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Uganda decisions
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Balbinder v Departed Asians Property Custodian Board (Civil Suit 34 of 2012) [2023] UGHC 234 (4 December 2023)
The High Court in Jinja held that the suit property had been lawfully repossessed, declared the Plaintiff its lawful owner, and issued injunction and damages orders.
Lugwisa v Shiek Ssengendo (Civil Appeal No. 4 of 2021) [2023] UGHCFD 1 (9 January 2023)
The appellant, as a legatee under a will, acquired sufficient interest in the suit land upon the executor's implied assent, evidenced by his testimony affirming her ownership. This assent completed the transfer of title to the appellant, granting her locus standi to sue for trespass. The suit was not barred by limitation, as the claim was for trespass—a continuing tort—rather than a claim to the estate or a share therein. The Chief Magistrate erred in finding the appellant lacked locus standi and in failing to address the limitation objection. The orders dismissing the suit are set aside, and…
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Lugwisa v Ssengendo (Civil Appeal No. 4 of 2021) [2023] UGHCLD 9 (9 January 2023)
The appellant, as a legatee under a will, had sufficient interest in the suit land to confer locus standi to sue in her own name. The executor's conduct, including testimony affirming the appellant's ownership, constituted implied assent to the bequest, thereby completing the appellant's title and divesting the executor's interest. The lower court erred in finding otherwise. Furthermore, the suit was not barred by limitation, as the claim was for trespass—a continuing tort—and not a claim to the personal estate of the deceased. Section 20 of the Limitation Act was inapplicable. The appeal suc…
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