Uganda Case Law

Ankwa v Agwokotho & Another

Ankwa v Agwokotho & Another (Civil Appeal 26 of 2018) [2024] UGHC 1004 (3 October 2024)

Court

High Court of Uganda

Case number

Civil Appeal 26 of 2018

Judge

Acellam, J

The appellate court found that the trial magistrate failed to properly evaluate the evidence, particularly regarding contradictions in the respondents' case and the issue of whether the appellant's father gave the land unconditionally to the respondents' predecessors. The court held that the respondents' evidence contained material contradictions that were not explained and that the trial court erred in ignoring these. Furthermore, the respondents departed from their pleadings during trial, which is contrary to the Civil Procedure Rules. However, the appellate court also found that the eviden…

Source excerpt

• Customary Land Ownership
• Burden Of Proof
• Pleadings And Departure
• Evaluation Of Evidence

Katenta and Another v Mugisa (HCT-01-CV-CS 57 of 2007)

Katenta and Another v Mugisa (HCT-01-CV-CS 57 of 2007) [2024] UGHC 748 (16 August 2024)

Court

High Court of Uganda

Case number

HCT-01-CV-CS 57 of 2007

Judge

Wagona, J

The High Court found the plaintiffs proved ownership of the disputed land and held the defendant trespassed. His counterclaim failed, and damages and injunctions were granted.

• Trespass To Land
• Ownership Disputes
• Land Survey Errors
• Remedies And Damages
• Pleadings And Departure
• Injunctions

Byamukama & Another v Kompaire

Byamukama & Another v Kompaire (Civil Appeal 42 of 2021) [2023] UGHC 264 (19 December 2023)

Court

High Court of Uganda

Case number

Civil Appeal 42 of 2021

Judge

Joyce Kavuma, J

High Court appeal over ownership of unregistered land partly succeeded: the court excluded evidence on unpleaded land, upheld respondent’s title, and reduced damages.

• Ownership Of Unregistered Land
• Trespass To Land
• Burden Of Proof
• Pleadings And Departure
• General Damages
• Appellate Review

Bukusike v Namugabwe

Bukusike v Namugabwe (Civil Appeal 139 of 2016) [2023] UGHCLD 291 (8 February 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal 139 of 2016

Judge

Elubu, J

The High Court dismissed an appeal over joint ownership of land, holding that evidence showed the respondent contributed to the purchase and was not bound by an unproved sale agreement.

• Joint Ownership
• Matrimonial Property
• Evidence Evaluation
• Pleadings And Departure
• Land-and-property
• Matrimonial-property

Senabulya v Nakintu and Another

Senabulya v Nakintu and Another (Civil Appeal No. 84 of 2016) [2021] UGHCCD 246 (5 August 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal No. 84 of 2016

Judge

Katamba Nkwanga, J

The High Court held that the Appellant was bound by his pleadings in the lower court, where he claimed ownership of the suit kibanja through a bequest from his father, Lubowa Matiya, rather than as a beneficiary of Byansi's estate. The evidence established that the suit kibanja originally belonged to Byansi, and upon his death, devolved to his widow, Baseka, as the matrimonial home under Section 26 of the Succession Act and relevant constitutional provisions. The Will of Lubowa could not validly bequeath the kibanja, as Lubowa had no proprietary interest in it. The Appellant was at most a car…

Source excerpt

• Succession Of Land
• Matrimonial Property
• Beneficiary Rights
• Pleadings And Departure

Wandukwa and 3 Others v Wakhasa

Wandukwa and 3 Others v Wakhasa (Civil Appeal No. 104 of 2019) [2021] UGHCLD 187 (2 August 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal No. 104 of 2019

Judge

Byaruhanga Rugyema, J

The High Court dismissed a land appeal, upholding the trial court’s declaration that the respondent owned the disputed land and awarding costs.

• Ownership Disputes
• Bona Fide Purchaser
• Evaluation Of Evidence
• Locus In Quo
• Pleadings And Departure
• Land-dispute

Ochullu Charles and Another v Tereza Alowo

Ochullu Charles and Another v Tereza Alowo (Civil Appeal No/ 230 of 2014) [2020] UGHC 416 (26 February 2020)

Court

High Court of Uganda

Case number

Civil Appeal No/ 230 of 2014

Judge

Okalany, J

The High Court upheld a finding that Tereza Alowo owned the disputed customary land, dismissed the appeal, and confirmed damages and costs orders.

• Customary Land Ownership
• Succession And Heirship
• Trespass To Land
• Evaluation Of Evidence
• Pleadings And Departure
• Customary-land-ownership

Opoka & Another v Okuna

Opoka & Another v Okuna (Civil Appeal No. 41 of 2018) [2019] UGHC 33 (29 August 2019)

Court

High Court of Uganda

Case number

Civil Appeal No. 41 of 2018

Judge

Stephen Mubiru, J

The High Court allowed a land appeal, holding that the respondent’s claim departed from his pleadings and that his title did not cover the disputed area.

• Trespass To Land
• Boundary Disputes
• Pleadings And Departure
• Customary Tenure
• Documentary Evidence
• Equitable Possession

Okee & 2 Ors v Otim

Okee & 2 Ors v Otim (Civil Appeal No. 0041 of 2015) [2019] UGHCLD 2 (21 February 2019)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal No. 0041 of 2015

Judge

Stephen Mubiru, J

The High Court dismissed a land appeal, upholding a finding that the respondent owned the land and that the appellants became trespassers after an IDP camp ended.

• Trespass To Land
• Limitation Of Actions
• Proprietary Estoppel
• Licence To Occupy
• Pleadings And Departure
• Trespass-to-land

Omara v Angiro and Anor

Omara v Angiro and Anor (Election Petition No. 4 of 2016) [2016] UGHCEP 23 (13 June 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 4 of 2016

The High Court dismissed an election petition over the Erute North parliamentary result, holding that the petitioner failed to prove irregularities or any basis to annul the election.

• Parliamentary Elections
• Gazette Publication Errors
• Burden Of Proof In Election Petitions
• Pleadings And Departure
• Rectification Of Election Results
• Election-petitions