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4 Jun 2015

Land And Property [2015] UGHC 5

Kisoro Town Council & Another v Zungu

Kisoro Town Council & Another v Zungu (Civil Appeal 3 of 2012) [2015] UGHC 5 (4 June 2015)

Court: High Court of Uganda
Case number: Civil Appeal 3 of 2012
Judge: Elubu, J

The court found that the respondent's mother, Matilda Kanazi Mbonigaba, had established possession of the suit land, and her gift of the land to the respondent was valid under customary law. The evidence showed continuous possession by the family and a caretaker, with no credible proof from the appellants that the land was government property or that the respondent's claim was fabricated. The court held that the absence of formal approval for the transfer did not invalidate the gift, given the lack of a prescribed authority under the law. The Town Council's acquisition and plotting of the lan…

Source excerpt

Customary Land Tenure
Public Land Acquisition
Compensation For Expropriation
Proof Of Custom
Urban Land Designation

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1 Jan 1948

Criminal Law [1948] EACA 13

Rex v Luguma

Rex v Luguma (Criminal Appeal No. 298 of 1947) [1948] EACA 13 (1 January 1948)

Court: East African Court of Appeal
Case number: Criminal Appeal No. 298 of 1947
Judge: Bourke J, Edwards CJ, Graham Paul CJ

The conviction for murder was based on a statement of Muha custom provided by assessors after the defence had closed, depriving the accused of the opportunity to challenge or controvert the evidence. The court held that if a conviction depends on local custom, it must be proved in evidence for the prosecution, allowing cross-examination and rebuttal. The learned judge was improperly influenced by the assessors' statement, and absent that influence, would have convicted of manslaughter. Accordingly, the murder conviction was quashed and replaced with manslaughter.