Nabukenya Vs Bwogi (Civil Appeal No. 290 of 2017) [2019] UGCA 33 (15 April 2019)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 290 of 2017
The Court of Appeal held that the appellant’s suit was not barred by limitation due to discovery of fraud, and remitted the case to determine her occupancy rights.
Patterson and Another v Kanji (Civil Appeal No. 83 of 1955) [1950] EACA 106 (1 January 1950)
Court
East African Court of Appeal
Case number
Civil Appeal No. 83 of 1955
Judge
Bacon, JA, Mahon, ACJ (Tanganyika), Worley, P
The Court of Appeal held that regulation 3 of the Land Regulations, 1948, applies to all dealings with a right of occupancy, whether oral or written, and renders such transactions inoperative unless approved by the Governor. The respondent's attempt to enforce a claim for rent under an oral tenancy agreement, without the required statutory approval, was an attempt to rely on a transaction declared inoperative by law. The doctrine of estoppel cannot override statutory requirements; there can be no estoppel against an Act of Parliament. The High Court erred in holding that regulation 3 only app…