Uganda Case Law

Sunil Kantilal Raichura (Executor of the estate of the late Radhaben Muljibhai Rajani) & Narendra Raivadera (Executor of the estate of the late Jamkunvar Monji Dayal) All suing through their lawful attorney Property Angles Limited v Departed Asians Property Custodian Board & James Nelson Mawanda T/A M/s Kisozi Electrical Services

Sunil Kantilal Raichura (Executor of the estate of the late Radhaben Muljibhai Rajani) & Narendra Raivadera (Executor of the estate of the late Jamkunvar Monji Dayal) All suing through their lawful attorney Property Angles Limited v Departed Asians Property Custodian Board & James Nelson Mawanda T/A M/s Kisozi Electrical Services (Civil Suit 38 of 2014) [2023] UGHC 235 (24 November 2023)

Court

High Court of Uganda

Case number

Civil Suit 38 of 2014

Judge

Bukirwa, J

The High Court held that the plaintiffs were lawful proprietors of the Jinja land and that the defendant board’s temporary allocation to the second defendant was unlawful.

• Certificate Of Title
• Repossession Of Expropriated Property
• Temporary Allocation
• Quiet Enjoyment
• Injunctive Relief
• Costs Award

Balbinder Singh Gill v Kateregga Mark & Departed Asians Property Custodian Board

Balbinder Singh Gill v Kateregga Mark & Departed Asians Property Custodian Board (Civil Suit 31 of 2020) [2023] UGHC 233 (24 November 2023)

Court

High Court of Uganda

Case number

Civil Suit 31 of 2020

Judge

Bukirwa, J

The High Court at Jinja declared Balbinder Singh Gill the lawful owner of the disputed land, nullified the Board’s allocation to the 1st defendant, and awarded possession, damages, injunction, and costs.

• Ownership Of Land
• Repossession Of Expropriated Property
• Title Registration
• Trespass
• Mesne Profits
• Injunctive Relief

Mabale Growers Tea Factory Ltd V Noorali Mohamed & Another

Mabale Growers Tea Factory Ltd V Noorali Mohamed & Another (Civil Suit No. 0065 of 2006) [2009] UGHC 247 (30 July 2009)

Court

High Court of Uganda

Case number

Civil Suit No. 0065 of 2006

Judge

Owiny-Dollo, J

The court held that the re-entry by the Plaintiff's predecessor in title onto the suit property was unlawful because the property was expropriated and vested in the Government under the Expropriated Properties Act, 1982. Any dealings, including re-entry or sale, were null and void until the Minister of Finance dealt with the property in accordance with the Act. The Plaintiff's acquisition of the freehold title did not extinguish the Defendant's leasehold interest, which was reinstated upon the issuance of a certificate of repossession to the Defendant. The Defendant did not commit fraud in ap…

Source excerpt

• Expropriated Properties Act
• Repossession Of Expropriated Property
• Leasehold And Freehold Titles
• Fraud In Land Transactions
• Mesne Profits
• Remedies For Unlawful Occupation

Ravig Patel and Others v Attorney General and Others

Ravig Patel and Others v Attorney General and Others (Miscellaneous Application 375 of 1997) [1998] UGHC 24 (28 April 1998)

Court

High Court of Uganda

Case number

Miscellaneous Application 375 of 1997

Judges

Ntabgoba, PJ

The High Court allowed an amendment to a plaint over expropriated property, holding the Minister’s letter was not a final appealable decision and the suit was not time-barred.

• Amendment Of Plaint
• Repossession Of Expropriated Property
• Compensation Claims
• Limitation Periods
• Ministerial Decision Finality
• Amendment-of-plaint

Kalani v Kaur

Kalani v Kaur (Civil Appeal 22 of 1995) [1996] UGSC 25 (9 August 1996)

Court

Supreme Court of Uganda

Case number

Civil Appeal 22 of 1995

Judge

Manyindo, DCJ, Oder, JSC, Tsekooko, JSC

The Supreme Court of Uganda held that a lease had been surrendered before expulsion, so the property was not expropriated and the repossession certificate was cancelled.

• Repossession Of Expropriated Property
• Lease Surrender
• Registration Of Titles
• Government Expropriation
• Declaration Of Title
• Lease-surrender

Registered Trustees of Kampala Institute v Departed Asians Property Board

Registered Trustees of Kampala Institute v Departed Asians Property Board [1994] UGSC 18 (1 August 1994)

Court

Supreme Court of Uganda

The Supreme Court held that Uganda’s Expropriated Properties Act applied to property taken over by the Military Regime even if the takeover was unlawful, and allowed the appeal.

• Expropriated Properties Act Interpretation
• Repossession Of Expropriated Property
• Statutory Construction
• Remedial Legislation
• Lease Expiry And Continuation
• Expropriated-properties-act

Stephen Kalani v Satwant Kaur

Stephen Kalani v Satwant Kaur [1996] UGSC 16 (9 August 1996)

Court

Supreme Court of Uganda

The Supreme Court found that the respondent had surrendered her leasehold interest in the suit property prior to her expulsion from Uganda, as evidenced by the registration of the surrender and the correspondence from the Departed Asians Property Custodian Board certifying its genuineness. The surrender was effective inter parties from 7-7-72, and the subsequent registration, though delayed, did not invalidate the surrender. The respondent had no leasehold interest to declare to the Government, and the property reverted to the mailo owner. Consequently, the Expropriated Properties Act did not…

Source excerpt

• Repossession Of Expropriated Property
• Lease Surrender
• Registration Of Titles
• Government Expropriation
• Declaration Of Title