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Uganda decisions
Decisions matching the current search
Mubiru & 3 Others v Kavuma & 3 Others (Civil Application 34 of 2024) [2024] UGCA 70 (26 March 2024)
The Court of Appeal granted a stay of execution in a land dispute, holding that the appeal raised arguable issues and that late filing of the notice of appeal was not fatal.
Mukasa v Kanyike (Civil Appeal No. 307 of 2018) [2022] UGCA 35 (15 February 2022)
The Court of Appeal found that the Commissioner Land Registration acted unlawfully and irregularly by cancelling the respondent's name from the land title without notice and outside the scope of statutory powers, as fraud allegations require adjudication by the High Court. The evidence demonstrated that the respondent's title was cancelled in contravention of Section 91(8) of the Land Act and without proper notice. The appellant was not a bona fide purchaser for value without notice, as he had actual knowledge of the respondent's interest in the suit land and failed to conduct due diligence.…
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Estate of Magdalene Scott Nambi v Owalla's Home Investment Trust Limited & Another (Civil Appeal 15 of 2017) [2019] UGSC 71 (25 April 2019)
The Supreme Court held that the Commissioner Land Registration does not have statutory power to cancel a certificate of title on grounds of fraud under Section 91(2) of the Land Act, as fraud was deliberately omitted from the grounds for cancellation by the legislature in the Land (Amendment) Act, 2004. The power to cancel a certificate of title for fraud is vested exclusively in the High Court under Section 177 of the Registration of Titles Act. The cancellation of the appellants' special certificate of title was lawful because it was issued in error, which is a valid ground for cancellation…
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Namusoke & 3 Others v Owalla's Home Investment Trust (E.A) Limited (Civil Appeal 15 of 2017) [2018] UGSC 57 (25 April 2018)
The Supreme Court held that the Commissioner Land Registration does not have the power to cancel a certificate of title on the basis of fraud under Section 91(2) of the Land Act, as fraud was deliberately omitted from the grounds for cancellation by the legislature. The power to adjudicate and order cancellation of a title on grounds of fraud is vested exclusively in the High Court under Section 177 of the Registration of Titles Act. The Court found that the cancellation of the appellants' special certificate of title was lawful because it was issued in error, a ground that falls within the C…
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Allan Mugisha Nyirinkindi Vs Commissioner For Land Registration & Anor (Miscellaneous Cause No. 45 of 2011) [2011] UGHC 172 (7 December 2011)
The High Court held that the Commissioner for Land Registration’s proposed title-cancellation steps were irrational because a related civil suit on alleged fraud was already pending.
