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Uganda decisions
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Herman Ssemakula and Others v Lubega Twaha Yiga and Others (Miscellaneous Application 1220 of 2021) [2025] UGHCLD 73 (26 May 2025)
The High Court declined to reinstate an earlier application because the underlying civil suit had already abated, making the request procedurally incompetent.
Omvia & Another v Attorney General (Constitutional Petition 35 of 2019) [2025] UGCA 95 (1 April 2025)
The Constitutional Court dismissed a petition challenging Land Act provisions and regulations on tenancy by occupancy, holding the claims were not sufficiently proved.
Kiggundu v Kamoga and Another (MISC. CAUSE NO. 0118 OF 2024) [2025] UGHC 168 (22 January 2025)
The court found that the 1st Respondent failed to demonstrate a caveatable interest in the suit land at the time of lodging the caveat. The only evidence presented was a deed of donation from 1983, with no substantiation of tenancy by occupancy or proof of adverse interest. The Respondent did not provide evidence of destruction of crops or compensation, nor did he establish a proprietary or quasi-proprietary claim. The court held that limitation issues could not be determined in this application, as they pertain to suits for recovery of land, not caveat applications. The preliminary objection…
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Kanyesigye v Namulondo (Civil Suit 2089 of 2016) [2023] UGHCLD 232 (4 August 2023)
The High Court held that the plaintiff had an equitable interest in the land, while the defendant’s Kibanja purchase was invalid for lack of consent from registered owners.
Namata and 3 others v Damulira and Another (Civil Appeal 16 of 2018) [2023] UGHCLD 137 (25 May 2023)
The High Court dismissed a land appeal, holding that a transfer of registered title did not extinguish the respondents’ kibanja interest under section 35(8) of the Land Act.
Irumba Kaija and Another v Richard Tooro (Civil Appeal No. 199 of 2016) [2021] UGCA 58 (23 August 2021)
The Court of Appeal allowed a second appeal over disputed land at Rwengoma, found the appellants had protected interests in the land, and restored the trial court judgment.
Mbogo v Namwandu Nyanzi (Civil Suit No. 390 of 2007) [2021] UGHCLD 172 (15 April 2021)
The High Court dismissed Mbogo’s land claim, holding that his transaction over the kibanja lacked the registered owner’s consent and passed no valid interest.
Karamira v Kiggundu (Civil Appeal No. 93 of 2018) [2021] UGHCLD 5 (22 January 2021)
High Court land appeal dismissed: the respondent was found to be a bonafide occupant, and the appellant failed to prove trespass or encroachment.
Semambo and 4 Others v Kawamara Mishambi (CIWL APPEAL NO. 34 OF 2011) [2019] UGCA 2116 (19 July 2019)
The Court of Appeal held that the appellants' plaint disclosed a cause of action as it pleaded facts showing their status as lawful occupants and alleged fraudulent acquisition of title by the respondent's predecessor. The trial judge erred by considering extraneous matters and not confining himself to the plaint and its annextures. The suit was not time-barred because the claim was for protection of occupancy rights, not recovery of land, and the relevant law (the Constitution and Land Act) does not prescribe a limitation period for such claims. The trial judge further erred by upholding pre…
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Semambo & 4 Ors Vs Kawamara Mishambi (Civil Appeal No. 34 of 2011) [2019] UGCA 205 (19 July 2019)
The Court of Appeal found that the High Court erred in dismissing the suit on a preliminary objection without hearing evidence, and in holding that the suit was time-barred under the Limitation Act. The appellants' plaint disclosed a cause of action for protection of rights as lawful occupants and alleged fraud in the acquisition of the lease and certificate of title. The rights of tenants by occupancy are protected by the Constitution and the Land Act, which do not prescribe a limitation period for suits seeking protection of such rights. The trial Judge's reliance on limitation provisions a…
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