Uganda Case Law

Katende v Kabugoand 4 Others

Katende v Kabugoand 4 Others (Civil Suit No. 364 of 2012) [2022] UGHCLD 22 (3 March 2022)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 364 of 2012

Judge

Nkonge, J

The court found that Hajji Twaha Bisase, as administrator with a valid grant at the time, had legal capacity to sell the suit property to the plaintiff. The sale was necessary to settle estate debts and was not challenged by the beneficiaries for nearly two decades, during which the plaintiff enjoyed quiet possession, developed the property, and was recognized by local authorities. The beneficiaries' failure to challenge the transaction, coupled with their acceptance of other distributions, amounted to acquiescence and proprietary estoppel, barring them from now contesting the sale. The court…

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• Succession Administration
• Sale Of Land
• Trustee Powers
• Beneficiary Rights
• Proprietary Estoppel
• General Damages

Waljee v Haji and Another

Waljee v Haji and Another (Civil Appeal No. 10 of 1942) [1943] EACA 2 (1 January 1943)

Court

East African Court of Appeal

Case number

Civil Appeal No. 10 of 1942

Judge

Hayden J, Whitley CJ, Wilson ACJ

The court held that there was sufficient evidence for the trial judge to find that the trust properties generated enough income to support the proposed charitable scheme. The will did not expressly prohibit the acceptance of grants from outside sources, and the testator's general charitable intention was to maximize the benefit to the community. The court found no basis to read an exclusivity requirement into the relevant clauses of the will. Therefore, the trustees were permitted to accept outside grants, provided they were not subject to conditions contrary to the will. The appellant truste…

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• Charitable Trusts
• Construction Of Wills
• Trustee Powers
• Maintenance Of Charitable Institutions

In Re: of Fazal Valji Virani trading as Virani Grocery Stores

In Re: of Fazal Valji Virani trading as Virani Grocery Stores (Cause No. 17/1930.) [1930] EACA 108 (1 January 1930)

Court

East African Court of Appeal

Case number

Cause No. 17/1930.

Judge

Dickinson, J

The court held that section 17 governs only the debtor’s public examination, while section 27 is for private inquiry into assets. It refused subpoenas for witnesses to attend the public examination.

• Bankruptcy Procedure
• Public Examination
• Private Examination
• Trustee Powers
• Bankruptcy-procedure
• Public-examination