Uganda Case Law

Laban Kurama v Zion Construction Limited

Laban Kurama v Zion Construction Limited (Civil Suit 2383 of 2016) [2025] UGHCLD 136 (28 April 2025)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 2383 of 2016

Judge

Nabakooza, J

The court found that the Defendant misrepresented to the Plaintiff that the suit land was free from encumbrances when, in fact, the previous owner's (DW2) equitable interest had not been extinguished at the time of sale. This misrepresentation rendered the contract voidable at the Plaintiff's option, and upon the Plaintiff's avoidance, the contract became void. The Defendant's failure to fully compensate the previous owner before selling the land to the Plaintiff resulted in the Plaintiff's house being demolished by parties with a subsisting interest. The Plaintiff was entitled to a refund of…

Source excerpt

• Land Sale Agreements
• Misrepresentation
• Compensation For Demolition
• Voidable Contracts

Sentongo v Kittengo

Sentongo v Kittengo (Civil Suit 423 of 2016) [2025] UGHCLD 43 (13 March 2025)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 423 of 2016

Judge

Nabakooza, J

The court found a valid land sale agreement but held the plaintiff breached it by failing to prove full payment. The suit was dismissed, but a refund of 1,200,000/- with interest was ordered.

• Sale Of Land
• Breach Of Contract
• Specific Performance
• Voidable Contracts
• Land-sale-agreement
• Breach-of-contract

Opito T/A Salem Appraisal v NIKO Insurance Uganda Limited

Opito T/A Salem Appraisal v NIKO Insurance Uganda Limited (Civil Appeal 93 of 2017) [2024] UGHCCD 33 (19 February 2024)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal 93 of 2017

Judge

Boniface Wamala, J

The court found that the preliminary objection raised by the appellant required the court to go beyond the pleadings and ascertain facts regarding whether the insurance contract had been legally avoided. The mere default in premium payment did not, by itself, constitute avoidance of the contract under Section 34 of the Insurance Act. Determining whether the contract was voidable or had been avoided required evidential proof, which could not be resolved at the preliminary objection stage. The trial magistrate correctly held that the plaint disclosed a cause of action and that the issues raised…

Source excerpt

• Preliminary Objection
• Cause Of Action
• Insurance Contracts
• Voidable Contracts

Lumwama v Kitereera & Ors

Lumwama v Kitereera & Ors (Civil Suit No. 628 of 2003) [2014] UGHCLD 19 (16 April 2014)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 628 of 2003

Judge

Anna B. Mugenyi, J

The High Court found the first defendant had no title to sell 10 acres already sold to the second defendant, but ordered restitution and damages against him for misrepresentation.

• Title Transfer
• Voidable Contracts
• Restitution
• Judgment On Admission
• Land-title-transfer
• Judgment-on-admission

Somali Democratic Republic v Anoop Sunderial Treon

Somali Democratic Republic v Anoop Sunderial Treon (Civil Appeal 4 of 1988) [1989] UGSC 12 (23 August 1989)

Court

Supreme Court of Uganda

Case number

Civil Appeal 4 of 1988

Judge

Wambuzi, CJ, Manyindo, DCJ, Odoki, JSC

The Supreme Court held that the property sale was voidable for duress, but mesne profits and general damages were not recoverable because the contract remained valid until set aside.

• Voidable Contracts
• Duress In Property Transactions
• Registration Of Titles
• Mesne Profits
• Specific Performance
• Trespass To Land