Uganda Case Law

Kachira Investment Company Limited v Mbale Municipal Council and 2 Others

Kachira Investment Company Limited v Mbale Municipal Council and 2 Others (Civil Appeal 33 of 2021) [2024] UGSC 9 (17 May 2024)

Court

Supreme Court of Uganda

Case number

Civil Appeal 33 of 2021

Judge

Owiny-Dollo, CJ, Mwondha, JSC, Tibatemwa-Ekirikubinza, JSC, Tuhaise, JSC, Madrama , JSC

The Supreme Court held that the lower courts correctly found that Plot 15A Bishop Wasike Road existed before Plot 20 Malukhu Road and that the suit property is properly described as Plot 15A Bishop Wasike Road. The abolition of statutory leases under the 1995 Constitution did not automatically extinguish the rights of the 1st respondent, whose lease was still running at the time of the constitutional change. The 2nd respondent was a sitting tenant with lawful occupancy, and the subsequent transactions between the respondents were valid. The appellant failed to demonstrate that the lower court…

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• Statutory Leases
• Public Land Allocation
• Lease Conversion
• Bona Fide Occupancy
• Title Registration
• Land Disputes

Syanywana Kasereka and 2 Others v Registrar of Titles and Another (HCT-01-LD-CS 21 of 2013)

Syanywana Kasereka and 2 Others v Registrar of Titles and Another (HCT-01-LD-CS 21 of 2013) [2024] UGHC 404 (19 April 2024)

Court

High Court of Uganda

Case number

HCT-01-LD-CS 21 of 2013

Judge

Wagona, J

The court found that while the plaintiffs had occupied and used the suit land for a long time, their methods of acquisition—through area chiefs or informal arrangements—did not confer customary or lawful occupancy under the prevailing law (Land Reform Decree 1975, Public Lands Act 1969). The evidence did not establish that any plaintiff held a recognized customary or statutory interest. The lease and certificate of title issued to Amon Bazira in 1982 were not proved to have been obtained by fraud or illegality attributable to him; the plaintiffs failed to adduce evidence from the Uganda Land…

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• Customary Tenure
• Leasehold Title
• Eviction Procedure
• Fraud In Land Registration
• Public Land Allocation

Asia v Ayiga

Asia v Ayiga (Civil Appeal No. 10 of 2019) [2023] UGHCCD 82 (31 March 2023)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal No. 10 of 2019

Judge

Serunkuma, J

The High Court dismissed a land appeal, holding that the respondent's family had customary ownership, the appellant's husband was only a licensee, and the appellant lacked locus standi.

• Customary Land Ownership
• Licensee Status
• Letters Of Administration
• Public Land Allocation
• Customary-land-ownership
• Licensee-status

Muwulize Growers Coop Society Limited v Rwenzigye

Muwulize Growers Coop Society Limited v Rwenzigye (Civil Appeal No. 13 of 2014) [2022] UGCA 166 (10 June 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 13 of 2014

Judge

Egonda-Ntende, JA, Kibeedi Mutangula, JA, Gashirabake, JA

The Court of Appeal held that the respondent had no lawful customary tenure under the Land Reform Decree, but his long occupation and development gave him priority over the appellant’s undisclosed lease claim.

• Customary Tenure
• Public Land Allocation
• Land Reform Decree
• Leasehold Priority
• Fraudulent Land Applications
• Customary-tenure

China Road & Bridge Corporation v Welt Machinen Engineering Limited

China Road & Bridge Corporation v Welt Machinen Engineering Limited (Civil Appeal 13 of 2019; Civil Appeal 14 of 2019) [2022] UGSC 8 (2 February 2022)

Court

Supreme Court of Uganda

Case number

Civil Appeal 13 of 2019 ; Civil Appeal 14 of 2019

Judge

Arach-Amoko, JSC, Mwondha, JSC, Mugamba, JSC, Muhanguzi, JSC, Mike Chibita, JSC

The Supreme Court held that granite used for road construction was not a mineral under Article 244, found the district lacked contracting power, and set aside the compensation award.

