Uganda Case Law

Ssempala v Ssempala & Another

Ssempala v Ssempala & Another (Civil Suit 951 of 2022) [2025] UGHCLD 24 (31 January 2025)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 951 of 2022

Judge

Naluzze Aisha Batala, J

The court found that the plaintiff and 1st defendant are joint registered proprietors of the suit land. The 1st defendant's unilateral act of placing the 2nd defendant in occupation without the plaintiff's consent violated the plaintiff's rights as a joint tenant. The 2nd defendant, not being a registered proprietor and lacking the consent of both joint owners, was deemed a trespasser. The court rejected the res judicata defense, finding that the issues in the divorce proceedings differed from those in the present suit. The court held that a joint tenancy may be severed where one party no lon…

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• Joint Tenancy
• Trespass To Land
• Partition Of Property
• Mesne Profits
• Remedies And Damages

Namutebi v Ssenabulya (Divorce Cause 96 of 2016)

Namutebi v Ssenabulya (Divorce Cause 96 of 2016) [2023] UGHCFD 58 (13 February 2023)

Court

HC: Family Division (Uganda)

Case number

Divorce Cause 96 of 2016

Judge

Katunguka Kitariisibwa, J

The court found that both parties are joint owners of the property comprised in Kyadondo Block 185 plots 3782 and 3783, having acquired and registered the land together prior to marriage. In the absence of clear evidence of disproportionate financial contribution, each is entitled to a 50% share. The matrimonial home was constructed on jointly owned land, and both parties contributed, directly or indirectly, to its development. Regarding the child Louis F. Ssenabulya, the respondent is entitled to compensation for financial and emotional costs incurred in raising a child later proven not to b…

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• Matrimonial Property Distribution
• Child Custody
• Child Maintenance
• Compensation For Misattributed Paternity
• Partition Of Property

Bakharesha v Bakharesha

Bakharesha v Bakharesha (Civil Appeal No. 44 of 1955) [1950] EACA 55 (1 January 1950)

Court

East African Court of Appeal

Case number

Civil Appeal No. 44 of 1955

Judge

Bacon, JA, Windham, CJ (Zanzibar), Worley, P

The Court held that the justice of the matter and the protection of the revenue required it to exercise the power vested in the trial court under section 39 of the Stamp Duty Decree, allowing the respondent to pay the balance of the stamp duty and penalty even at the appellate stage. The objection to insufficient stamping, though raised for the first time on appeal, did not preclude the respondent from benefiting from the statutory proviso. Section 64 of the Stamp Duty Decree was found inapplicable because the trial court had not ruled on stamp sufficiency. Upon payment of the required duty a…

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• Stamp Duty
• Admissibility Of Evidence
• Partition Of Property
• Specific Performance

Patel v Patel

Patel v Patel (Civil Appeal No. 13 of 1939) [1939] EACA 48 (1 January 1939)

Court

East African Court of Appeal

Case number

Civil Appeal No. 13 of 1939

Judge

Law, C.J (Zanzibar), Sheridan, (C.J. Kenya), Whitley CJ

The Court of Appeal held that under section 4 of the Partition Act, 1868, a co-owner of a moiety or more is entitled as of right to a sale in lieu of partition unless the opposing party can show good reason to the contrary. The burden of proof lies with the party resisting the sale. In this case, the respondent failed to provide sufficient evidence of good reason against the sale; mere suitability for partition, convenience, or continuous residence do not meet the statutory threshold. The court emphasized that the statutory right to sale cannot be overridden by such factors, and the responden…

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• Partition Of Property
• Co-ownership Rights
• Statutory Right Of Sale
• Burden Of Proof

Singh v Singh (C.C. No. 127/1935)

Singh v Singh (C.C. No. 127/1935) [1937] EACA 210 (1 January 1937)

Court

East African Court of Appeal

Case number

C.C. No. 127/1935

Judge

Horne J

The court held that the English Partition Acts applied in Kenya and ordered sale of jointly held property where partition was impracticable.

• Partition Of Property
• Sale Instead Of Partition
• Co-ownership Disputes
• Partition-of-property
• Sale-in-lieu-of-partition
• Co-ownership-disputes