Uganda Case Law

Lin Chunxiong and Another v Haji Lubega

Lin Chunxiong and Another v Haji Lubega (Civil Suit 324 of 2021) [2023] UGCommC 77 (27 July 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 324 of 2021

Judge

Kahigi Asiimwe, J

The court found that while the original sale agreement's object was prohibited by law due to the 1st Plaintiff's noncitizen status, the 1st Plaintiff was ignorant of this illegality at the time of payment, and the illegal object was never effected. Instead, the parties entered a memorandum of understanding to transfer the land to the 2nd Plaintiff, a Ugandan, and this was completed. These circumstances fell within the statutory exceptions under section 19(2) of the Contracts Act, allowing the Plaintiffs to recover the sums paid. The court rejected the Defendant's claims of duress and torture…

Source excerpt

• Land Sale Agreements
• Noncitizen Land Ownership
• Contract Enforceability
• Illegality In Contracts
• Settlement Agreements

KCB Bank Limited v Formula Feeds Limited and 5 Others

KCB Bank Limited v Formula Feeds Limited and 5 Others (Miscellaneous Application 681 of 2021) [2022] UGCommC 167 (12 September 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 681 of 2021

Judge

Stephen Mubiru, J

The High Court found the 1st and 2nd respondents in contempt for failing to rectify land titles as ordered, and set aside later transfers and special certificates.

• Contempt Of Court
• Rectification Of Title
• Mortgage Enforcement
• Mailo Land
• Noncitizen Land Ownership
• Execution Of Decree