Uganda Case Law

Kanzira v Natukunda Rwanchwende and Another

Kanzira v Natukunda Rwanchwende and Another (Civil Appeal 81 of 2020) [2023] UGCA 286 (2 November 2023)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 81 of 2020

Judge

Bamugemereire, JA, Kibeedi Mutangula, JA, Gashirabake, JA

The Court of Appeal found that while the 1st respondent held legal title as administrator, the 2nd respondent, as a beneficiary, had a defined and exclusive beneficial interest in a portion of the estate land, which he was entitled to sell. The court held that the 2nd respondent was not proven to be of unsound mind at the time of the transaction, and thus had capacity to contract. The 1st respondent, by his conduct and acquiescence, was estopped from denying the validity of the sale. The appellant acted in good faith and exercised reasonable diligence, relying on the apparent consent and esta…

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• Succession Of Estates
• Beneficial Interest
• Specific Performance
• Capacity To Contract
• Trusteeship
• Land Sale Disputes

Bwinomukama & Another v Uganda Wildlife Authority

Bwinomukama & Another v Uganda Wildlife Authority (Civil Application No. 13 of 2019) [2020] UGCA 2023 (24 February 2020)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 13 of 2019

Judge

Kibeedi, JA

The court found that the applicants had satisfied the formal conditions for grant of an interim order: a competent notice of appeal was filed within time, a substantive application for stay of execution was pending, and there was a serious threat of execution evidenced by letters requiring surrender of titles for cancellation. However, the applicants failed to demonstrate the nature of irreparable loss beyond eviction, which the court held does not automatically prejudice their right to pursue appeal. The court balanced the interests of both parties, noting the respondent's adjudicated owners…

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• Stay Of Execution
• Interim Orders
• Eviction
• Leasehold Titles
• Trusteeship
• Government Pool Houses

Kabogoza Vs Senkugu Wasswa

Kabogoza Vs Senkugu Wasswa (Miscellaneous Cause No. 103 of 2018) [2019] UGHCLD 30 (30 May 2019)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Cause No. 103 of 2018

Judge

Kawesa, J

The High Court declined to grant a vesting order over estate land, holding that section 166 of the Registration of Titles Act did not apply on these facts.

• Vesting Orders
• Administration Of Estates
• Trusteeship
• Succession Disputes
• Vesting-orders
• Administration-of-estates

Ssempebwa v Ssewagaba

Ssempebwa v Ssewagaba (Civil Appeal No. 137 of 2012) [2014] UGCommC 60 (22 May 2014)

Court

Commercial Court of Uganda

Case number

Civil Appeal No. 137 of 2012

The High Court dismissed an appeal in a land dispute, holding that the respondent was a bonafide occupant whose interest predated the appellant’s title.

• Bonafide Occupancy
• Trespass To Land
• Cause Of Action
• Trusteeship
• Land Registration
• Bonafide-occupancy

In Re: Application by the Wakf Commissioners for the Kenya Protectorats under Section 12 of the Wakf Commissioners Regulations, 1900 (C.C. 46/1926 (Mombasa Registry).)

In Re: Application by the Wakf Commissioners for the Kenya Protectorats under Section 12 of the Wakf Commissioners Regulations, 1900 (C.C. 46/1926 (Mombasa Registry).) [1927] EACA 47 (1 January 1927)

Court

East African Court of Appeal

Case number

C.C. 46/1926 (Mombasa Registry).

Judge

Pickering J

The court held it had no power under section 13 to recall its sanction, and that Wakf-vested property should be paid to heirs proved by reliable evidence.

• Wakf Property
• Trusteeship
• Unclaimed Property
• Limitation Of Actions
• Wakf-property
• Trusts