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Uganda decisions
Decisions matching the current search
Bulega v Commissioner Land Registration (Miscellaneous Cause 35 of 2022) [2023] UGHCLD 292 (19 January 2023)
The High Court dismissed an application to remove a lease from the register and note re-entry, holding that a registered mortgage and unjoined interested parties barred relief.
Jayantilal Popatlal Karia v Rebecca Musoke (Civil Suit 621 of 1997) [2002] UGHC 125 (25 February 2002)
The High Court struck out the plaintiff’s alternative prayers for relief against forfeiture and cancellation of re-entry, but allowed the declaratory claim to proceed.
Kuwe v Damji Vadher (Civil Appeal No. 42 of 2000) [2001] UGCA 47 (21 September 2001)
The Court of Appeal held that the trial judge properly exercised her discretion in granting relief against forfeiture to the respondent. Although the respondent breached certain covenants of the lease, the court found that the period of non-payment and subletting coincided with the respondent's expulsion and the property's vesting in the Departed Asian Property Custodian Board, circumstances not contemplated by the parties. The court affirmed that section 27 of the Judicature Statute allows relief against forfeiture for non-payment of rent, and that equity may be invoked under sections 16(2)…
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Busiro Coffee Farmers and Dealers Limited v Kayongo and Others (Civil Suit 532 of 1992) [1996] UGHCLD 2 (31 May 1996)
The plaintiff, as the registered proprietor of the suit property, acquired its interest as a bonafide purchaser for valuable consideration after the leasehold interest of the previous lessee was validly determined and removed from the register. The defendants' occupation of the property after the determination of the lease amounted to trespass, as they could not show a better title than the plaintiff. The plaintiff is entitled to possession, mesne profits for the period of wrongful occupation, and an eviction order. The defendants failed to strictly prove their claim for special damages in th…
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Busiro Coffee Farmers and Dealers Ltd v Kayongo and Others (Civil Suit 532 of 1992) [1996] UGHC 56 (31 May 1996)
The plaintiff, as the registered proprietor of the suit property, acquired its interest as a bonafide purchaser for valuable consideration after the lawful determination of the previous lease. The defendants failed to prove fraud in the re-entry or in the plaintiff's registration. The law presumes the registered proprietor to be the absolute owner unless fraud is strictly proved, which was not done. The defendants' continued occupation after the determination of their lease amounts to trespass, and the plaintiff is entitled to possession, mesne profits, and other reliefs. The defendants' coun…
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Abubakar v Muhwezi (Civil Suit 167 of 90) [1992] UGHC 34 (13 October 1992)
The High Court granted the defendant leave to appear and defend a suit for vacant possession and rent, finding that he raised bona fide triable issues.
