Uganda Case Law

Asaba Jaiden v Tegras Byeitima and Others

Asaba Jaiden v Tegras Byeitima and Others (Civil Appeal No. 21 of 2014) [2023] UGCA 4 (5 January 2023)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 21 of 2014

Judge

Musota, JA, Bamugemereire, JA, Musoke, JA

The Court of Appeal found that the appellant was not accorded a proper hearing in the High Court, as the trial judge decided the case based solely on a surveyor's report that was not properly admitted as evidence and without allowing the appellant to present his case or call witnesses. This violated the appellant's constitutional right to a fair hearing under Articles 28 and 44. The court also held that the preliminary objection regarding extraction of a decree was without merit, as Rule 87(1) of the Judicature (Court of Appeal Rules) Directions does not require a decree to be part of the rec…

Source excerpt

• Right To Fair Hearing
• Customary Land Ownership
• Admissibility Of Evidence
• Burden Of Proof
• Procedure On Appeal

Birungi v Orihikayo and Others

Birungi v Orihikayo and Others (Civil Appeal No. 11 of 2016) [2021] UGHC 64 (17 December 2021)

Court

High Court of Uganda

Case number

Civil Appeal No. 11 of 2016

The High Court struck out an amended memorandum of appeal filed without leave, upheld a preliminary objection, and dismissed the appeal with costs.

• Attachment And Sale Of Land
• Family Land Rights
• Procedure On Appeal
• Bonafide Purchaser
• Amendment Of Pleadings
• Civil-procedure