On second appeal, the Court of Appeal upheld findings that the appellant was a trespasser on the kibanja, rejected a limitation defence, and dismissed the appeal.
Nabirye & Another v Wakoire & Another (Civil Appeal 163 of 2022) [2024] UGHC 72 (28 February 2024)
Court
High Court of Uganda
Case number
Civil Appeal 163 of 2022
Judge
Batema, J
The appeal fails on all grounds. The court found that the 1st Respondent lawfully obtained Letters of Administration, as the advertisement in the Monitor newspaper constituted sufficient notice and the Administrator General acted appropriately in issuing the Certificate of No Objection. The trial Chief Magistrate's redistribution of the matrimonial home to the 1st Appellant remedied any injustice, and there was no satisfactory evidence of mismanagement of the estate. The claims of fraud and sole ownership of the Namakakale land by the 1st Appellant were unsupported by evidence. The court uphe…
Atuhairwe v Namara and Another (Civil Appeal No. 38 of 2020) [2022] UGHC 38 (2 November 2022)
Court
High Court of Uganda
Case number
Civil Appeal No. 38 of 2020
Judge
Wagona, J
The High Court set aside a trial judgment in a land appeal and ordered a retrial after finding the lower court addressed ownership instead of the pleaded issue.
Owokubariho v Mushemeza and Anor (Election Petition No. 14 of 2021) [2021] UGHC 57 (17 August 2021)
Court
High Court of Uganda
Case number
Election Petition No. 14 of 2021
Judges
Katwe, Panel Member
The High Court struck out an election petition after finding it lacked the required 500 valid supporting signatures and did not comply with the Illiterates Protection Act.
Akena Jabina & Another v Odong (Civil Appeal No. 35 of 2018) [2019] UGHC 59 (12 September 2019)
Court
High Court of Uganda
Case number
Civil Appeal No. 35 of 2018
Judge
Stephen Mubiru, J
The High Court found that the trial court properly determined the dispute by relying on credible oral evidence and the physical inspection at the locus in quo, which established Lamino-Onger Stream as the natural boundary between the parties' lands. The court held that discrepancies in the naming of the villages were immaterial since the physical features on the ground prevailed over verbal descriptions. The evidence showed that the appellants crossed the stream and occupied the respondent's land in 2008, constituting trespass. The court also held that the admission of evidence from persons w…
Luyimbazi Vs Uganda Commercial Bank (Civil Appeal No.50 of 2004) [2019] UGCA 3 (17 January 2019)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No.50 of 2004
The Court of Appeal dismissed the mortgagor’s appeal, holding that the required notices were given, new sale objections could not be raised on appeal, and fraud was not proved.
Mawanda V Electoral Commission & Anor (Election Appeal No. 98 of 2016) [2017] UGCA 32 (3 October 2017)
Court
Court of Appeal of Uganda
Case number
Election Appeal No. 98 of 2016
Judge
Owiny-Dollo, DCJ, Egonda-Ntende, JA, Buteera, JA
The Court of Appeal found that, while most allegations of non-compliance with electoral laws by the Electoral Commission were unsubstantiated, the Commission did breach its statutory duty under section 28A of the Parliamentary Elections Act by failing to provide serial numbers of ballot papers and seals. However, this non-compliance did not affect the election results in a substantial manner. Regarding the 2nd respondent, the court determined that the evidence established he caused the distribution of defamatory flyers containing false statements about the appellant, contrary to section 73 of…
Standard Chartered Bank (Uganda) Limited v Grand Hotel (Uganda) Limited (Civil Appeal No. 13 of 1999) [1999] UGCA 63 (1 January 1999)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 13 of 1999
Judge
kato ,JA, Berko, JA, Twinomujuni, JA
The Court of Appeal held that the High Court erred by deciding the case on an unpleaded issue about an unsigned demand letter. The appeal was allowed and the cross-appeal dismissed.