Uganda Case Law

Wakabi v Centenary Rural Development Bank Limited

Wakabi v Centenary Rural Development Bank Limited (Civil Suit 653 of 2019) [2024] UGCommC 250 (9 May 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 653 of 2019

Judge

Tumusiime Rubagumya, J

The contract for sale of land between the Plaintiff and Defendant was void ab initio due to a fundamental mistake of fact regarding the status of the land, which was gazetted as a forest reserve and not available for sale. Both parties acted under the mistaken belief that the land belonged to Matovu Timothy and was available for transfer. The Defendant conducted reasonable due diligence, including searches and surveys, which did not reveal the gazetting. The Plaintiff failed to carry out his own due diligence prior to purchase and did not request or inspect the certificate of title until afte…

Source excerpt

• Contract Void Ab Initio
• Mistake Of Fact
• Due Diligence In Land Transactions
• Special Damages Proof
• Refund Of Purchase Price

Rwomushana v Kampala Capital City Authority

Rwomushana v Kampala Capital City Authority (Civil Appeal 231 of 2016) [2019] UGCA 2110 (30 October 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 231 of 2016

Judge

Owiny-Dollo, DCJ, Barishaki-Cheborion, JA, Obura, JA

The Court of Appeal dismissed an appeal over a road reserve dispute, finding the appellant lacked permits for structures and livestock, and that the livestock sale was lawful.

• Road Reserve Occupation
• Permit Requirements For Structures
• Livestock Regulation In City
• Special Damages Proof
• Urban Agriculture Permits
• Road-reserve-occupation