Uganda Case Law

Bakunda and 3 Others v Mutumba and Others

Bakunda and 3 Others v Mutumba and Others (Miscellaneous Application 115 of 2024) [2024] UGHCLD 60 (4 March 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 115 of 2024

Judge

Nkonge, J

The applicants were not parties to the main suit or to the application under which the interim injunction was issued, yet the order affected their registered properties. This constituted a denial of their right to a fair hearing, which is protected under article 28 of the Constitution. The absence of any dispute regarding their non-participation and the direct impact on their property rights established sufficient cause for review. The court found that the applicants had a legal grievance and were condemned unheard, justifying the setting aside of the interim injunction as it relates to their…

Source excerpt

• Review Of Court Orders
• Interim Injunctions
• Mailo Land Registration
• Right To Be Heard

Nakito (administrator of the Estate of late Erinesti kaweesa) v Nakiwala and 2 Others

Nakito (administrator of the Estate of late Erinesti kaweesa) v Nakiwala and 2 Others (Civil Suit 105 of 2006) [2023] UGHCLD 177 (7 June 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 105 of 2006

Judge

Phillip Odoki, J

The court held that the certificate of title for the suit land, registered in the names of the administrators of the estate of the late Erinesiti Kawesa, is conclusive evidence of ownership under the Torrens system and the Registration of Titles Act. The defendants did not plead or prove fraud or error in the registration, nor did they counterclaim for cancellation of the title. As such, their evidence and arguments regarding fraud or error were rejected as departures from their pleadings. The court found that the defendants' continued occupation of the suit land without the permission of the…

Source excerpt

• Mailo Land Registration
• Torrens System
• Indefeasibility Of Title
• Trespass To Land
• Damages Assessment

Mukasa v Kanyike

Mukasa v Kanyike (Civil Appeal No. 307 of 2018) [2022] UGCA 35 (15 February 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 307 of 2018

Judge

Musota, JA, Mulyagonja, JA, Bamugemereire, JA

The Court of Appeal found that the Commissioner Land Registration acted unlawfully and irregularly by cancelling the respondent's name from the land title without notice and outside the scope of statutory powers, as fraud allegations require adjudication by the High Court. The evidence demonstrated that the respondent's title was cancelled in contravention of Section 91(8) of the Land Act and without proper notice. The appellant was not a bona fide purchaser for value without notice, as he had actual knowledge of the respondent's interest in the suit land and failed to conduct due diligence.…

Source excerpt

• Mailo Land Registration
• Indefeasibility Of Title
• Powers Of Commissioner Land Registration
• Fraud On Title
• Bona Fide Purchaser
• Evaluation Of Evidence

Rev. Can .Kibirige and 4 Others v Musazi and Another

Rev. Can .Kibirige and 4 Others v Musazi and Another (Civil Suit No. 106 of 2014) [2021] UGHCLD 134 (7 July 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 106 of 2014

Judge

Cornelia Kakooza Sabiiti, J

The High Court dismissed the plaintiffs’ land fraud and trespass claim and allowed the defendants’ counterclaim, ordering reinstatement of title and damages.

• Mailo Land Registration
• Fraud In Land Transfer
• Letters Of Administration
• Title Cancellation
• Trespass To Land
• Land-fraud

Nsubuga v Kanabi and 2 Others

Nsubuga v Kanabi and 2 Others (Civil Appeal No. 51 of 2012) [2015] UGCA 2034 (5 August 2015)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 51 of 2012

Judge

Kasule, JA, Kakuru, JA, Egonda-Ntende, JA

The Court of Appeal held that fraud was not proved in the appellant’s land title registration and that the respondents were customary tenants, not mailo owners.

• Mailo Land Registration
• Customary Tenancy
• Fraud In Land Transactions
• Title Deeds
• Counterclaims
• Appeals Process

Valvo v Commissioner Land Registration

Valvo v Commissioner Land Registration (Miscellaneous Cause No. 93 of 2010) [2012] UGHC 216 (25 October 2012)

Court

High Court of Uganda

Case number

Miscellaneous Cause No. 93 of 2010

Judge

Tuhaise, J

The High Court ordered rectification of the land register after finding an applicant’s leasehold interest had been wrongly marked as surrendered without justification.

• Rectification Of Title
• Leasehold Interest
• Mailo Land Registration
• Fraudulent Cancellation
• Registrar Duties
• Land-register-rectification

Vicent Tamukedde v Serunjogi (High Court Civil Suit No. 85 of 1995) (High Court Civil Suit No. 85 of 1995)

Vicent Tamukedde v Serunjogi (High Court Civil Suit No. 85 of 1995) (High Court Civil Suit No. 85 of 1995) [2002] UGHC 36 (29 October 2002)

Court

High Court of Uganda

Case number

High Court Civil Suit No. 85 of 1995

The appeal succeeded because neither Mwebe nor the appellant had legal authority to sell or transfer the disputed land without a grant of probate or letters of administration for the estate of Yokana Lugwana. The trial magistrate erred in law by enforcing a sale and ordering transfer of land based on customary succession and clan authority, which are no longer recognized for intestate succession. The Succession Act requires formal administration of estates, and without such grant, no beneficiary can establish a right to the property. The purported sale by Mwebe was null and void, and the appe…

Source excerpt

• Succession To Land
• Customary Heir Rights
• Sale Of Inherited Property
• Probate And Administration
• Mailo Land Registration