Uganda Case Law

Bakirana v Kiiza (HCT-01-LD-CV-CA 32 of 2023)

Bakirana v Kiiza (HCT-01-LD-CV-CA 32 of 2023) [2025] UGHC 132 (28 February 2025)

Court

High Court of Uganda

Case number

HCT-01-LD-CV-CA 32 of 2023

Judge

Wagona, J

The appeal failed because the appellants' claim was based on a will that was neither pleaded nor produced in court, contrary to the requirements of the Evidence Act and established case law. Oral testimony about the will was inadmissible and insufficient to prove their claim to the suit land. The respondent's evidence was consistent with her pleadings and supported by documentary proof of letters of administration and inventory, establishing her entitlement as beneficiary of her late father's estate. The trial magistrate properly evaluated the evidence and did not rely on irregular evidence f…

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• Ownership Dispute
• Succession And Wills
• Evaluation Of Evidence
• Locus In Quo Proceedings

Namatovu v Jjagwe and 2 Others (Misc Cause 51 of 2020)

Namatovu v Jjagwe and 2 Others (Misc Cause 51 of 2020) [2023] UGHCFD 51 (21 January 2023)

Court

HC: Family Division (Uganda)

Case number

Misc Cause 51 of 2020

Judge

Katunguka Kitariisibwa, J

The High Court held that the applicant was customarily married to the deceased, that the Muyenga property was matrimonial property, and ordered transfer to her.

• Customary Marriage
• Matrimonial Property
• Succession And Wills
• Widow Rights
• Property Transfer
• Constitutional Rights

Nakiwu and 2 others v Musoke and 3 Other

Nakiwu and 2 others v Musoke and 3 Other (Civil Suit No. 241 of 2012) [2023] UGHCLD 8 (16 January 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 241 of 2012

Judge

Tweyanze, J

The court found that the suit land (Kyaggwe Block 386 Plots 5, 12, and 13) originally belonged to Musa Kanamwangi but was transferred to Geresom Zziwa, who became the registered proprietor. The Plaintiffs failed to challenge Geresom Zziwa's registration or provide evidence of a valid court order authorizing their registration as proprietors. The Plaintiffs' registration was effected through fraudulent or illegal means, including the use of a non-existent court order and transfers from a deceased person or without proper consent from the estate's beneficiaries. The Defendants, as children and…

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• Land Ownership Disputes
• Succession And Wills
• Fraudulent Transfer Of Title
• Registration Of Titles
• Trespass To Land

Mawejje v Makumbi Banalya Yawe and Another

Mawejje v Makumbi Banalya Yawe and Another (Civil Suit No. 299 of 2014) [2021] UGHCLD 150 (29 October 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 299 of 2014

Judge

Cornelia Kakooza Sabiiti, J

The court found that the plaintiff, as the registered proprietor, holds absolute title to the suit property, having received it as a perfected gift from his late father. The evidence established that the transfer was voluntary and complete, and no proof was adduced by the defendants to rebut the presumption of advancement or to show any contrary intention by the testator. The court further held that the defendants have no legal or equitable interest in the property: the first defendant was not a beneficiary under the will, and the second defendant's claim, based on a life interest bequeathed…

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• Ownership Of Registered Land
• Caveats And Land Registration
• Succession And Wills
• Life Interest And Remaindermen

Kabubbu v Wagaba

Kabubbu v Wagaba (Civil Suit No.401 of 2011) [2019] UGHCLD 8 (25 January 2019)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No.401 of 2011

Judge

Kawesa, J

The Plaintiff failed to prove locus standi, as he claimed under an invalid will, was not an administrator of any estate, and had no legal or equitable interest in the suit land. He sold his kibanja interest before the creation of the certificate of title and was never registered as proprietor. The alleged will was not proven authentic, and the Plaintiff did not meet the burden of proof required by law. The Defendant lawfully acquired the suit land from the estate administrators, provided valuable consideration, and there was no evidence of fraud in the acquisition or registration of title. Th…

