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Uganda decisions
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Mwebe & Another v Mutesasira & 3 Others (Civil Suit 54 of 2017) [2025] UGHC 34 (16 January 2025)
The High Court dismissed a land claim over 30 acres in Gomba, finding the plaintiffs failed to prove purchase or title, and upheld the defendants’ sale and occupation.
Rajnikant & Another v Kabushenga (Miscellaneous Application 2709 of 2024) [2024] UGHCLD 292 (9 December 2024)
The High Court granted leave to issue a third-party notice, finding the respondent’s alleged personal liability and involvement in the land transaction justified joinder.
Kaheeru v Kabazarwe (Civil Appeal 30 of 2024) [2024] UGHC 980 (18 October 2024)
The High Court found that the suit land did not constitute matrimonial property or family land as defined by Ugandan law. The evidence established that the appellant neither resided on nor contributed to the acquisition or development of the property, and there was no joint intention to treat it as a family home. The respondent lawfully acquired the suit land through a valid chain of title, with no evidence of fraud or illegality in the transactions. The trial magistrate properly evaluated the evidence and applied the correct legal principles, and the appellant failed to prove any of the grou…
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Ssenkaali George v Standard Chartered Bank (U) Limited & Anor (HC Civil Suit 387 of 2020) [2024] UGHCLD 44 (21 February 2024)
The court found that the only remaining claim against the Commissioner Land Registration was for an order to register the plaintiff as proprietor of the suit property. This claim had already been litigated and finally determined in Misc. Cause No. 106 of 2018, where the court declined to grant the order. The present suit, therefore, was barred by res judicata under section 7 of the Civil Procedure Act. The court emphasized that the plaintiff's remedy, if any, lay in appealing or seeking review of the previous decision, not in instituting a fresh suit on the same matter. The consent settlement…
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Mityana Diocese Development Trust & Another v Namugenyi (Originating Summons 13 of 2023) [2023] UGCommC 153 (11 December 2023)
The court found that the Plaintiffs had fulfilled all statutory requirements for enforcement of the mortgage, including proper service of notices and lawful sale and transfer of the property. The Defendant defaulted on her loan obligations, failed to respond to notices, and did not contest the sale or the transfer of title. The 1st Plaintiff is now the registered proprietor of the suit land, and the Defendant's continued occupation is unlawful. The court applied the relevant provisions of the Mortgage Act, Civil Procedure Rules, and Registration of Titles Act, confirming that the purchaser's…
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Ndawula v Tropical Bank Limited and Another (Misc Cause 332 of 2023) [2023] UGHCLD 397 (27 October 2023)
The application was dismissed because the applicant failed to comply with the mandatory procedural requirement under Section 167 of the Registration of Titles Act, which requires that an application for a vesting order must first be made to the Commissioner Land Registration. The court found no evidence that the applicant had exhausted this avenue before seeking relief from the High Court. The court emphasized that adherence to statutory procedure is essential to prevent redundancy of the Commissioner Land Registration's office and to manage case backlog. The affidavits in reply were not stru…
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Mugungu v Kabalegye and Another (Civil Appeal 13 of 2018) [2023] UGHCLD 263 (31 August 2023)
The appellate court found that the trial magistrate failed to properly evaluate the evidence regarding ownership and title to the suit land. The appellant demonstrated how he acquired the original 100 acres and earmarked 30 acres for his late son, while the respondents failed to show how the 2nd respondent obtained title to the suit land. The sale agreement relied upon by the 1st respondent was invalid as the 2nd respondent had no good title to pass. The court held that the trial magistrate erred in law and fact by disregarding the appellant's evidence and wrongly concluding that the responde…
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Namugera John vs Kinalwa Micheal (Civil Suit No. 271 of 2019) [2022] UGHCLD 218 (4 November 2022)
The High Court dismissed a land sale suit, holding the buyer was not entitled to vacant possession or specific performance because full payment had not been made and he acted in bad faith.
Luwemba and Others ( administrator of the late alozio Mukasa) v Commissioner Land Registration Masaka (Misc Cause No. 23 of 2020) [2021] UGHCLD 217 (5 August 2021)
The applicants have demonstrated that the late Alozio Mukasa purchased the suit land, paid the full purchase price, and took possession with the vendor's acquiescence. The vendor, Byekwaso Paulo Lubega, is deceased, and the transfer could not be effected. Although the applicants did not formally apply to the Commissioner Land Registration for a vesting order, the court exercised its inherent powers under Section 98 of the Civil Procedure Act, considering the applicants' unrepresented status and the referral of the matter by the lands office. All statutory conditions under Section 167 of the R…
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Kaija Karoli v Centenary Rural Bank & 3 Ors (CIVIL SUIT No. 29 OF 2011) [2020] UGHCCD 152 (7 July 2020)
The High Court upheld the bank’s mortgage sale of land transferred by the plaintiff to his son, dismissed the suit, and ordered the caveat removed.
