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25 Aug 2021

Land And Property [2021] UGCA 60

Kachra Investiment Company Limited v Mbale Municipal Council Local Covernment and 2 Others

Kachra Investiment Company Limited v Mbale Municipal Council Local Covernment and 2 Others (Civil Appeal No. 193 of 2014) [2021] UGCA 60 (25 August 2021)

Court: Court of Appeal of Uganda
Case number: Civil Appeal No. 193 of 2014
Judge: Cheborion, JA, Obura, JA, Buteera, DCJ

The Court of Appeal held that Plot 15A Bishop Wasike Road and Plot 20 Malukhu Road are not the same property; the suit land is Plot 15A Bishop Wasike Road. The 1st respondent's lease, granted in 1959, was not extinguished by the abolition of statutory leases under the 1995 Constitution, as confirmed by Supreme Court precedent. The appellant's certificate of title for Plot 20 Malukhu Road was fraudulently and irregularly obtained, with no valid supporting documentation or Land Board minutes. The allocation of a lease to the appellant was invalid, as it was granted while the 1st respondent's le…

Source excerpt

Leasehold Title Disputes
Statutory Lease Abolition
Fraudulent Land Registration
Equitable Interest In Land
Injunctions
Damages Award

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28 Oct 2015

Civil Procedure [2015] UGCA 76

Kachra Investiment Company Ltd Vs Mbale Municipal Council & 2 Ors (Misc. Application .No. 109 of 2015)

Kachra Investiment Company Ltd Vs Mbale Municipal Council & 2 Ors (Misc. Application .No. 109 of 2015) [2015] UGCA 76 (28 October 2015)

Court: Court of Appeal of Uganda
Case number: Misc. Application .No. 109 of 2015

The Court found that the applicant had demonstrated the special conditions required for admission of additional evidence on appeal. The evidence sought—a newspaper article and a letter from the Commissioner Land Registration—was not available at the time of trial despite the applicant's efforts to obtain it. The evidence is relevant to the identity and legal status of the disputed land, appears credible, and would probably influence the outcome of the appeal. The application was filed without undue delay, and the attached evidence was properly presented. The Court exercised its discretion und…