Uganda Case Law

China Road & Bridge Corporation v Welt Machinen Engineering Limited

China Road & Bridge Corporation v Welt Machinen Engineering Limited (Civil Appeal 13 of 2019; Civil Appeal 14 of 2019) [2022] UGSC 8 (2 February 2022)

Court

Supreme Court of Uganda

Case number

Civil Appeal 13 of 2019 ; Civil Appeal 14 of 2019

Judge

Arach-Amoko, JSC, Mwondha, JSC, Mugamba, JSC, Muhanguzi, JSC, Mike Chibita, JSC

The Supreme Court held that granite used for road construction was not a mineral under Article 244, found the district lacked contracting power, and set aside the compensation award.

• Public Land Allocation
• Mineral Rights
• Res Judicata
• Statutory Interpretation
• Unjust Enrichment
• Government Contracts

China Road and Bridge Corporation v Welt Machinenen Engineering Limited

China Road and Bridge Corporation v Welt Machinenen Engineering Limited (Civil Appeal 52 of 2017) [2019] UGCA 2105 (21 June 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 52 of 2017

Judge

Owiny-Dollo, DCJ, Barishaki-Cheborion, JA, Tuhaise, JA

The Court of Appeal held that granite was a mineral under Ugandan law, dismissed the appeal, allowed the cross-appeal, and awarded compensation to the respondent.

• Mineral Rights
• Trespass To Land
• Conversion Of Property
• Mining Licences
• Damages Assessment
• Injunctive Relief

Welt Machinen Engineering Ltd v China Road & Bridge Corporation & Anor

Welt Machinen Engineering Ltd v China Road & Bridge Corporation & Anor (Civil Suit No. 16 of 2014) [2016] UGHCCD 17 (14 April 2016)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 16 of 2014

Judge

Wolayo, J

The plaintiff is the lawful holder of location licences 1194 and 1195, but these licences pertain only to Atumtoak rock, not Kamusalaba. The 1st defendant’s mining activities at Kamusalaba were not an infringement of the plaintiff’s mineral rights, as the plaintiff’s licences did not cover Kamusalaba. However, the third party and 2nd defendant lacked legal capacity to contract with the 1st defendant for mining at Kamusalaba, as only the Commissioner of Geological Survey and Mines may issue such licences under the Mining Act and Constitution. The 1st defendant’s mining at Kamusalaba was theref…

Source excerpt

• Mineral Rights
• Location Licence
• Trespass
• Capacity To Contract
• Damages Assessment