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Uganda decisions
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Onyaiti and 3 Others v Mwesigwa Byakutaga and Another (Misc Cause 13 of 2024) [2025] UGHC 94 (10 January 2025)
The High Court of Uganda at Hoima ordered rectification of a land title after accepting survey evidence showing a mismatch between the cadastral map and the ground.
Busoga Agro Limited v Rutaisire and 6 Others (Miscellaneous Application 16 of 2023) [2024] UGHC 469 (21 June 2024)
The court found that the proposed amendment to introduce the survey report and correct the size of the suit land is consistent with the existing pleadings and does not substitute a new cause of action. The amendment relates to the same facts and reliefs already claimed, and will enable the court to resolve all issues and avoid multiplicity of suits. The respondents did not demonstrate any injustice that could not be compensated by costs, nor did they show that the amendment was malafide or prohibited by law. The application was made before hearing, and the respondents will have an opportunity…
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National Forestry Authority v Mulumba (Miscellaneous Application 19 of 2023) [2024] UGHC 587 (30 April 2024)
The High Court ordered a boundary opening and verification exercise in a land dispute between the National Forestry Authority and Mulumba Salayi.
Nyakairu v Katushabe (Miscellaneous Application 102 of 2023) [2024] UGHC 393 (8 April 2024)
The High Court revised a magistrate’s land ruling, finding procedural irregularities in the survey process, ex parte handling, and failure to visit locus.
Okumu & Another v National Forestry Authority & Another (Civil Appeal 70 of 2020) [2024] UGHC 76 (29 February 2024)
The High Court set aside a magistrate’s dismissal of a land suit, holding the plaint disclosed a cause of action and the parties were denied a fair hearing.
The Registered Trustees Of Kampala Kindergarten Association v Labarnum Courts Limited and Others (Civil Suit No. 36 of 2008) [2023] UGHCLD 97 (27 January 2023)
The Plaintiff established a cause of action by showing its registered ownership of Plot 12 Kyaggwe Road and that the Defendants encroached on its land. The court adopted the joint surveyor's report, which conclusively determined that the 1st Defendant's land (Plot 4 Akii-Bua Close) encroached on the Plaintiff's land by approximately 16 decimals. The court found that the survey process, though delayed and complicated by the refusal of several surveyors, ultimately complied with the agreed terms of reference and was conducted under court direction. The court exercised its discretionary and inhe…
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Registered Trustees of Kampala Kindergarten Association v Labarnum Courts Limited and 3 Others (Civil Suit No. 36 of 2008) [2023] UGHCLD 15 (27 January 2023)
The court found that the Plaintiff established a cause of action by showing ownership and possession of Plot 12 Kyaggwe Road and that the Defendants' actions adversely affected its rights through encroachment and construction of illegal structures. The court relied on the joint surveyor's report, which was adopted as conclusive evidence under section 26(2) of the Judicature Act, confirming that the 1st Defendant's land encroached on the Plaintiff's land by approximately 16 decimals. The court rejected the Defendants' procedural objections, noting that the surveyor was appointed by consent and…
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Naggayi v Lwanga (Civil Appeal No. 30 of 2019) [2021] UGHCCD 200 (22 October 2021)
The appeal partially succeeded on the ground that the trial Magistrate erred by allowing the Respondent to proceed on a counterclaim introduced in an amendment to the written statement of defence without leave of court. However, the evidence, including sale agreements, survey reports, and mediation proceedings, established that the Respondent is the rightful owner of the suit kibanja. The Appellant's claim failed due to lack of sufficient proof of ownership and inconsistencies regarding boundaries and landlord identity. The award of general damages to the Respondent was set aside, but the Res…
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Chelimo v Chemayi (Revision Cause No. 4 of 2020) [2021] UGHCCD 184 (12 October 2021)
The High Court held that the trial Magistrate did not act outside his jurisdiction or with material irregularity by using a GPS to determine the acreage of the suit land during the locus visit. The court found that GPS is a modern and acceptable tool for land measurement, and there was no evidence that the Magistrate lacked competence to use it. The official survey report on record, commissioned by the court, implemented the judgment and demarcated the decreed 73.2 acres. The applicant's grievance regarding the acreage and the use of GPS does not fall within the scope of revision under Sectio…
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Zziwa and 3 Others v Ssembatya and Another (Civil Miscellaneous Application No. 142 of 2019) [2021] UGHCLD 138 (29 September 2021)
The court found that the applicants' request to amend their defence and counterclaim was based on new information obtained from a survey, which clarified the correct plot number in dispute. Although the amendment introduces new facts and potentially new claims, it was sought before the trial commenced and does not amount to a mala fide application. The court emphasized that any prejudice to the respondents can be compensated by an award of costs and that allowing the amendment would avoid multiplicity of proceedings and ensure all matters in controversy are resolved. The application was there…
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