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Uganda decisions
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Bingi v Wamala (Civil Appeal No. 45 of 2021) [2022] UGHC 101 (4 October 2022)
The High Court dismissed an appeal over a land dispute, holding that fraud was not properly pleaded, the respondent had possession, and the appellant’s construction amounted to trespass.
Peter Wakhatenge and Another v National Water and Sewerage Corporation (Civil Appeal No. 0033 of 2014) [2022] UGHC 156 (12 September 2022)
The High Court found that the trial magistrate erred in law and fact by failing to properly evaluate the evidence and by relying on documents not admitted as exhibits. The appellants established through coherent and unchallenged evidence that they and their ancestors customarily owned and occupied the suit land prior to the enactment of the Public Land Act 1969, and the respondent failed to prove its title or lawful acquisition. The respondent's entry and survey of the land without the appellants' consent constituted trespass. The respondent did not adduce sufficient documentary proof of owne…
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Kafumbe & 2 Others v Uganda Breweries Limited (Civil Appeal 115 of 2018) [2022] UGCA 312 (15 July 2022)
The Court of Appeal found that the appellants' termination was not justified as redundancy under the respondent's human resource manual, which required abolition of office or responsibility. The evidence showed that the roles were merely enhanced, not abolished, and the respondent failed to prove lawful grounds for dismissal as required by Section 68(1) of the Employment Act. The termination agreement, signed under circumstances not meeting procedural requirements, could not legalize an unlawful dismissal. The lower court erred by relying on the agreement without examining its validity or the…
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Nabatanzi Lugudda v Attorney General (Civil Appeal No. 53 of 2013) [2021] UGCA 57 (19 July 2021)
The Court of Appeal upheld dismissal of an employment claim, holding that the appellant’s fixed-term contract expired on 19 January 2008 and was not revived by later salary payments.
Ssemakula v Asiimwe (Civil Appeal No. 245 of 2016) [2020] UGCA 2073 (20 July 2020)
The Court of Appeal found that the appellant failed to prove fraud attributable to the respondent in the registration of the suit land. The particulars of fraud were either not pleaded or not supported by evidence, and the appellant could not rely on unpleaded allegations. The appellant also failed to establish a legally recognizable interest in the suit land as a kibanja owner or bona fide occupant, as there was insufficient evidence regarding the nature, duration, and legal basis of his possession. The trial judge's findings on these issues were upheld. However, the appellate court found th…
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Bakaluba Peter Mukasa v Nambooze Betty Bakireke (Election Petition Appeal No. 04 of 2009) [2010] UGSC 44 (31 March 2010)
The Supreme Court held that although the respondent's supporting affidavit lacked detailed particulars of bribery, the appellant had fair notice of the case through the petition and supporting affidavits, and actively responded by filing rebuttal affidavits and participating in cross-examination. The failure to include particulars in the respondent's own affidavit was an irregularity that did not prejudice the appellant or deny him a fair hearing. The appellant did not seek further particulars or extension of time, nor did he object to the competence of the petition during trial. The Court em…
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Rwambogo v Erez (Civil Appeal No. 018 of 2007) [2009] UGHC 251 (20 April 2009)
The High Court found that, except for the quantification of the unsurveyed land, the trial Magistrate's orders were justified by the pleadings and evidence. The decree's procedural irregularities did not cause injustice and were not grounds for appeal. The trial Magistrate erred only in specifying the unsurveyed land as '10 acres' rather than the correct balance needed to reach 100 acres as per the respondent's title. The appellant was not denied a fair hearing, as he had agreed to the hearing date and subsequently absconded. The appeal succeeded only to the extent of correcting the acreage i…
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Departed Asians Property Custodian Board v Issa Bukenya [1993] UGSC 14 (18 January 1993)
The Supreme Court of Uganda held that the trial court granted damages not supported by the plaint, set aside the judgment, and dismissed the claim.
