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Uganda decisions
Decisions matching the current search
Bakaihahwenki v Nganda (Miscellaneous Cause No. 86 of 2011) [2012] UGHC 228 (8 November 2012)
The High Court upheld an application to remove a caveat, finding the respondent had no lawful interest to maintain it and accepting the applicant’s unchallenged evidence.
Uganda Development Bank Ltd v Alley Route Ltd (High Court Miscellaneous Application No. 618 of 2007) [2007] UGCommC 96 (29 November 2007)
The court declined to vacate a temporary injunction because both parties failed to comply with the inventory order and the applicant also bore responsibility.
Abubaker v Principal Registrar of Crown Lands and Others (Civil Appeal No. 8 of 1953 and Miscellaneous Civil Suit No. 48 of 1952 (Consolidated)) [1953] EACA 51 (1 January 1953)
The court held that the term 'conveyance' must be interpreted broadly to include any instrument transferring an interest in land, unless specifically limited by statute. There was nothing in the relevant Kenyan Ordinances to exclude vesting orders from the requirements applicable to conveyances or transfers, including the need for a clearance certificate for unpaid municipal rates. Furthermore, the definition of 'conveyance' in the Stamp Ordinance is inclusive and encompasses vesting orders, making them liable to ad valorem duty. The appellant, having become the sole owner by virtue of the ve…
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John K. Gilliat and Company Limited v Land and Agricultural Bank of Kenya (Civil Case No. 145 of 1938) [1938] EACA 187 (1 January 1938)
The court held that the bank’s rights as first mortgagee were not displaced by the chattels mortgage, and the plaintiffs were not entitled to crop proceeds.
Shaw v Devshi and Co. (C.C. No. 8/1936) [1936] EACA 149 (1 January 1936)
The court held that machinery and fixtures attached to land for its permanent improvement and beneficial enjoyment constitute part of the immovable property and are included in the security of a chargee. Such fixtures cannot be attached and sold as movable assets in execution of a decree; they must be treated as part of the land. However, upon the discharge of the charge and sale of the land, the chargee's rights over the fixtures are extinguished. The plaintiff's rights as chargee ceased when the charges were discharged and he purchased the land excluding the fixtures. Furthermore, the plain…
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