Uganda Case Law

The Registered Trustees of Child Restoration Outreach v Departed Asians Property Custodian Board & 2 Others

The Registered Trustees of Child Restoration Outreach v Departed Asians Property Custodian Board & 2 Others (Miscellaneous Application 46 of 2024) [2024] UGHC 418 (7 June 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 46 of 2024

Judge

Lubega, J

The court found that the applicant established a prima facie case, as there is a serious question regarding the competing interests of the applicant and the 2nd respondent in the suit property. The applicant demonstrated a likelihood of suffering irreparable injury if the injunction was not granted, given its possession, the presence of tenants, and its rehabilitation activities for street children. The balance of convenience favored the applicant, who has been in possession since 1993. The court emphasized that the purpose of a temporary injunction is to preserve the status quo pending deter…

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• Temporary Injunctions
• Status Quo Orders
• Land Title Disputes
• Repossession Of Property

Mulindwa v Sheroz Auto Trading Co. Limited

Mulindwa v Sheroz Auto Trading Co. Limited (Civil Appeal 65 of 2022) [2023] UGHCCD 398 (27 September 2023)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal 65 of 2022

Judge

Baguma, J

The High Court upheld dismissal of a civil appeal over impounding a vehicle, holding the respondent lawfully exercised a reserved lien under the sale agreement and statute.

• Sale Of Goods
• Unpaid Seller Lien
• Contractual Damages
• Repossession Of Property
• Unpaid-seller-lien
• Repossessory-rights

Murtazaali v The Departed Asians Property Custodian Board

Murtazaali v The Departed Asians Property Custodian Board (Miscellaneous Cause No. 144 of 2021) [2022] UGHCCD 217 (25 October 2022)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 144 of 2021

Judge

Boniface Wamala, J

The High Court held that the Respondent acted illegally by trying to reclaim property that had already been lawfully repossessed, and granted judicial review relief.

• Judicial Review
• Ultra Vires Actions
• Expropriated Properties Act
• Repossession Of Property
• Public Body Mandate
• Certiorari And Prohibition

Sagoo Harbhan Singh and Another v Mugisha and 3 Others

Sagoo Harbhan Singh and Another v Mugisha and 3 Others (Miscellaneous Application No. 2306 of 2021) [2022] UGHCLD 163 (2 September 2022)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 2306 of 2021

Judge

Namanya, Ag. J

The applicants demonstrated that the orders sought in Civil Suit No. 461 of 2017 would legally affect their interests as alleged registered proprietors of the suit property. Order 1 rule 10(2) of the Civil Procedure Rules permits joinder of parties at any stage of proceedings, including after hearing but before judgment. The court found that the applicants' presence is necessary to effectually and completely adjudicate all questions involved and to avoid multiplicity of suits. The arguments that the suit was time barred and that the court was functus officio were rejected. The court held that…

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• Joinder Of Parties
• Stay Of Proceedings
• Repossession Of Property
• Expropriated Properties
• Limitation Periods

Thakkar v Departed Asians Property Custodian Board

Thakkar v Departed Asians Property Custodian Board (MISCELLANEOUS CAUSE NO. 379 OF 2019) [2020] UGHCCD 23 (26 March 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 379 OF 2019

Judge

Musa Ssekaana, J

The High Court held that the Board acted ultra vires by questioning a repossession certificate years after issuance and granted prohibition, injunction, and costs.

• Judicial Review
• Ultra Vires Actions
• Repossession Of Property
• Ministerial Powers
• Expropriated Properties Act
• Certificates Of Repossession

Manharlal v Departed Asians Property Custodian Board

Manharlal v Departed Asians Property Custodian Board (Miscellaneous Cause 379 of 2019) [2020] UGHCCD 226 (26 March 2020)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 379 of 2019

Judge

Musa Ssekaana, J

The court found that the respondent, Departed Asians Property Custodian Board, acted illegally and ultra vires by purporting to investigate the authenticity of the applicant's repossession certificate for property that had already been lawfully repossessed under the Expropriated Properties Act. Once the Minister issues a certificate of repossession, the Minister is functus officio, and neither the Minister nor the Board has authority to revisit or question the decision except by way of appeal to the High Court within the prescribed period. The respondent's actions were therefore without legal…

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• Judicial Review
• Ultra Vires Actions
• Expropriated Properties Act
• Repossession Of Property
• Ministerial Powers
• Certificates Of Repossession

Rajabali Valimohamed Vaiya & Ors v General Parts (U) Ltd

Rajabali Valimohamed Vaiya & Ors v General Parts (U) Ltd (Civil Suit No. 570 of 2002) [2014] UGHCLD 39 (30 November 2014)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 570 of 2002

Judge

Anna B. Mugenyi, J

The High Court found the defendant liable for rental arrears, rejected its fraud challenge to repossession, and offset proven improvements against the debt.

• Tenancy Disputes
• Rental Arrears
• Repossession Of Property
• Fraud In Land Transactions
• Mesne Profits
• Compensation For Improvements

Attorney General v Mitha & Sons Limited (Misc. Cause No. 10 of 2010)

Attorney General v Mitha & Sons Limited (Misc. Cause No. 10 of 2010) [2014] UGHCLD 125 (10 October 2014)

Court

HC: Land Division (Uganda)

Case number

Misc. Cause No. 10 of 2010

Judge

Luswata, J

The court found that the discrepancy in the affidavit was a typographical error and did not invalidate the affidavit. The repossession letter issued to the respondent was deemed to have the same legal effect as a certificate of repossession, and the respondent, through its duly appointed attorney, exercised effective management of the property within the statutory period. The applicant failed to prove that the powers of attorney were forged or that the respondent did not comply with the requirements of the Expropriated Properties Act. Furthermore, the claim for cancellation of the repossessio…

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• Expropriated Properties Act
• Repossession Of Property
• Limitation Periods
• Powers Of Attorney
• Government Property
• Effective Management Requirement

Kiwanuka v Malkit Singh Sondh (M.A No. 163 of 2004)

Kiwanuka v Malkit Singh Sondh (M.A No. 163 of 2004) [2012] UGHC 266 (30 November 2012)

Court

High Court of Uganda

Case number

M.A No. 163 of 2004

Judge

Bashaija, J

The High Court held that the respondent lacked locus standi to sue, because the repossession certificate had been cancelled before the summary suit was filed. The ex parte proceedings were nullified.

• Locus Standi
• Exparte Judgment
• Repossession Of Property
• Attachment And Release Of Property
• Summary Suit Procedure
• Locus-standi

Kyaligonza and Another v Kanja and Others

Kyaligonza and Another v Kanja and Others (CIVIL APPEAL NO. 76/2004) [2010] UGCA 57 (11 October 2010)

Court

Court of Appeal of Uganda

Case number

CIVIL APPEAL NO. 76/2004

Judge

Twinomujuni, JA, Byamugisha, JA, Kavuma, JA

The Court of Appeal held that repossession under the Expropriated Properties Act remained effective until physical possession was restored, and dismissed the appeal.

• Expropriated Properties Act
• Leasehold Vs Mailo Interest
• Repossession Of Property
• Registration Of Titles Act
• Registered Proprietor Rights
• Expropriated-properties-act