• Public Land Allocation
• Mineral Rights
• Res Judicata
• Statutory Interpretation
• Unjust Enrichment
• Government Contracts

Sempangi v Babu Francis and 7 Others

Sempangi v Babu Francis and 7 Others (Civil Suit No. 416 of 2013) [2021] UGHCLD 130 (9 September 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 416 of 2013

Judge

Keitirima, J

The court found that the plaintiff's lease expired in 1992 and was not renewed or extended, and there was no credible evidence of a lawful 99-year extension. The purported extension was found to be a forgery, as confirmed by the Commissioner Land Registration. The plaintiff failed to comply with the building covenant, which was a condition precedent for automatic renewal. Upon expiry, the land reverted to the lessor, who lawfully leased it to the 1st defendant. The plaintiff, having no subsisting legal interest or locus standi, could not challenge subsequent transfers or claim relief. Even if…

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• Leasehold Title
• Fraudulent Transfer
• Locus Standi
• Building Covenants
• Public Land Allocation

Olango v Too-rom

Olango v Too-rom (Civil Appeal No. 39 of 2019) [2020] UGHC 125 (14 August 2020)

Court

High Court of Uganda

Case number

Civil Appeal No. 39 of 2019

Judge

Stephen Mubiru, J

The High Court allowed an appeal over disputed land in Gulu, held the respondent’s lease renewal was invalid, and ordered cancellation of his title.

• Lease Renewal
• Fraud In Land Transactions
• Title Registration
• Locus In Quo Procedure
• Public Land Allocation
• Land-law

Oketa & 3 Ors Vs Lakony

Oketa & 3 Ors Vs Lakony (CIVIL APPEAL No. 0038 OF 2015) [2018] UGHCCD 62 (25 October 2018)

Court

HC: Civil Division (Uganda)

Case number

CIVIL APPEAL No. 0038 OF 2015

Judge

Stephen Mubiru, J

The respondent failed to establish a valid leasehold interest in the disputed land, as the lease offer lacked a sufficient description and was never registered, and the term expired without title. Customary ownership was not proven by evidence of acquisition under established customary rules, but only by occupancy, which is insufficient. The respondent's possessory rights over the entire 6,000 acres were not established, as there was no evidence of open, notorious, continuous, exclusive possession or occupation of all parts of the land after the insurgency. The appellants' adverse possession…

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• Customary Land Tenure
• Leasehold Interest
• Public Land Allocation
• Adverse Possession
• Ex Parte Proceedings
• Judicial Bias

Ovoya v Nzizori

Ovoya v Nzizori (Civil Appeal No. 0024 of 2016) [2017] UGHCLD 20 (2 March 2017)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal No. 0024 of 2016

Judge

Stephen Mubiru, J

Neither the appellant nor the respondent acquired a valid proprietary interest in the disputed land. The respondent's long-term occupation did not amount to customary tenure, as urban land cannot be held under customary tenure without express statutory authority, which was not proven. The Paidha Town Board lacked legal capacity to create interests in public land absent a statutory lease from the Uganda Land Commission. The appellant failed to prove compliance with statutory procedures for acquisition of leasehold or freehold, including submission of the prescribed application and timely accep…

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• Customary Tenure
• Public Land Allocation
• Leasehold Vs Freehold
• Urban Land Management
• Compensation For Occupation

Habre International, Trading Co. Ltd v Francis Rutagurana Bantariza

Habre International, Trading Co. Ltd v Francis Rutagurana Bantariza (Civil Appeal 3 of 1999) [1999] UGSC 3 (9 August 1999)

Court

Supreme Court of Uganda

Case number

Civil Appeal 3 of 1999

The Supreme Court of Uganda held that the appellant’s title had not been lawfully cancelled under the Registration of Titles Act and restored the High Court judgment.

• Leasehold Title
• Cancellation Of Title
• Public Land Allocation
• Trespass
• Registration Of Titles
• Appellate Review