Uganda Case Law

Bukulu v Jemba (HCT-00-LD-CA 95 of 2022)

Bukulu v Jemba (HCT-00-LD-CA 95 of 2022) [2024] UGHCLD 296 (12 December 2024)

Court

HC: Land Division (Uganda)

Case number

HCT-00-LD-CA 95 of 2022

Judge

Alividza, J

The appellate court found that all parties held distinct pieces of land and that the appellant was the registered proprietor of the suit land. However, the respondent had established equitable interest as a Kibanja holder and was not given the first option to purchase the land as required by law. The trial magistrate correctly found that the respondent was not a trespasser, and the appellant's acquisition of the title did not extinguish the respondent's Kibanja rights. The court emphasized the protection of Kibanja holders under Ugandan law and confirmed that the respondent's occupation was l…

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• Kibanja Holdings
• Mailo Land Title
• Trespass To Land
• Fraud In Land Transactions

Modia Investmnets Uganda Limited v Sseremba and 4 Others

Modia Investmnets Uganda Limited v Sseremba and 4 Others (Civil Suit 68 of 2011) [2023] UGHCLD 361 (3 November 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 68 of 2011

Judge

Byaruhanga Rugyema, J

The plaintiff, Modia Investments (U) Ltd, proved on the balance of probabilities that it is the lawful proprietor of Plot 177 Block 208 Kyadondo, having acquired valid title from Kampala Financial Services Ltd, a Ugandan company. The defendants' titles (Plots 1363, 2501, 2502, 2503) were found to be unlawfully and fraudulently procured, superimposed on the plaintiff's land without proper subdivision or sanction from the Commissioner Land Registration. The plaintiff's title, registered earlier in time, takes priority under the Registration of Titles Act, and no fraud was established against th…

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• Mailo Land Title
• Fraudulent Land Registration
• Trespass To Land
• Company Capacity To Sue
• Mesne Profits
• Injunctive Relief

Kasenge v Kyeyune

Kasenge v Kyeyune (Civil Suit 578 of 2015) [2023] UGHCLD 147 (15 June 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 578 of 2015

Judge

Kazaarwe, J

The High Court held that the defendant was not a trespasser because she had a protected kibanja interest as a bona fide occupant. The suit was dismissed with costs.

• Trespass To Land
• Bona Fide Occupant
• Mailo Land Title
• Kibanja Interest
• Trespass-to-land
• Bona-fide-occupant

Semanda v Jobbing Field Properties Limited

Semanda v Jobbing Field Properties Limited (Civil Appeal No. 122 of 2014) [2022] UGCA 74 (3 March 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 122 of 2014

Judge

Kiryabwire, JA, Mulyagonja, JA, Musoke, JA

The Court of Appeal found that the respondent's leasehold interest was registered prior to the appellant's mailo interest, and that the principle of indefeasibility of title under the Registration of Titles Act protected both parties' registered interests. The appellant's purchase of the mailo interest was subject to the terms and conditions of the respondent's lease, and the evidence showed that the respondent's lease and its variation were properly registered. The court dismissed the preliminary objection regarding service, finding that the respondent was not prejudiced and had participated…

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• Mailo Land Title
• Lease Assignment
• Indefeasibility Of Title
• Registration Of Titles
• Stamp Duty
• Notice And Service

Ddamulira v MSS XSABO Power Limited

Ddamulira v MSS XSABO Power Limited (Civil Suit 49 of 2021) [2021] UGHCLD 473 (8 November 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 49 of 2021

Judge

Ojok, J

The court found that the defendant lawfully occupies the suit land, having acquired equitable interest through leases from bibanja holders with the consent of Kakomo Paul, who was the registered proprietor at the relevant time. The evidence established that the bibanja holders had longstanding occupancy, supported by busuulu receipts and physical presence, and that the defendant's entry was authorized. The plaintiff, upon reinstatement of title in 2019, took the land subject to existing equitable interests, including those of the bibanja holders and the defendant's lease. The court relied on…

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• Mailo Land Title
• Bibanja Occupancy
• Trespass To Land
• Equitable Interest
• Land Act Application

Nansubuga & Anor v Administrator General & Anor

Nansubuga & Anor v Administrator General & Anor (Civil Appeal No. 162 of 2015) [2020] UGCA 80 (2 July 2020)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 162 of 2015

Judge

Egonda-Ntende, JA, Kibeedi, JA, Barishaki, JA

The Court of Appeal found that the trial judge correctly applied the law regarding the burden and standard of proof in fraud cases. The respondent established a prima facie case of non-existence of a duly executed transfer form for the suit land, shifting the evidential burden to the appellants, who failed to rebut it with cogent evidence. The trial judge's attribution of fraud to Haji Zedi Semuyaga was justified by the benefit principle, as Semuyaga was the ultimate beneficiary of the fraudulent registration. The award of nominal damages was appropriate given the respondent's failure to prov…

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• Mailo Land Title
• Fraudulent Transfer
• Burden Of Proof
• Nominal Damages
• Land Registration
• Administration Of Estates

Nalubega and Anor v Muwanga and 4 ors

Nalubega and Anor v Muwanga and 4 ors (Civil Appeal No. 60 of 2008) [2018] UGCA 36 (24 May 2018)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 60 of 2008

Judge

Bossa, JA, Kakuru, JA, Kiryabwire, JA

The Court of Appeal dismissed a land appeal, holding the appellants proved no registrable title and had not established customary tenancy over the suit land.

• Mailo Land Title
• Customary Tenure
• Forged Agreement
• Lawful Occupants
• Eviction Orders
• Land-law

Musiimenta v Migisha and 4 Others

Musiimenta v Migisha and 4 Others (Civil Suit No. 078 of 2011) [2017] UGHC 122 (14 July 2017)

Court

High Court of Uganda

Case number

Civil Suit No. 078 of 2011

Judge

Luswata, J

The High Court found a land transfer was procured by fraud, held the 4th defendant was not a bona fide purchaser, and granted cancellation, damages, injunction, and costs.

• Fraudulent Land Transfer
• Trespass To Land
• Mailo Land Title
• Bona Fide Purchaser
• Burden Of Proof
• Injunctive Relief

Nalugwa & Ors v Hajati Namuleme

Nalugwa & Ors v Hajati Namuleme (Civil Suit No. 121 of 2010) [2014] UGHCLD 71 (6 August 2014)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 121 of 2010

Judge

Kwesiga, J

The High Court held that the agreement covered only the retained family home and graveyard portion of the Kibanja, not the whole original holding.

• Mailo Land Title
• Specific Performance
• Reversionary Interest
• Bibanja Holder Rights
• Land Act Section 35
• Land Act Section 34