Uganda Case Law

Etomet & 2 Others v Wotali

Etomet & 2 Others v Wotali (Civil Appeal 43 of 2022) [2023] UGHC 476 (30 October 2023)

Court

High Court of Uganda

Case number

Civil Appeal 43 of 2022

Judge

Kaahwa, J

The High Court held that the clan's distribution of the suit land was consistent with customary inheritance practices, which remain valid under Ugandan law unless expressly excluded by statute or repugnant to justice. The respondent was found to have been customarily married to the late Omaido Alex, as corroborated by credible witnesses, and thus entitled to occupy the matrimonial home and share in the estate. The trial magistrate properly evaluated the evidence, and there was no material misdirection or miscarriage of justice. The actions of the clan did not amount to unlawful intermeddling,…

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• Customary Inheritance
• Succession Disputes
• Matrimonial Home Rights
• Distribution Of Estate
• Intermeddling
• Burial Ground Rights

Nakatov Housing Finance Bank Limited and Another

Nakatov Housing Finance Bank Limited and Another (Civil Appeal No. 687 of 2021) [2022] UGCommC 14 (5 April 2022)

Court

Commercial Court of Uganda

Case number

Civil Appeal No. 687 of 2021

Judge

Stephen Mubiru, J

The High Court upheld a Registrar’s order requiring a 30% deposit under the Mortgage Regulations before a temporary injunction could stop sale of mortgaged property.

• Mortgage Enforcement
• Temporary Injunctions
• Matrimonial Home Rights
• Judicial Discretion
• Mortgage-enforcement
• Temporary-injunctions

Nakato v Housing Finance Bank Limited

Nakato v Housing Finance Bank Limited (Miscellaneous Civil Application 1800 of 2021) [2022] UGCommC 107 (21 February 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Civil Application 1800 of 2021

Judge

Stephen Mubiru, J

The High Court dismissed an application for stay of execution over a mortgage-related injunction order, finding the applicant had not met the conditions for stay.

• Stay Of Execution
• Mortgage Enforcement
• Temporary Injunction
• Security For Costs
• Substantial Loss
• Matrimonial Home Rights

Joweria Katende v Zaidi Semakula (HCT-00-FD-CS-0115-2006) (HCT-00-FD-CS-0115-2006)

Joweria Katende v Zaidi Semakula (HCT-00-FD-CS-0115-2006) (HCT-00-FD-CS-0115-2006) [2009] UGHC 35 (30 June 2009)

Court

High Court of Uganda

Case number

HCT-00-FD-CS-0115-2006

The High Court dismissed a widow’s claim that her son-in-law had evicted her from the matrimonial home, finding the evidence too weak to prove his involvement.

• Matrimonial Home Rights
• Eviction
• Trespass To Land
• Family Property Distribution
• Matrimonial-home-rights
• Trespass-to-land

Aida Mbwali and Others v Ashokumar K. Jethwa

Aida Mbwali and Others v Ashokumar K. Jethwa (Civil Suit No 789 of 1997) (Civil Suit No 789 of 1997) [2006] UGHC 15 (5 May 2006)

Court

High Court of Uganda

Case number

Civil Suit No 789 of 1997

The High Court overruled preliminary objections that the suit was res judicata and that the plaintiffs lacked locus standi, allowing the revocation claim to proceed.

• Letters Of Administration
• Matrimonial Home Rights
• Revocation Of Grant
• Fraud In Estate Administration
• Res Judicata
• Locus Standi

Ssessaazi v Nalubega

Ssessaazi v Nalubega (Civil Appeal No.55/2002) [2005] UGCA 96 (1 January 2005)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No.55/2002

Judge

Okello, JA, Kitumba, JA, Byamugisha, JA

The Court of Appeal allowed a second appeal, holding that the respondent did not prove a legal interest in the kibanja and that the appellant was a bona fide purchaser.

• Customary Land Tenure
• Matrimonial Home Rights
• Bonafide Purchaser
• Family Land Security Of Occupancy
• Customary-land-tenure
• Matrimonial-home-rights

Basudde v Mwewulize & Anor (Misc. Application No. 0402 of 2003. ) (Misc. Application No. 0402 of 2003.)

Basudde v Mwewulize & Anor (Misc. Application No. 0402 of 2003. ) (Misc. Application No. 0402 of 2003.) [2003] UGHC 48 (28 August 2003)

Court

High Court of Uganda

Case number

Misc. Application No. 0402 of 2003.

The High Court of Uganda dismissed an application for a temporary injunction, holding that the applicant had not shown a prima facie case over the disputed property.

• Temporary Injunction
• Matrimonial Home Rights
• Registered Title Ownership
• Succession And Administration
• Temporary-injunction
• Registered-title

Muwanga Estates & Anor v NPART

Muwanga Estates & Anor v NPART (Civil Appeal No. 13/2003) [2005] UGCA 6 (16 September 2005)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 13/2003

The appellate court found that there was no evidence of joint purchase of the kibanja by the respondent and her husband, and distinguished between having a right in land and having an interest in land. The latter is associated with ownership and is capable of being registered, while the former relates to use. The respondent's planting of crops did not create a legal interest in the land under the law applicable at the time (Land Reform Decree). The appellant made necessary inquiries and was introduced as the new owner by local council officials. The court held that the respondent, having sepa…

Source excerpt

• Customary Land Tenure
• Matrimonial Home Rights
• Bonafide Purchaser
• Security Of Occupancy
• Joint Ownership
• Family Land Consent