Uganda Case Law

Masembe v Ashaba

Masembe v Ashaba (Civil Suit 74 of 2015) [2024] UGHCLD 286 (29 November 2024)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 74 of 2015

Judge

Naluzze Aisha Batala, J

The court found that the plaintiff lawfully purchased and was registered as owner of the suit land, supported by documentary evidence and physical possession confirmed during the locus visit. The defendant's alleged purchases did not relate to the suit land in dispute, and he failed to establish any legal right or interest therein. The defendant's entry onto the suit land, evidenced by abandoned sugar cane plantations and temporary structures, was unauthorized and constituted trespass. The plaintiff was entitled to general damages for inconvenience caused by the trespass, and costs followed t…

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• Trespass To Land
• Ownership Disputes
• Remedies For Trespass

Kibombo & Another v Kikomeko & Another

Kibombo & Another v Kikomeko & Another (Civil Suit 978 of 2019) [2024] UGHCLD 246 (31 October 2024)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 978 of 2019

Judge

Naluzze Aisha Batala, J

The High Court held that the plaintiffs held valid title to the land, found the defendants had no proven Kibanja interest, and declared them trespassers.

• Mailo Land Ownership
• Kibanja Interest
• Trespass To Land
• Registration Of Titles
• Remedies For Trespass
• Land-trespass

Karabyo v Malavu and Another (HCT-00-LD-CS 1002 of 2020)

Karabyo v Malavu and Another (HCT-00-LD-CS 1002 of 2020) [2024] UGHCLD 222 (19 September 2024)

Court

HC: Land Division (Uganda)

Case number

HCT-00-LD-CS 1002 of 2020

Judge

Bernard Namanya, J

The court found that the 1st defendant was fraudulently registered as owner of the suit property. The sale and registration were tainted by irregularities, including registration preceding the sale agreement, unexplained delays in possession, and failure to conduct due diligence that would have revealed the sale had been nullified by a prior court ruling. The court held that the limitation period did not bar the suit because the fraud was only discovered in 2020, thus postponing the running of time under Section 25 of the Limitation Act. The plaintiff proved fraud attributable to the 1st defe…

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• Fraudulent Registration
• Limitation Periods
• Remedies For Trespass
• Mesne Profits
• Cancellation Of Title

Mutazindwa & 3 Others v Mushana

Mutazindwa & 3 Others v Mushana (Civil Suit 78 of 2019) [2024] UGHCLD 151 (31 May 2024)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 78 of 2019

Judge

Naluzze Aisha Batala, J

The court found that the defendant acquired Kibanja interests on the suit land without obtaining the mandatory consent of the registered proprietor or their predecessor, as required by Section 34 of the Land Act. The defendant's admission that he did not seek consent and his lack of knowledge regarding the process indicated that no valid consent was obtained. The court rejected the argument that consent is optional or that the onus is solely on the assignor, holding that both the seller and purchaser must ensure compliance with statutory requirements. The transfer of title to the plaintiffs v…

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• Trespass To Land
• Mailo Land Rights
• Kibanja Holder Consent
• Remedies For Trespass
• Registration Of Titles
• Damages Assessment

Okwel v Kasaliko and 3 Others

Okwel v Kasaliko and 3 Others (Civil Suit 928 of 2019) [2024] UGHCLD 124 (24 May 2024)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 928 of 2019

Judge

Keitirima, J

The High Court held that the defendants were trespassers on registered land in Ndeeba, ordered eviction and vacant possession, and awarded UGX 50 million in damages.

• Trespass To Land
• Registration Of Titles
• Bona Fide Occupancy
• Succession And Administration
• Remedies For Trespass
• Trespass-to-land

Munghenghe & Another v Nasinyagha & 2 Others

Munghenghe & Another v Nasinyagha & 2 Others (Civil Appeal 101 of 2021) [2024] UGHC 274 (6 May 2024)

Court

High Court of Uganda

Case number

Civil Appeal 101 of 2021

Judge

Lubega, J

The High Court of Uganda allowed a land appeal, set aside the lower court judgment, declared the appellants owners of the suit land, and awarded costs.

• Ownership Of Land
• Trespass To Land
• Burden Of Proof
• Remedies For Trespass
• Land-ownership
• Trespass-to-land

Member Investment Limited and Another v Nanyunja and 2 Others

Member Investment Limited and Another v Nanyunja and 2 Others (Civil Appeal 82 of 2020) [2024] UGHCLD 76 (13 March 2024)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal 82 of 2020

Judge

Nkonge, J

The High Court found that the certificate of title/lease granted to the 1st and 2nd respondents over Kyadondo Block 77 Plot 7028 was fraudulently issued, as the land was already registered in the name of Henry Sebunya since 1997, with an active caveat lodged by a third party. The respondents failed to prove any transfer or cancellation of Sebunya's title or removal of the caveat. The Kabaka of Buganda, as the 3rd respondent, did not demonstrate a valid proprietary interest or authority to lease the land, and the process excluded both the registered proprietor and the appellants, who were in o…

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• Land Title Registration
• Fraudulent Land Transactions
• Leasehold Vs Mailo Interest
• Caveats And Prior Interest
• Remedies For Trespass
• Appellate Review Standards

Nek Sam Odongo v Ekanya Malson

Nek Sam Odongo v Ekanya Malson (Civil Suit 25 of 2019) [2024] UGHC 9 (17 January 2024)

Court

High Court of Uganda

Case number

Civil Suit 25 of 2019

Judge

Ajiji, J

The High Court in Lira held that the plaintiff’s registered lease title proved ownership, declared the defendant a trespasser, and granted eviction, injunction, damages, and costs.

• Land Ownership
• Trespass To Land
• Registration Of Titles
• Remedies For Trespass
• Land-ownership
• Trespass-to-land

Kagumaho v Magambo and Another

Kagumaho v Magambo and Another (Civil Suit 219 of 2022) [2023] UGHC 254 (21 December 2023)

Court

High Court of Uganda

Case number

Civil Suit 219 of 2022

Judge

Byaruhanga Rugyema, J

The High Court held that the plaintiff proved ownership of the land, found the defendants to be trespassers, and granted eviction, injunction, damages, and costs.

• Ownership Dispute
• Trespass To Land
• Sale Of Land Agreements
• Remedies For Trespass
• Land-ownership-dispute
• Trespass-to-land

Kakumilizi v Nankya

Kakumilizi v Nankya (Civil Suit 715 of 2019) [2023] UGHCLD 402 (20 September 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 715 of 2019

Judge

Asiimwe, J

The court found that the plaintiff is the registered proprietor of the suit land, having lawfully purchased it and compensated all squatters. The defendant failed to prove a valid kibanja interest, as she did not know the true landlord nor pay Busulu, and her claim of a gift inter vivos was unsupported by evidence. The defendant's occupation and use of the land constituted trespass. The plaintiff is entitled to declarations of ownership and trespass, and a permanent injunction restraining the defendant from further interference. No general, punitive, or exemplary damages were awarded due to t…

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• Trespass To Land
• Registered Proprietorship
• Kibanja Interest
• Gift Inter Vivos
• Remedies For Trespass