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Land And Property [2023] UGHC 360

Kanshabe v Nyiro & 2 Others

Kanshabe v Nyiro & 2 Others (Miscellaneous Application 170 of 2022) [2023] UGHC 360 (26 April 2023)

Court
High Court of Uganda
Case number
Miscellaneous Application 170 of 2022
Judge
Katamba Nkwanga, J

The sale and transfer of the Applicant's property comprised in Kabula Block 76 Plots 823, 684, and 688 at Lyantonde were conducted in total contravention of Section 48 of the Civil Procedure Act and the Civil Procedure Rules. The duplicate certificates of title were never deposited in court prior to the sale, nor was the judgment debtor required to deliver them. The process was tainted by lack of service and notice to the Applicant, and the chronology of events indicated a deliberate intention to deprive the Applicant of his property. The sale agreement was executed before the mandatory legal…

Source excerpt

  • Execution Of Judgments
  • Sale Of Immovable Property
  • Irregular Court Process
  • Title Restoration
  • Nullification Of Sale
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Civil Procedure [2018] UGCA 28

Okwi v Kirunda

Okwi v Kirunda (Civil Appeal No. 35 of 2008) [2018] UGCA 28 (25 June 2018)

Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 35 of 2008
Judge
Owiny-Dollo, DCJ, Egonda-Ntende, JA, Obura, JA

The Court of Appeal found that the sale and transfer of Kyadondo Block 216 Plot 2732 was illegal, null and void because the mandatory requirements under section 48 of the Civil Procedure Act were not complied with. Specifically, neither the duplicate certificate of title nor a special certificate of title was deposited in court prior to the sale, and the special certificate was issued after the sale without proper judicial order or adherence to statutory procedure. The sale was also conducted by private treaty rather than public auction, further violating the Civil Procedure Rules. The High C…

Source excerpt

  • Execution Of Judgments
  • Sale Of Immovable Property
  • Certificate Of Title
  • Public Auction Requirements
  • Irregular Execution
  • Setting Aside Sale
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Civil Procedure [2017] UGHCEBD 25

Bukenya v Bemba

Bukenya v Bemba (Miscellaneous Application No. 1379 of 2016) [2017] UGHCEBD 25 (13 September 2017)

Court
High Court: Execution and Bailiffs Division (Uganda)
Case number
Miscellaneous Application No. 1379 of 2016

The court held that the applicant, having purchased the property through a court-ordered execution sale, paid the full purchase price, and obtained a sale agreement, is entitled to vacant possession. The law protects bona fide purchasers at execution sales, and the court cannot inquire into the adequacy of consideration or the merits of the underlying compensation order at the execution stage. The respondent, having failed to vacate after sale and transfer, cannot resist delivery up of the property. The court emphasized that only fraud or lack of consent could impeach the purchaser's title, n…

Source excerpt

  • Execution Of Decrees
  • Sale Of Immovable Property
  • Purchaser Rights
  • Vacant Possession
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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.