Uganda Case Law

Lamminta Commercial (U) Limited v Kiconco and Another (Misc Cause 136 of 2020)

Lamminta Commercial (U) Limited v Kiconco and Another (Misc Cause 136 of 2020) [2023] UGHCLD 151 (16 June 2023)

Court

HC: Land Division (Uganda)

Case number

Misc Cause 136 of 2020

Judge

Busingye, J

The application for consequential orders fails because there has been no valid recovery of the suit land by the applicant from the registered proprietor through proceedings in which both parties were present. The respondent and his predecessor were not parties to the proceedings that set aside the consent judgment, and the ruling did not address the legality of the respondent's title. Section 177 of the Registration of Titles Act requires that cancellation of title be based on recovery of land from the registered proprietor, which has not occurred. Granting the orders sought would violate the…

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• Consequential Orders
• Cancellation Of Title
• Recovery Of Land
• Consent Judgment
• Fair Hearing
• Registered Proprietor

Buwule Kasasa v Rutungu Investiments and 3 Others

Buwule Kasasa v Rutungu Investiments and 3 Others (Miscellaneous Application No. 125 of 2020) [2022] UGHCLD 146 (9 August 2022)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 125 of 2020

Judge

Nkonge, J

The court found that Martin Mugaaju is the current registered proprietor of the suit land, having acquired it from the 1st respondent before the main suit was filed. The applicant seeks substantive reliefs against Mugaaju, including cancellation of his registration for alleged fraud. The court held that Mugaaju is a necessary party whose presence is required for the effective and complete settlement of all questions involved in the suit and to avoid multiplicity of proceedings. The respondents did not contest the application, and the facts in the applicant's affidavit were deemed admitted. Th…

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• Joinder Of Parties
• Amendment Of Pleadings
• Registered Proprietor
• Multiplicity Of Suits

Kanyeihamba v Commissioner Land Registration

Kanyeihamba v Commissioner Land Registration (Civil Suit No. 064 of 2014) [2015] UGHCLD 61 (12 February 2015)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 064 of 2014

Judge

Luswata, J

The applicant failed to provide sufficient evidence of a sale of the suit land, payment of the full purchase price, and a legal connection to the estate of the registered proprietor. While possession was established, the statutory requirements under Section 167 of the Registration of Titles Act for a vesting order were not met. The absence of proof regarding the authority of the vendor and completion of the sale rendered the applicant ineligible for the relief sought. Consequently, the application for a vesting order was dismissed.

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• Vesting Order
• Transfer Of Land
• Proof Of Purchase
• Possession Of Land
• Registered Proprietor
• Estate Of Deceased

Nakiranda v Musoke Mbidde & Ors

Nakiranda v Musoke Mbidde & Ors (Miscellaneous Application No. 548 of 2013) [2013] UGHCCD 121 (18 September 2013)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 548 of 2013

The applicant was duly served with summons and hearing notices both personally and by substituted service, as evidenced by affidavits of service and court record. Her claims of non-service and ignorance of proceedings are contradicted by her own actions and the chronology of events, including engagement of multiple advocates and participation in court processes. The applicant failed to provide a reasonable excuse for non-appearance and her evidence was found to be inconsistent and unreliable. Her contradictory statements regarding ownership undermine her locus standi, and her conduct in defyi…

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• Ex Parte Judgment
• Setting Aside Decree
• Service Of Process
• Locus Standii
• Registered Proprietor
• Abuse Of Court Process

Tumwebaze v Uganda Land Commission & Anor (Hct-05-cv-ma-0123-2008)

Tumwebaze v Uganda Land Commission & Anor (Hct-05-cv-ma-0123-2008) [2009] UGHC 238 (25 August 2009)

Court

High Court of Uganda

Case number

Hct-05-cv-ma-0123-2008

Judge

Gidudu, J

The High Court quashed the Uganda Land Commission’s cancellation of a lease offer for breach of natural justice, ordered a hearing, and awarded damages and costs.

• Judicial Review
• Natural Justice
• Right To Fair Hearing
• Lease Cancellation
• Registered Proprietor
• Public Body Decision Making

Muntukwonka Victoria v Jim Kiggundu (Misc.App.No.720 Of 2002) (Misc.App.No.720 of 2002)

Muntukwonka Victoria v Jim Kiggundu (Misc.App.No.720 Of 2002) (Misc.App.No.720 of 2002) [2002] UGHC 66 (13 December 2002)

Court

High Court of Uganda

Case number

Misc.App.No.720 of 2002

The court found that the respondent was the registered proprietor of the land at the time of the alleged trespass and that his lease had not expired when the violation occurred. The subsequent expiry of the lease does not negate the respondent's right to seek remedies for violations committed prior to expiry. The respondent's application for lease extension and continued recognition as proprietor under the Registration of Titles Act further support his locus standi. The plaint discloses a cause of action, and striking it out would be contrary to public policy and the interests of justice. The…

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• Striking Out Plaint
• Locus Standi
• Cause Of Action
• Lease Expiry
• Registered Proprietor