Mayiga Vs Kalule
Mayiga Vs Kalule (Civil Appeal No. 137 of 2012) [2019] UGCA 20 (29 March 2019)
The Court of Appeal held that since the transaction for the sale of family land was void for lack of spousal consent under section 39(1) of the Land Act, the appellant's only remedy is to claim a refund from the party with whom he contracted, namely the first defendant (the respondent's husband). However, as the first defendant was not a party to the appeal and did not appeal the trial court's decision, the appellate court could not make an order against him. The court emphasized that making an order against a non-party would violate the right to a fair hearing under the Constitution. Therefo…
Source excerpt
- Family Land
- Consent Requirement
- Void Transactions
- Remedies For Void Contracts