Uganda Case Law

Mugabi v China Road Corporation Limited

Mugabi v China Road Corporation Limited (Civil Appeal No. 7 of 2017) [2022] UGCA 208 (12 July 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 7 of 2017

Judge

Monica K. Mugenyi, JA, Madrama, JA, Mulyagonja, JA

The Court of Appeal held that the suit was not wholly res judicata. While the issue of the validity of the registered lease was conclusively determined in HCCS No. 84 of 2013 and is res judicata, the claims for execution of a proper lease, recovery of premium and ground rent, and related equitable reliefs were not adjudicated in the prior suit and thus were not barred. The court found that the parties had entered into a valid contract for a lease, evidenced by payment of premium and ground rent and delivery of possession, even though the registered lease was declared void for non-compliance w…

Source excerpt

• Res Judicata
• Specific Performance
• Equitable Interest
• Void Contracts
• Registration Of Titles
• Lease Agreements

Jalia Namuzige v Attorney General

Jalia Namuzige v Attorney General (Civil Suit No. 67 of 2013) [2022] UGHC 7 (18 February 2022)

Court

High Court of Uganda

Case number

Civil Suit No. 67 of 2013

Judge

Rwakakooko, J

The court found that the Plaintiff, being 15 years old at the time of the land sale agreement, lacked legal capacity to contract under Ugandan law and common law principles. The contract was therefore void ab initio. Additionally, the Defendant's agents were aware of the Plaintiff's minority status, and the sale was further tainted by procedural irregularities, including failure to communicate revocation of a prior offer to another party and lack of due diligence by the Plaintiff. As a result, there was no valid contract to breach, and the Plaintiff was not entitled to the substantive remedie…

Source excerpt

• Capacity To Contract
• Contracts By Minors
• Land Sale Agreements
• Void Contracts
• Due Diligence In Land Transactions

Semuddu v Buliamu Matovu

Semuddu v Buliamu Matovu (Civil Suit No. 2641 of 2016) [2021] UGHCLD 160 (5 November 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 2641 of 2016

Judge

Kakooza, J

The court held a land sale agreement void because the seller was not the registered proprietor, denied specific performance, and ordered a refund, damages, and costs.

• Void Contracts
• Specific Performance
• Recovery Of Purchase Price
• General Damages
• Costs Award
• Void-contracts

Mukasa Kyagaba v Patel

Mukasa Kyagaba v Patel (Civil Appeal Number 13 of 2006) [2015] UGCA 2025 (1 January 2015)

Court

Court of Appeal of Uganda

Case number

Civil Appeal Number 13 of 2006

Judge

Nshimye, JA, Aweri-Opio, JA, Kiryabwire, JA

The Court of Appeal held that land sale and transfer transactions were void for lack of mandatory ministerial consent and ordered cancellation of the transfers.

• Ministerial Consent
• Void Contracts
• Registration Of Titles
• Fraud In Land Transfer
• Succession And Administration
• Forgery Of Documents

Nyabayango v Kabasinguzi & Anor (High Court Civil Suit No. 121 of 2012)

Nyabayango v Kabasinguzi & Anor (High Court Civil Suit No. 121 of 2012) [2014] UGHCFD 37 (1 July 2014)

Court

HC: Family Division (Uganda)

Case number

High Court Civil Suit No. 121 of 2012

Judge

Tuhaise, J

The High Court overruled a preliminary objection, holding it could apply constitutional provisions, the plaint disclosed a cause of action, and the settlement clause did not bar suit.

• Restitution Of Conjugal Rights
• Seduction Of Spouse
• Cause Of Action
• Jurisdiction Of High Court
• Void Contracts
• Constitutional Rights In Marriage

Baali and Another v Batwahsaff (C.C. No. 21 / 1936 (Mombasa))

Baali and Another v Batwahsaff (C.C. No. 21 / 1936 (Mombasa)) [1936] EACA 146 (1 January 1936)

Court

East African Court of Appeal

Case number

C.C. No. 21 / 1936 (Mombasa)

Judge

Lucie-Smith, J. (Kenya)

Unlicensed stock traders could not recover unpaid sums under the original contracts or an account stated, because the statutory licensing requirement made the transactions unenforceable.

• Unlicensed Trading
• Void Contracts
• Account Stated
• Statutory Prohibition
• Unlicensed-trading
• Void-contracts