Uganda Case Law

Kachira Investment Company Limited v Mbale Municipal Council and 2 Others

Kachira Investment Company Limited v Mbale Municipal Council and 2 Others (Civil Appeal 33 of 2021) [2024] UGSC 9 (17 May 2024)

Court

Supreme Court of Uganda

Case number

Civil Appeal 33 of 2021

Judge

Owiny-Dollo, CJ, Mwondha, JSC, Tibatemwa-Ekirikubinza, JSC, Tuhaise, JSC, Madrama , JSC

The Supreme Court held that the lower courts correctly found that Plot 15A Bishop Wasike Road existed before Plot 20 Malukhu Road and that the suit property is properly described as Plot 15A Bishop Wasike Road. The abolition of statutory leases under the 1995 Constitution did not automatically extinguish the rights of the 1st respondent, whose lease was still running at the time of the constitutional change. The 2nd respondent was a sitting tenant with lawful occupancy, and the subsequent transactions between the respondents were valid. The appellant failed to demonstrate that the lower court…

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• Statutory Leases
• Public Land Allocation
• Lease Conversion
• Bona Fide Occupancy
• Title Registration
• Land Disputes

Kanyanya v Owori

Kanyanya v Owori (Civil Appeal No. 11 of 2013) [2021] UGCA 123 (24 May 2021)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 11 of 2013

Judge

Kakuru, JA, Madrama, JA, Kiryabwire, JA

The Court of Appeal held that the Tororo District Land Board had no legal authority to allocate or lease the suit property after the expiry of the appellant's lease, as statutory leases to urban authorities were abolished by Article 286 of the 1995 Constitution. The suit property vested in the appellant upon the passing of the Constitution, and the District Land Board's purported lease to the respondent was invalid. The appellant, having remained in possession and invested in the property, retained a revisionary interest and was entitled to apply for freehold or recognition of ownership. The…

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• Leasehold Title Disputes
• Statutory Leases
• District Land Board Authority
• Legitimate Expectation
• Vacant Possession
• Compensation For Land

Okidi & Anor v Odwong

Okidi & Anor v Odwong (Civil Appeal No. 233 of 2015) [2019] UGCA 18 (1 April 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 233 of 2015

Judge

Kakuru, JA, Madrama, JA, Musota, JA

The Court of Appeal dismissed a land dispute appeal, holding the appellants’ claimed licence gave no inheritable interest and no fraud was proved.

• Licensee Interest
• Bona Fide Occupancy
• Fraudulent Registration
• Statutory Leases
• Urban Land Allocation
• Land-law

National Housing And Construction Corporation v Kampala District Land Board & Anor

National Housing And Construction Corporation v Kampala District Land Board & Anor (Civil Appeal No. 43 of 2002) [2004] UGCA 7 (1 February 2004)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 43 of 2002

The Court of Appeal held that the appellant was a bona fide occupant of the disputed land and set aside the High Court judgment, cancelling the second respondent's title.

• Bona Fide Occupancy
• Statutory Leases
• Land Act Interpretation
• Registration Of Titles
• Leasehold Rights
• Land-and-property