Kunya v Naigaga & Another (Civil Appeal 70 of 2023) [2023] UGHC 465 (31 October 2023)
Court
High Court of Uganda
Case number
Civil Appeal 70 of 2023
Judge
Batema, J
The High Court dismissed an appeal over a land ownership dispute, finding no proven gift or valid sale agreements and holding the trial court properly assessed the evidence.
Numu Birisi v Bahungule and Another (Civil Appeal 39 of 2023) [2023] UGHCCRD 156 (28 July 2023)
Court
HC: Criminal Division (Uganda)
Case number
Civil Appeal 39 of 2023
Judge
Byaruhanga Rugyema, J
The High Court dismissed a land appeal, upholding registered title ownership and finding no need for a locus visit, but reduced general damages from UGX 15 million to UGX 8 million.
Nunu Birisi v Bahungule and Another (Civil Appeal 39 of 2023) [2023] UGHCLD 357 (28 July 2023)
Court
HC: Land Division (Uganda)
Case number
Civil Appeal 39 of 2023
Judge
Byaruhanga Rugyema, J
The High Court dismissed an appeal over ownership of land in Hoima, upheld the trial court’s findings, and reduced general damages from UGX 15 million to UGX 8 million.
Musiisi v Kanakulya (Civil Appeal No. 171 of 2015) [2022] UGCA 10 (25 January 2022)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 171 of 2015
Judge
Monica K. Mugenyi, JA, Madrama, JA, Mulyagonja, JA
The Court of Appeal dismissed a second appeal over bibanja land, holding that the appellant had not proved an out-of-time appeal or shown any basis to disturb the first appellate court.
Lawrence Nabamba and Others v Herbert Semakula Musoke and Others (Civil Appeal No. 154 of 2017) [2019] UGCA 2123 (6 June 2019)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 154 of 2017
Judge
Egonda-Ntende, JA, Obura, JA, Mulyagonja, JA
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…
Kabiguruka v Byarufu (Civil Appeal No. 18 of 2008) [2010] UGCA 7 (23 February 2010)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 18 of 2008
The Court of Appeal upheld a retrial order in a land dispute, holding that the High Court was not barred from re-examining the case despite delay in filing the appeal.
Oyaka Yeko & 2 oers v Onono Philips (Civil App. No. 36 Of 2007) (Civil App. No. 36 of 2007) [2008] UGHC 111 (30 October 2008)
Court
High Court of Uganda
Case number
Civil App. No. 36 of 2007
The High Court found that, except for one witness, the evidence in the lower court was not given on oath, rendering the trial a nullity as the evidence lacked validity. The trial magistrate also failed to visit the locus in quo, which was necessary to ascertain the boundaries and the actual subject of the dispute. These procedural errors constituted a miscarriage of justice and fundamental errors, making the lower court's judgment unsustainable. The appeal was allowed, the judgment and orders of the trial court were set aside, and a retrial was ordered before a competent court.
Rex v Singh and Others (Cr. Apps. Nos. 20-22 of 1939) [1938] EACA 166 (1 January 1938)
Court
East African Court of Appeal
Case number
Cr. Apps. Nos. 20-22 of 1939
Judge
Lucie-Smith, J. (Kenya), Sheridan CJ
The Court of Appeal set aside assault convictions because the magistrate privately visited the scene, did not record his observations, and may have relied on undisclosed inferences.