Uganda Case Law

Uganda Tea Growers Corporation (In liquidation) v Buganda Land Board & Others

Uganda Tea Growers Corporation (In liquidation) v Buganda Land Board & Others (Civil Suit 29 of 2019) [2024] UGHC 78 (13 February 2024)

Court

High Court of Uganda

Case number

Civil Suit 29 of 2019

Judge

Kazibwe, J

The court found that the Plaintiff, a statutory corporation, ceased to exist upon the repeal of its enabling Act and could not lawfully acquire or extend leases beyond the winding up process. The purported extension of the lease by Mubende District Land Board was illegal, as the Board lacked jurisdiction after the creation of Mityana District, and the Plaintiff was not a legal entity capable of holding or extending the lease. The automatic renewal clause did not apply because the lease had expired, and any extension required action before expiry. The Plaintiff's title was thus void ab initio.…

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• Lease Extension
• Statutory Corporations
• Land Jurisdiction
• Title Cancellation

Wakiso District Land Board v National Forestry Authority

Wakiso District Land Board v National Forestry Authority (Miscellaneous Application No. 2060 of 2022) [2023] UGHCLD 94 (23 March 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 2060 of 2022

Judges

Zeija, PJ

The High Court held that Wakiso District Land Board had not been properly served with summons, set aside the ex parte order, and granted leave to defend the suit.

• Service Of Process
• Ex Parte Orders
• Leave To Defend
• Statutory Corporations
• Service-of-process
• Ex-parte-orders

Kajura v Dairy Corporation Limited and Another

Kajura v Dairy Corporation Limited and Another (Civil Suit No.117 of 2009) [2012] UGHC 439 (16 December 2012)

Court

High Court of Uganda

Case number

Civil Suit No.117 of 2009

Judge

Musoke, J

The High Court held that PAYE deducted from former employees’ terminal benefits was unlawful and ordered a refund, damages, interest, and costs.

• Pay As You Earn Taxation
• Terminal Benefits
• Tax Exemptions
• Statutory Corporations
• Pensions Act Interpretation
• Paye

National Enterprises Corporation & 2 Ors v Nile Bank Limited

National Enterprises Corporation & 2 Ors v Nile Bank Limited [1995] UGSC 22 (21 June 1995)

Court

Supreme Court of Uganda

Judge

Manyindo, DCJ, Oder, JSC, Platt, JSC

The Supreme Court held that the debenture executed before the incorporation of NEC Bakery was a nullity as between NEC Bakery and the respondent, but enforceable against the first appellant, who contracted as principal for a non-existent company and received the loan. The court affirmed the principle that a person contracting as agent for a non-existent principal may be held personally liable. The trial judge was correct in lifting the corporate veil to identify the true parties and economic entity, given the first appellant's majority control over its subsidiaries. However, the court found t…

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• Pre Incorporation Contracts
• Lifting Corporate Veil
• Debenture Enforcement
• Unlawful Seizure Of Property
• Special Damages
• Statutory Corporations

Daudi C. Manyindo v DAPCB & Anor

Daudi C. Manyindo v DAPCB & Anor (Civil Suit No. DR. MFP 18/90) [1992] UGHC 16 (21 January 1992)

Court

High Court of Uganda

Case number

Civil Suit No. DR. MFP 18/90

The court found that the plaintiff was the registered proprietor of the suit land, having succeeded his father and holding a valid certificate of title. The lease to the Asian companies was valid, and rents were paid for the first 25 years. Upon the expulsion of the Asian lessees, the property was abandoned, and the plaintiff was entitled to exercise his right of re-entry due to non-payment of rent, failure to use the land for its intended agricultural purpose, and abandonment. The court held that the property never vested in the Departed Asians Property Custodian Board, as the plaintiff was…

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• Leasehold Title
• Re-entry Rights
• Statutory Corporations
• Allocation Of Property
• Registration Of Titles
• Expulsion Of Asians