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Uganda decisions
Decisions matching the current search
Asaba v Kibirige (Civil Revision 8 of 2024) [2025] UGHC 161 (20 February 2025)
The High Court revised and set aside an LCIII decision, holding that the sub-county court had acted without jurisdiction by entertaining the matter as a first-instance case.
Rwakikabuzi v Kemitana (HCT-05-CV-CR 31 of 2022) [2024] UGHC 781 (28 August 2024)
The High Court dismissed an application to revise a Chief Magistrate’s execution order, holding that revision does not extend to LC1 decisions and that the LC1 court had jurisdiction over the land matter.
Luvule Ronald v Kisirivu Richard (Revision Cause 24 of 2023) [2024] UGHCLD 38 (15 February 2024)
The High Court found that the Local Council III Court of Katabi Town Council lacked original jurisdiction to hear the land dispute as a court of first instance. The Local Council Courts Act and its regulations require that all civil suits, including those relating to land, be filed initially in the Village Local Council Court. The LC III Court's exercise of original jurisdiction was therefore a material irregularity, rendering its decision and orders a nullity. The court further held that the existence of a certificate of title under the Registration of Titles Act conferred conclusive ownersh…
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Kacwanganyi v Banagakanwa (Civil Appeal 28 of 2022) [2023] UGHC 442 (7 September 2023)
The High Court held the appeal was incompetent for want of leave, and also found the LCIII proceedings null and void for lack of jurisdiction.
Isoto v Atai (Miscellaneous Application No. 140 of 2022) [2023] UGHCCD 58 (2 March 2023)
The High Court found that the Local Council Courts Act and its Regulations clearly vest original jurisdiction for civil matters relating to customary law and land in the Village Local Council Court (LC I), not in the LC II or LC III Courts. The statutory framework, as interpreted in Mutonyi Margaret Wakyala & Ors v Tito Wakyala & Ors [2011] UGHC 117 and reinforced by principles of statutory interpretation, establishes that any proceedings conducted by LC II or LC III Courts as courts of first instance in such matters are a nullity for want of jurisdiction. The court held that the Land (Amendm…
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Susan Byenkya v Byaruhanga Efurazia (Revision Application No. 5 of 2021) [2022] UGHC 42 (8 November 2022)
The High Court found that the Chief Magistrate acted with material irregularity and illegality by quashing the LC2 Court's judgment for want of jurisdiction without giving the applicant a proper opportunity to be heard. The court held that, under the Land (Amendment) Act, 2004 and the Local Council Courts Act, 2006, LC2 Courts have original jurisdiction to hear and determine land disputes as courts of first instance. The Chief Magistrate's failure to conduct formal proceedings and to ensure the applicant was served and heard constituted a miscarriage of justice. The High Court exercised its r…
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Baryaija v Karamagi (As administrator of the estate of late of kikwisire zaverio) and Another (Civil Appeal No. 301 of 2017) [2021] UGCA 56 (26 August 2021)
The Court of Appeal held that the High Court erred in upholding the decision of the LC1 Court of Kigoro, which purported to determine ownership of the suit land in favour of the respondents, despite a prior conclusive judgment by the Magistrate's Court in 1978 awarding the land to the appellant's predecessor. The doctrine of res judicata barred the LC1 Court from entertaining the dispute, as the parties derived title from those in the original suit, and the matter had already been finally determined. Furthermore, at the material time, the LC1 Court lacked jurisdiction to adjudicate land dispu…
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Lawrence Nabamba and Others v Herbert Semakula Musoke and Others (Civil Appeal No. 154 of 2017) [2019] UGCA 2123 (6 June 2019)
The Court of Appeal found that the evidence on record did not confirm the specific acreage of the suit land, and the trial court was correct in its finding. The late John Kibuuka was a kibanja holder, but the size and nature of his interest were not clearly established. The failure to visit the locus in quo was not a misdirection, as such visits are discretionary and the evidence adduced was sufficient for determination. The subdivision and alienation of the suit land, including the surrender of one acre containing burial grounds, was agreed upon by the parties, and the appellants had no furt…
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Uganda Telecom Limited v Adratere Oreste (Miscellaneous Civil Application No. 0021 of 2015) [2017] UGHCLD 289 (20 July 2017)
The High Court set aside a Chief Magistrate’s enforcement order and quashed a Bitoki LC I land decision for want of jurisdiction and irregularity.
Emulu v Akello (Hct-09-cv-cr. No. 006/2011) [2012] UGHC 128 (9 July 2012)
The High Court set aside lower-court orders in a land dispute after finding the LC II court had no jurisdiction to hear the case as a first-instance court.
