Tibenda v Mugisa (Civil Appeal 3 of 2023) [2023] UGHC 149 (10 November 2023)
Court
High Court of Uganda
Case number
Civil Appeal 3 of 2023
Judge
Byaruhanga Rugyema, J
The High Court held that the parties’ transaction was a sale of land, not a mortgage, and allowed the appeal, setting aside the magistrate’s decision.
Obila v Ochura and Another (Civil Appeal 30 of 2022) [2023] UGHC 257 (23 January 2023)
Court
High Court of Uganda
Case number
Civil Appeal 30 of 2022
Judge
Adonyo, J
The High Court allowed an appeal over a disputed land transaction, finding the alleged sale agreement defective and holding that the arrangement was not a sale.
Auruku v Icuka (Civil Appeal No. 30 of 2020) [2023] UGHC 33 (19 January 2023)
Court
High Court of Uganda
Case number
Civil Appeal No. 30 of 2020
Judge
Adonyo, J
The appellate court found that Section 5 of the Limitation Act does not apply to the appellant, as it operates as a defence for a party against whom an action to recover land is brought, not for a plaintiff seeking recovery. The evidence established that there were three gardens, but the land mortgaged by the respondent and the land sold to the appellant were distinct. Ononge Washington, a key witness to both transactions, consistently testified that the garden occupied by the respondent was not sold to the appellant but was mortgaged and later redeemed by the respondent. The trial magistrate…
Malinga v Mugombesya and Another (Civil Appeal No. 38 of 2016) [2021] UGHCCD 173 (2 August 2021)
Court
HC: Civil Division (Uganda)
Case number
Civil Appeal No. 38 of 2016
Judge
Byaruhanga Rugyema, J
High Court appeal over whether land was sold or merely mortgaged. The court upheld the trial decision, finding the appellant failed to prove his claim and dismissed the appeal with costs.