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Constitutional Law [2024] UGCC 27

Ismailia Building Company Limited & 3 Others v Attorney General & 4 Others

Ismailia Building Company Limited & 3 Others v Attorney General & 4 Others (Constitutional Petition 37 of 2019) [2024] UGCC 27 (18 December 2024)

Court
Constitutional Court of Uganda
Case number
Constitutional Petition 37 of 2019
Judge
Egonda-Ntende, JCC, Gashirabake, JCC, Eva K. Luswata, JA/JCC, Kazibwe, JCC, Asa Mugenyi, JA/ JCC

Section 9(1)(d) of the Expropriated Properties Act, which allows the Minister to deprive former owners of property if they do not physically return and reside in Uganda within 120 days after repossession, is inconsistent with Articles 2(2), 20(1)(2), 21(1)(2)(3), and 26(1)(2) of the Constitution. The provision ties property ownership to physical residence, which is not a constitutionally recognized justification for deprivation of property. The Constitution requires that deprivation of property must be for public use or other specified interests, with prompt payment of fair and adequate compe…

Source excerpt

  • Expropriation Of Property
  • Right To Property
  • Constitutional Interpretation
  • Discrimination
  • Ministerial Powers
  • Repossession Procedure
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Land And Property [2018] UGSC 80

Mabale Growers Tea Factory Ltd V Noorali

Mabale Growers Tea Factory Ltd V Noorali (Civil Appeal 2 of 2015) [2018] UGSC 80 (15 October 2018)

Court
Supreme Court of Uganda
Case number
Civil Appeal 2 of 2015
Judge
Katureebe, CJ, Arach-Amoko, JSC, Mwangusya, JSC, Opio-Aweri, JSC, Mwondha, JSC

The Supreme Court held that the Expropriated Properties Act did not impose a mandatory time bar on applications for repossession; the 90-day period was regulatory. The Minister retained discretion to return property to former owners as long as the property had not been otherwise disposed of in accordance with the Act. The respondent's repossession in 2006 was lawful because the property remained expropriated and available for return after the encumbrance (re-entry) was cancelled. The appellant, having acquired title from a predecessor who had unlawfully re-entered, could not obtain better tit…

Source excerpt

  • Expropriated Property
  • Repossession Procedure
  • Mesne Profits
  • Ministerial Discretion
  • Fraudulent Dealing
  • Title Registration
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Land And Property [2009] UGHC 1

Edward Waligo v Departed Asians Properties Custodian Board & Ors

Edward Waligo v Departed Asians Properties Custodian Board & Ors (Civil Suit No.30 of 2006) (Civil Suit No.30 of 2006) [2009] UGHC 1 (8 February 2009)

Court
High Court of Uganda
Case number
Civil Suit No.30 of 2006

The court held that the plaintiff's suit, to the extent it challenged the Minister's decision to repossess the property, was time-barred under Section 15(1) of the Expropriated Properties Act, as it was filed more than 30 days after communication of the decision. The sale agreement between the plaintiff and the government made time of the essence and required full payment of the purchase price within 60 days for property to pass. The plaintiff failed to pay the balance within the stipulated period, and despite extensions, did not fulfill his obligations. The government was entitled to cancel…

Source excerpt

  • Expropriated Properties
  • Repossession Procedure
  • Contractual Default
  • Limitation Periods
  • Mesne Profits
  • General Damages
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Land And Property [1998] UGCA 46

Jaffer Brothers Limited v Bagaliwo and 2 Others

Jaffer Brothers Limited v Bagaliwo and 2 Others (Civil Suit 43 of 1997) [1998] UGCA 46 (3 July 1998)

Court
Court of Appeal of Uganda
Case number
Civil Suit 43 of 1997
Judge
Okello, JA, Berko, JA, Engwau, JA

The Court of Appeal held that the appellant's suit was not time barred because the relevant limitation period began to run only from the date the Minister issued the letter of repossession (7/12/93), not from the date the first respondent acquired the property. The Court found that the letter of repossession, clarified by a subsequent letter, was sufficient to vest equitable rights in the appellant under the Expropriated Properties Act, 1982, and that strict compliance with the prescribed form was not required where the substance of the Act was fulfilled. The consent judgment between the firs…

Source excerpt

  • Expropriated Properties
  • Repossession Procedure
  • Limitation Periods
  • Locus Standi
  • Effect Of Consent Judgment
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Land And Property [1998] UGCA 18

Jaffer Brothers Ltd vs Mohamed Magid Bagalaliwo and 2 Others

Jaffer Brothers Ltd vs Mohamed Magid Bagalaliwo and 2 Others (Civil Appeal No 43 of 1997) [1998] UGCA 18 (3 July 1998)

Court
Court of Appeal of Uganda
Case number
Civil Appeal No 43 of 1997

The Court of Appeal held that the Expropriated Properties Act, 1982 is a remedial statute and must be interpreted liberally to achieve its purpose of returning expropriated properties to former owners. The procedural requirement to apply for repossession within ninety days is directory, not mandatory, and the Minister's letter authorizing repossession, though not in prescribed form, sufficed as a certificate of repossession. The appellant's right to repossess the property arose upon issuance of the letter, and the suit was not time barred. The appellant had locus standi to sue, and the consen…

Source excerpt

  • Expropriated Properties
  • Repossession Procedure
  • Limitation Periods
  • Locus Standi
  • Effect Of Consent Judgment
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.