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• Locus Standi
• Caveatable Interest
• Fraudulent Acquisition Of Title
• Succession And Wills
• Registration Of Titles
• Beneficiary Rights

E.B Nyakana & Sons Limited v Kobusinge & 16 Others

E.B Nyakana & Sons Limited v Kobusinge & 16 Others (Civil Appeal 2 of 2017) [2018] UGSC 58 (22 May 2018)

Court

Supreme Court of Uganda

Case number

Civil Appeal 2 of 2017

Judge

Katureebe, CJ, Mwangusya, JSC, Opio Aweri, JSC, Tibatemwa, JSC, Buteera, JSC

The Supreme Court upheld a company winding-up order, holding that affidavit evidence was permissible, open court was satisfied, and the Will provisions were invalid.

• Company Winding Up
• Shareholder Disputes
• Affidavit Evidence
• Succession And Wills
• Open Court Hearings
• Company-winding-up

Mathias Mutulankya V Lukyamuzi Lawrencio

Mathias Mutulankya V Lukyamuzi Lawrencio (Civil Appeal No. 0064 of 2012) [2013] UGHCLD 99 (16 May 2013)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal No. 0064 of 2012

Judge

Owiny-Dollo, J

The High Court found that the Respondent had acquired a kibanja interest in the suit land during his father's lifetime, and that the will elevated this interest to a registered interest, making him the rightful owner of the suit land. The Appellant's sale of the land and subsequent eviction of the Respondent constituted trespass, as the Respondent was in lawful possession. The trial Magistrate's failure to visit the locus in quo did not result in a miscarriage of justice, as the identity and location of the land were not in dispute. The award of damages was upheld, as it was based on the prin…

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• Succession And Wills
• Kibanja Interest
• Trespass To Land
• Evaluation Of Evidence
• Damages Assessment

Kiwalabye v Kifamba

Kiwalabye v Kifamba (Civil Suit No. 458 of 2012) [2013] UGHCLD 22 (4 March 2013)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 458 of 2012

Judge

Tuhaise, J

The plaintiff proved on a balance of probabilities that he is the beneficial owner of the suit kibanja, having been bequeathed the land by his grandmother Zabiya Ndagire in a valid will. The defendant, as caretaker, refused to hand over possession despite repeated demands and involvement of local authorities. The defendant's failure to file a defence or rebut the plaintiff's evidence resulted in the allegations being deemed admitted. The court found that the plaintiff suffered inconvenience and dispossession due to the defendant's actions and is entitled to general damages. The court awarded…

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• Eviction Of Caretaker
• Beneficial Ownership
• Succession And Wills
• Default Judgment
• General Damages

Efulaimu Kasiwukira Vs Samuel Serunjoji

Efulaimu Kasiwukira Vs Samuel Serunjoji (Civil Suit No. 380 of 2008) [2012] UGHC 5 (18 January 2012)

Court

High Court of Uganda

Case number

Civil Suit No. 380 of 2008

Judge

Tuhaise, J

The High Court held that the defendant’s registration of land title was fraudulently procured and ordered cancellation of the registration, but refused a vesting order.

• Fraudulent Transfer Of Title
• Beneficiary Rights
• Default Judgment
• Vesting Order
• Registration Of Titles
• Succession And Wills

John Ntanda Masanyalaze v Rita Nanono & 4 Ors

John Ntanda Masanyalaze v Rita Nanono & 4 Ors (Civil Appeal No. 86 of 2008) [2010] UGCA 34 (25 August 2010)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 86 of 2008

The Court of Appeal dismissed an appeal over a disputed will, holding that the deceased died intestate because the alleged will lacked valid attestation.

• Succession And Wills
• Probate And Administration
• Attestation Requirements
• Intestacy
• Burden Of Proof
• Succession-and-wills