Uganda Case Law

Kainembabazi (as administrator of the estate of the late timothy musherure) v Mwanje Sebowa and Another (Misc Cause 164 of 2021)

Kainembabazi (as administrator of the estate of the late timothy musherure) v Mwanje Sebowa and Another (Misc Cause 164 of 2021) [2023] UGHCLD 184 (30 June 2023)

Court

HC: Land Division (Uganda)

Case number

Misc Cause 164 of 2021

Judge

Nassuna Matovu, J

The High Court refused a vesting order because the applicant did not prove possession, vendor acquiescence, or adequate efforts to trace the vendor.

• Vesting Order
• Registration Of Titles
• Letters Of Administration
• Leasehold Interest
• Transfer Of Land
• Possession Requirements

Kainembabazi v Sebowa and Another

Kainembabazi v Sebowa and Another (Miscellaneous Application 164 of 2021) [2023] UGHCLD 162 (30 June 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 164 of 2021

Judge

Nassuna Matovu, J

The High Court dismissed an application for a vesting order over land in Bugolobi, finding the applicant did not satisfy section 167 of the Registration of Titles Act.

• Vesting Order
• Registration Of Titles Act
• Letters Of Administration
• Leasehold Interest
• Transfer Of Land
• Possession Requirements

Padamsi v Fundi

Padamsi v Fundi (Criminal Appeal No. 14 of 1927) [1927] EACA 16 (1 January 1927)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 14 of 1927

Judge

Griffin CJ, Pickering ACJ, Tomlinson CJ

The Court of Appeal held that, following Indian authorities, a gratuitous bailee such as Chiku, who received the ornaments for a specific and limited purpose, did not have possession within the meaning of section 178 of the Indian Contract Act, 1872, and therefore could not make a valid pledge. The Chief Justice was justified in following these authorities, and there was no evidence that the discretion under section 517 of the Criminal Procedure Code was exercised improperly. The appeal was dismissed, affirming the order for the return of the ornaments to the original owner.

Source excerpt

• Gratuitous Bailment
• Validity Of Pledge
• Possession Requirements
• Fraudulent Pledge
• Judicial Discretion