Another

Kawuma Ngobya v Nsambu and Another (Miscellaneous Application 1111 of 2024) [2024] UGHCLD 263 (7 November 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 1111 of 2024

Judge

Nabakooza, J

The court found that the question of whether the Respondents had locus standi to institute the main suit could not be determined as a preliminary objection because it required the court to ascertain facts and examine evidence regarding the legality of the Respondents' acquisition of the suit property. The court held that the Respondents, as registered proprietors, have a right to bring the suit, and any challenge to the legality of their title must be determined at trial. On the lis pendens issue, the court determined that although both suits concerned the same land, the parties and causes of…

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• Locus Standi
• Lis Pendens
• Ownership Of Land
• Mailo Land
• Estate Administration

Luyombya v Luyombya

Luyombya v Luyombya (Miscellaneous Application 1271 of 2023) [2024] UGHCFD 91 (27 September 2024)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 1271 of 2023

Judge

Kitariisibwa-Katunguka, J

The High Court dismissed an application to cancel land titles from a matrimonial property dispute, holding that pending appeal and stay proceedings triggered lis pendens.

• Matrimonial Property
• Lis Pendens
• Execution Of Judgments
• Title Transfer
• Lis-pendens
• Matrimonial-property

Mukasa v Jamada

Mukasa v Jamada (Miscellaneous Application 1784 of 2019) [2024] UGHCLD 230 (26 September 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 1784 of 2019

Judge

Naluzze Aisha Batala, J

The High Court dismissed an application for leave to appeal, holding that the trial judge had resolved both preliminary objections and that no arguable appeal was shown.

• Leave To Appeal
• Preliminary Objections
• Limitation Periods
• Lis Pendens
• Res Judicata
• Trespass To Land

Bwamusana and 2 Others v Alai and Another

Bwamusana and 2 Others v Alai and Another (Miscellaneous Application 135 of 2023) [2024] UGHC 870 (16 August 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 135 of 2023

Judge

Byaruhanga Rugyema, J

The High Court at Hoima dismissed an application to reinstate a stayed land suit, holding that an earlier judgment in rem had already settled the dispute.

• Reinstatement Of Suit
• Judgment In Rem
• Lis Pendens
• Fair Hearing
• Res Judicata
• Land-disputes

Kikonyogo and Another v Drasiku

Kikonyogo and Another v Drasiku (civil suit No. 0483 0F 2023) [2024] UGHC 1206 (11 July 2024)

Court

High Court of Uganda

Case number

civil suit No. 0483 0F 2023

Judge

Nabakooza, J

High Court land ruling overrules lis pendens objections, finds the plaint discloses a cause of action, and transfers the Kasangati suit for disposal.

• Fraudulent Land Registration
• Trespass To Land
• Cancellation Of Title
• Cause Of Action
• Lis Pendens
• Abuse Of Court Process

Thembo v Mubingwa

Thembo v Mubingwa (Civil Suit 47 of 2024) [2024] UGHC 656 (25 June 2024)

Court

High Court of Uganda

Case number

Civil Suit 47 of 2024

Judge

David S.L. Makumbi, J

High Court ruling dismissed a fresh land suit as barred by lis pendens, holding the proper course was to reinstate the original file for retrial under the Court of Appeal’s orders.

• Lis Pendens
• Abuse Of Court Process
• Jurisdiction Of Courts
• Multiplicity Of Suits
• Specific Performance
• Breach Of Contract