Uganda Case Law

East Africa Foam Limited v Attorney General and 2 Others

East Africa Foam Limited v Attorney General and 2 Others (Civil Appeal 2 of 2022) [2025] UGSC 5 (3 March 2025)

Court

Supreme Court of Uganda

Case number

Civil Appeal 2 of 2022

Judge

Tuhaise, JSC, Elizabeth Musoke, JSC, Stephen Musota, JSC, Madrama , JSC, Catherine Bamugemereire, JSC

The Supreme Court held that the misnaming of the appellant in the mortgage and debenture documents was a rectifiable misnomer, as the context and evidence demonstrated that all parties intended East Africa Foam Limited to be the guarantor. The Court found that the managing director was literate, based on documentary evidence, and thus the Illiterates Protection Act did not render the documents void. The loan to EFIL, though made to a non-existent company, did not absolve the appellant of liability as guarantor, as the managing director's representations estopped the appellant from denying EFI…

Source excerpt

• Company Guarantees
• Mortgage Enforcement
• Pre Incorporation Contracts
• Misnomer In Legal Documents
• Removal Of Caveats
• Receivership

Sewanonda and Another v Muhumuza (Misc Cause No. 5 of 2020)

Sewanonda and Another v Muhumuza (Misc Cause No. 5 of 2020) [2023] UGHCLD 91 (6 March 2023)

Court

HC: Land Division (Uganda)

Case number

Misc Cause No. 5 of 2020

Judge

Wagona, J

The High Court dismissed an application to remove caveats over land, holding that the applicants failed to prove the caveats existed through documentary evidence.

• Removal Of Caveats
• Estate Administration
• Burden Of Proof
• Registration Of Titles
• Removal-of-caveats
• Estate-administration

Sewanonda Katumba and Another v Muhumuza (Misc Cause No. 5 of 2020)

Sewanonda Katumba and Another v Muhumuza (Misc Cause No. 5 of 2020) [2023] UGHCCD 55 (6 March 2023)

Court

HC: Civil Division (Uganda)

Case number

Misc Cause No. 5 of 2020

Judge

Wagona, J

The High Court dismissed an ex parte application to remove caveats because the applicants failed to prove the caveats existed with supporting evidence.

• Removal Of Caveats
• Estate Administration
• Burden Of Proof
• Registration Of Titles
• Removal-of-caveats
• Estate-administration

Nakabuye v Martin Strokes and Another (Misc Cause No. 38 of 2021)

Nakabuye v Martin Strokes and Another (Misc Cause No. 38 of 2021) [2022] UGHCLD 13 (27 January 2022)

Court

HC: Land Division (Uganda)

Case number

Misc Cause No. 38 of 2021

Judge

Kawesa, J

The High Court ordered removal of caveats on the applicant’s land, finding the respondents had not shown cause and lacked a valid caveatable interest.

• Removal Of Caveats
• Caveatable Interest
• Registration Of Titles
• Misnomer In Pleadings
• Caveat-removal
• Caveatable-interest

Gatete v Rutajengwa and Another

Gatete v Rutajengwa and Another (Miscellaneous Application No. 505 of 2013) [2021] UGCommC 132 (29 October 2021)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 505 of 2013

Judges

Zeija, PJ

The High Court of Uganda reviewed an earlier judgment, finding contradictory conclusions on property ownership and a constructive trust, and set aside the respondents' remedies.

• Review Of Judgment
• Error Apparent On Record
• Constructive Trust
• Ownership Of Property
• Removal Of Caveats
• Review-of-judgment

Meera Investiments Limited v Commisssioner Land Registration and Another

Meera Investiments Limited v Commisssioner Land Registration and Another (Civil Miscellaneous Application No. 365 of 2021) [2021] UGHCLD 127 (28 June 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Miscellaneous Application No. 365 of 2021

Judge

Keitirima, J

The court found that Section 140(3) of the Registration of Titles Act governs renewal of expired caveats, not the maintenance of valid and subsisting caveats threatened with removal before expiry. The applicant's caveats were still valid, and the threat of removal arose from the respondents' actions prior to lapse. The application was therefore properly brought under the inherent powers of the court pursuant to Section 33 of the Judicature Act, Section 98 of the Civil Procedure Act, and Order 52 of the Civil Procedure Rules. The court distinguished the present application from previous procee…

Source excerpt

• Caveats On Land
• Maintenance Of Status Quo
• Removal Of Caveats
• Injunctive Relief
• Res Judicata
• Registration Of Titles

Nkambwe and Another v Sheeba and Another

Nkambwe and Another v Sheeba and Another (Civil Miscellaneous Application No. 1016 of 2020) [2021] UGHCLD 85 (28 April 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Miscellaneous Application No. 1016 of 2020

Judge

Kawesa, J

The High Court dismissed an application for contempt, holding that the complained-of actions flowed from earlier consequential orders after dismissal of the main suit.

• Contempt Of Court
• Status Quo Orders
• Removal Of Caveats
• Injunctive Relief
• Contempt-of-court
• Status-quo-orders

Walusimbi Vs Nasasira & Anor (Misc. Application No. 22 of 2018)

Walusimbi Vs Nasasira & Anor (Misc. Application No. 22 of 2018) [2019] UGHCLD 46 (29 August 2019)

Court

HC: Land Division (Uganda)

Case number

Misc. Application No. 22 of 2018

Judge

Kawesa, J

The High Court declined to grant a vesting order, removal of caveat, and special certificate of title because the applicant had not first proved application to the Registrar.

• Vesting Orders
• Removal Of Caveats
• Special Certificate Of Title
• Registration Of Titles Act Procedure
• Vesting-orders
• Removal-of-caveats

The Admnistrator General Vs Commissioner for Land Registration (HCT-14-CV-MC-0044-2018)

The Admnistrator General Vs Commissioner for Land Registration (HCT-14-CV-MC-0044-2018) [2019] UGHCCD 200 (13 March 2019)

Court

HC: Civil Division (Uganda)

Case number

HCT-14-CV-MC-0044-2018

Judge

Mutonyi, J

The High Court ordered removal of long-standing caveats on estate land, holding that the Administrator General could realize and administer the property without further delay.

• Removal Of Caveats
• Estate Administration
• Succession Certificates
• Statutory Duties Of Registrar
• Removal-of-caveats
• Estate-administration

Nalubega and Another v Jackson Kakayira

Nalubega and Another v Jackson Kakayira (Civil Appeal No. 40 of 2004) [2004] UGCA 49 (26 November 2004)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 40 of 2004

Judge

Byamugisha, JA, Mpagi-Bahigeine, JA, Okello, JA

The Court of Appeal held that the trial judge was correct in finding that the respondent and his siblings were bona fide occupants of the land, and that the caveats protecting their interest were improperly removed without proper notice or legal compliance. The sale agreement, though unstamped, was properly admitted in evidence under section 43 of the Stamp Act, and its admission could not be challenged at the appellate stage. The first appellant, as administrator, acted fraudulently by causing the removal of caveats and selling the land without satisfying the estate's interest. The second ap…

Source excerpt

• Bona Fide Occupancy
• Removal Of Caveats
• Fraud In Land Transactions
• Succession And Administration Of Estates
• Registration Of Titles
• Stamp Duty On Instruments