Uganda Case Law

National Water & Sewarage Vs The Commissioner Land Registration (Misc. Application No. 039 of 2012)

National Water & Sewarage Vs The Commissioner Land Registration (Misc. Application No. 039 of 2012) [2015] UGHCCD 131 (21 May 2015)

Court

HC: Civil Division (Uganda)

Case number

Misc. Application No. 039 of 2012

Judge

Namundi, J

The High Court refused a vesting order over land where the applicant lacked proof of sale, the registered proprietor could be traced, and legal remedies had not been exhausted.

• Vesting Order
• Registered Land Title
• Transfer Of Property
• Long Occupation
• Unavailability Of Vendor
• Vesting-order

Byamukama & Anor Vs Rwomwiju

Byamukama & Anor Vs Rwomwiju (CIVIL SUIT No. 514 OF 2001) [2001] UGHCCD 2 (5 November 2001)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT No. 514 OF 2001

Judge

Musoke-Kibuuka, J

The High Court held that one executor could validly sell estate property under section 274 of the Succession Act and ordered registration of the buyer as proprietor.

• Transfer Of Property
• Succession And Estates
• Specific Performance
• Innocent Purchaser
• Executor Powers
• Executor-powers

Byamukama & anoer v Rwomiju

Byamukama & anoer v Rwomiju (Civil Suit No. 514 of 2001) [2001] UGHC 93 (5 November 2001)

Court

High Court of Uganda

Case number

Civil Suit No. 514 of 2001

The High Court upheld a sale of estate property by one executor and ordered registration of the purchaser, holding the co-executrix could not block the transfer.

• Succession Of Estates
• Transfer Of Property
• Executor Powers
• Specific Performance
• Succession-of-estates
• Executor-powers

Katende Salongo v Kikomeko and Another

Katende Salongo v Kikomeko and Another (CIVIL APPEAL NO. 78 OF 1998) [2000] UGHC 53 (14 July 2000)

Court

High Court of Uganda

Case number

CIVIL APPEAL NO. 78 OF 1998

Judges

Katutsi, j

The High Court found that the trial magistrate misdirected herself in denying the plaintiff vacant possession and in awarding special damages not pleaded or proved. The evidence established that the plaintiff/appellant had purchased the suit land from Norah Twemanye, with corroborating witnesses, and was registered as proprietor. The purported cancellation of his title was not supported by a direct High Court order, and the respondents failed to prove any legal interest in the land. The first respondent's claim of purchase was unsupported by a registered instrument or credible evidence, and t…

Source excerpt

• Land Title Registration
• Eviction Orders
• Trespass To Land
• Transfer Of Property
• Special And General Damages

William and Another v Walmsley

William and Another v Walmsley (Civil Suit No. 522 of 1955) [1956] EACA 34 (1 January 1956)

Court

East African Court of Appeal

Case number

Civil Suit No. 522 of 1955

Judge

Forbes J

The first plaintiff, as original lessor, exercised her right to forfeit the lease for non-payment of rent by commencing proceedings and serving summons on the defendant. This act terminated the tenancy before the transfer of ownership. Although the first plaintiff was not entitled to possession after disposing of her interest, her right to possession passed to the second plaintiff upon transfer. The second plaintiff, as transferee, was entitled to recover possession, but not to arrears of rent or to enforce forfeiture for breaches occurring before transfer. The court further held that relief…

Source excerpt

• Lease Forfeiture
• Transfer Of Property
• Landlord Tenant Disputes
• Mesne Profits

Williamson and Another v Walmsley

Williamson and Another v Walmsley (Civil Suit No. 522 of 1955.) [1955] EACA 281 (1 January 1955)

Court

East African Court of Appeal

Case number

Civil Suit No. 522 of 1955.

Judge

Forbes J

The court held that the first plaintiff, as original lessor, had the right to forfeit the lease for non-payment of rent by commencing proceedings and serving summons on the defendant, thereby terminating the tenancy before the transfer of the property. Although the first plaintiff could not obtain an order for possession after disposing of her interest, her right to possession passed to the second plaintiff upon transfer. The transferee, however, could not forfeit the lease for arrears of rent due before transfer, but since the forfeiture and right to possession had already accrued to the fir…

Source excerpt

• Landlord Tenant Disputes
• Forfeiture Of Lease
• Transfer Of Property
• Arrears Of Rent
• Relief Against Forfeiture

Abubaker and Another v City Council Nairobi

Abubaker and Another v City Council Nairobi (Civil Appeal No. 52 of 1951) [1952] EACA 52 (1 January 1952)

Court

East African Court of Appeal

Case number

Civil Appeal No. 52 of 1951

Judge

De Lestang J, Nihill P, Worley VP

The East African Court of Appeal held that municipal rating restrictions did not bar a vesting order and allowed the purchaser’s appeal.

• Vesting Orders
• Mortgage Suits
• Municipal Rates
• Transfer Of Property
• Court Discretion
• Vesting-orders

Estate Duty Commissioners v Merali and Another

Estate Duty Commissioners v Merali and Another (Civil Case No. 37 of 1939) [1940] EACA 28 (1 January 1940)

Court

East African Court of Appeal

Case number

Civil Case No. 37 of 1939

Judge

Sheridan CJ

The court held that the sums credited to the sons in the business books did not constitute perfected gifts exempt from estate duty under section 12(1)(b) of the Estate Duty (Consolidation) Ordinance, 1926. The entries were made at the direction of Merali Devji, who retained control over the property throughout, and there was no evidence of a transfer of property or declaration of trust. The sons, being minors at the time, did not assume bona fide possession and enjoyment of the property to the exclusion of the donor. The will further demonstrated that Merali Devji maintained control over the…

Source excerpt

• Estate Duty
• Gifts In Estate
• Transfer Of Property
• Declaration Of Trust

Desai v Jiwa (C.C. 251/1932.)

Desai v Jiwa (C.C. 251/1932.) [1932] EACA 37 (1 January 1932)

Court

East African Court of Appeal

Case number

C.C. 251/1932.

Judge

Gamble. Ag. J. (Kenya)

The court held that Order XXXIII, Rule 2(e) of the Civil Procedure Rules does not apply to suits for foreclosure and sale under a simple mortgage where the property is not transferred to the mortgagee and no landlord-tenant relationship is created. The English cases cited by the plaintiff are inapplicable because they concern mortgages involving transfer of possession and creation of landlord-tenant relationships. In the present case, the mortgage is a simple one, binding the mortgagor personally to pay without delivering possession or transferring ownership. Therefore, the application for su…

Source excerpt

• Summary Judgment
• Mortgage Suit
• Simple Mortgage
• Foreclosure
• Transfer Of Property
• Covenant To Pay

Jaseri and Another v Dinshaw and Others (Privy Council Appeal No. 10 of 1929)

Jaseri and Another v Dinshaw and Others (Privy Council Appeal No. 10 of 1929) [1929] EACA 2 (1 January 1929)

Court

East African Court of Appeal

Case number

Privy Council Appeal No. 10 of 1929

Judge

Sheridan CJ

The Privy Council held that a one-year written lease did not need registration, but a mortgagor’s lease could not bind mortgagees without their consent.

• Mortgage Rights
• Lease Registration
• Priority Of Leases
• Transfer Of Property
• Anomalous Mortgage
• Consent Of Mortgagee