Uganda Case Law

Rwebuzagure v Kabatsi & 4 Others

Rwebuzagure v Kabatsi & 4 Others (Miscellaneous Cause 52 of 2023) [2024] UGHC 122 (28 March 2024)

Court

High Court of Uganda

Case number

Miscellaneous Cause 52 of 2023

Judge

Wolayo, J

The court found that the applicant, as a tenant in common, is entitled to sever his share from the rest of the co-owners and obtain a separate title, provided that the interests of his mother and wife are protected in accordance with statutory provisions. The respondents' opposition based on alleged trust and family interests was not supported by any registered trust or overriding legal interest. The applicant's share, less the 20 acres redeemed by the first respondent, is to be partitioned and registered separately, with the remaining co-owners retaining their tenancy in common. The applican…

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• Partition Of Land
• Tenancy In Common
• Succession Rights
• Family Land Protection

Tumwiine and 2 Others v Asiimwe (HCT-05-CV-MC 9 of 2023)

Tumwiine and 2 Others v Asiimwe (HCT-05-CV-MC 9 of 2023) [2023] UGHC 124 (10 November 2023)

Court

High Court of Uganda

Case number

HCT-05-CV-MC 9 of 2023

Judge

Allan Nshimye, J

The court found that the suit land was held under joint tenancy by the parties, and upon the death of Amooti Betty Turyahikayo, her interest in the land passed equally to the surviving joint tenants by operation of law. The respondent's claim to a specific portion of the land was rejected, as any disposition of interest under joint tenancy requires severance, which had not occurred. The Administrator General's involvement was deemed irrelevant, as joint tenancy property does not form part of the deceased's estate. Given the escalating animosity and breach of joint tenancy principles, the cour…

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• Joint Tenancy
• Severance Of Joint Tenancy
• Partition Of Land
• Succession And Survivorship

Tumwine and Others v Asiimwe

Tumwine and Others v Asiimwe (Miscellaneous Cause 9 of 2023) [2023] UGHC 103 (10 November 2023)

Court

High Court of Uganda

Case number

Miscellaneous Cause 9 of 2023

Judge

Allan Nshimye, J

The High Court held that the suit land was held in joint tenancy, severed the joint tenancy after the death of one co-owner, and ordered subdivision into four equal shares.

• Joint Tenancy
• Severance Of Joint Tenancy
• Partition Of Land
• Rights Of Survivorship
• Joint-tenancy
• Severance-of-joint-tenancy

Mukuba v Kiyimba Lubega

Mukuba v Kiyimba Lubega (Miscellaneous Cause No. 107 of 2022) [2023] UGHCLD 38 (11 January 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Cause No. 107 of 2022

Judge

Bernard Namanya, J

The court found that the applicant and respondent were joint tenants of the suit land, as evidenced by the certificate of title and relevant statutory provisions. The applicant demonstrated, through uncontroverted evidence, that he solely developed a portion of the land with rental units and paid all associated taxes and maintenance. The respondent's conduct, including occupying a rental unit without contributing to development or costs, and the lack of cooperation between the parties, established a course of dealing inconsistent with joint tenancy. Applying common law and equitable principle…

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• Joint Tenancy
• Severance Of Tenancy
• Partition Of Land
• Registration Of Titles
• Remedies In Land Disputes

Davanti Union Limited v Kipoi-Nsubuga & 2 Others

Davanti Union Limited v Kipoi-Nsubuga & 2 Others (Miscellaneous Cause No. 193 of 2019) [2020] UGHCLD 7 (13 March 2020)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Cause No. 193 of 2019

Judge

Kawesa, J

The High Court struck out an application for consequential orders, holding that issues of execution and vacant possession belonged before the executing court.

• Consequential Orders
• Execution Of Decree
• Partition Of Land
• Vacant Possession
• Demolition Orders
• Consequential-orders

Olum Vs Bongomin & 4 Ors

Olum Vs Bongomin & 4 Ors (Civil Application No. 120 of 2015) [2019] UGHCCD 84 (1 April 2019)

Court

HC: Civil Division (Uganda)

Case number

Civil Application No. 120 of 2015

Judge

Stephen Mubiru, J

The High Court at Gulu ordered subdivision of co-owned land, holding that the applicant’s exclusion from the property unlawfully interfered with his property rights.

• Co Ownership
• Partition Of Land
• Right To Property
• Registration Of Titles
• Injunctive Relief
• Right-to-property

Kakyomya v Sabiiti & 3 Ors

Kakyomya v Sabiiti & 3 Ors [2017] UGSC 77 (23 March 2017)

Court

Supreme Court of Uganda

Judge

Ojok, JSC

The court found that while tenants in common may sell their undivided shares, the physical transfer and exclusive possession of such shares require the consent and participation of all co-owners, as the land remains undivided. The Applicant's purchase from the 1st and 2nd Respondents was valid in respect of their shares, but the attempted physical demarcation and entry onto the land without the consent of the other tenants in common was unlawful. Furthermore, the purported sale of shares derived from the estate of the late Charles Runyunyuzi via a memorandum of understanding was invalid, as o…

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• Vesting Orders
• Tenancy In Common
• Transfer Of Land
• Registration Of Titles
• Partition Of Land

Khamis v Kirobe and Others

Khamis v Kirobe and Others (Civil Appeal No. 18 of 1954) [1950] EACA 195 (1 January 1950)

Court

East African Court of Appeal

Case number

Civil Appeal No. 18 of 1954

Judge

Briggs, JA, Sinclair, VP, Worley, P

The Court of Appeal set aside a partition sale order made without properly identifying and notifying all co-owners, holding that all interested persons must be heard.

• Partition Of Land
• Joinder Of Parties
• Administration Of Estates
• Service And Notice
• Consent Orders
• Sale Of Property

Alibhai v Alibhai (Civ. App. No. 12/1937)

Alibhai v Alibhai (Civ. App. No. 12/1937) [1938] EACA 1 (1 January 1938)

Court

East African Court of Appeal

Case number

Civ. App. No. 12/1937

Judges

Francis, Ag. C.J. (Uganda), Law, C.J (Zanzibar), Sheridan, (C.J. Kenya)

The Court of Appeal for Eastern Africa held that a certificate of ownership under the Land Titles Ordinance confers indefeasible title, and prescription cannot run before registration.

• Registered Land
• Certificate Of Ownership
• Adverse Possession
• Easements
• Prescription Periods
• Partition Of Land