Uganda Case Law

Sunil Kantilal Raichura (Executor of the estate of the late Radhaben Muljibhai Rajani) & Narendra Raivadera (Executor of the estate of the late Jamkunvar Monji Dayal) All suing through their lawful attorney Property Angles Limited v Departed Asians Property Custodian Board & James Nelson Mawanda T/A M/s Kisozi Electrical Services

Sunil Kantilal Raichura (Executor of the estate of the late Radhaben Muljibhai Rajani) & Narendra Raivadera (Executor of the estate of the late Jamkunvar Monji Dayal) All suing through their lawful attorney Property Angles Limited v Departed Asians Property Custodian Board & James Nelson Mawanda T/A M/s Kisozi Electrical Services (Civil Suit 38 of 2014) [2023] UGHC 235 (24 November 2023)

Court

High Court of Uganda

Case number

Civil Suit 38 of 2014

Judge

Bukirwa, J

The High Court held that the plaintiffs were lawful proprietors of the Jinja land and that the defendant board’s temporary allocation to the second defendant was unlawful.

• Certificate Of Title
• Repossession Of Expropriated Property
• Temporary Allocation
• Quiet Enjoyment
• Injunctive Relief
• Costs Award

Wanzira v Kakooza & Another

Wanzira v Kakooza & Another (Miscellaneous Application No.45 of 2020) [2020] UGHC 31 (20 February 2020)

Court

High Court of Uganda

Case number

Miscellaneous Application No.45 of 2020

Judge

Gadenya, J

The applicant demonstrated a prima facie case by showing he is the purchaser and in possession of the suit land, with the respondents threatening eviction and interfering with his quiet enjoyment. The respondents are of humble means and unlikely to compensate the applicant in damages, establishing the risk of irreparable injury. The balance of convenience favors the applicant, as he is in possession and gainfully using the land, while the respondents are not. The equities of the case require preservation of the status quo to prevent injustice. Therefore, the court grants a temporary injunctio…

Source excerpt

• Temporary Injunction
• Specific Performance
• Quiet Enjoyment
• Trespass
• Balance Of Convenience

Vision Impex Limited v Singh Ghatore

Vision Impex Limited v Singh Ghatore (CIVIL APPEAL NO. 155 OF 2016) [2019] UGHCCD 245 (10 May 2019)

Court

HC: Civil Division (Uganda)

Case number

CIVIL APPEAL NO. 155 OF 2016

Judge

Mugambe, J

The High Court allowed the appeal, set aside the trial judgment, and held that the respondent breached the MOU governing use of the easement and maintenance obligations.

• Easement Rights
• Breach Of Memorandum Of Understanding
• Quiet Enjoyment
• General Damages
• Injunctions
• Counterclaim Procedure

Mugisha Vs Kobusingye (Misc Application No. 173 of 2017)

Mugisha Vs Kobusingye (Misc Application No. 173 of 2017) [2017] UGCA 51 (20 November 2017)

Court

Court of Appeal of Uganda

Case number

Misc Application No. 173 of 2017

The Court of Appeal declined an interim injunction, finding no credible evidence of imminent interference or threatened execution affecting the suit property.

• Interim Injunction
• Stay Of Execution
• Quiet Enjoyment
• Subdivision Of Land
• Interim-injunction
• Stay-of-execution

Sihra Singh Santokh v Faulu Uganda Ltd

Sihra Singh Santokh v Faulu Uganda Ltd (Civil Suit No. 517 of 2004) [2014] UGHCLD 23 (30 April 2014)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 517 of 2004

The High Court held that disruptive construction by the landlord breached the tenant’s quiet enjoyment covenant, but the tenant’s termination notice validly rescinded the lease.

• Tenancy Agreement
• Breach Of Contract
• Rescission Of Contract
• Quiet Enjoyment
• Notice Period
• Damages