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Citation
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Judgment date
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| December 2017 |
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Fraudulent conduct in property transactions bars claims for compensation under the 'ex turpi causa' principle.
Property law – Breach of contract – Fraudulent sale of property – 'Ex turpi causa non oritur actio' applied to dismiss claim.
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21 December 2017 |
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Appellants’ customary and purchase claims failed; respondent’s District Land Board allocation and freehold upheld; appeal dismissed.
Land law – urban/public land – allocation by District Land Board; customary tenure claims in urban areas; bona fide purchaser for value – due diligence and notice; appellate re-appreciation of evidence; reliance on inspection report and locus visit.
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7 December 2017 |
| October 2017 |
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Appellant failed to prove exclusive ownership; land held in trust for absent brothers and appeal dismissed with costs.
Land law – ownership dispute – evidence of familial custodianship and power of attorney – family land definition (s.38A(4) Land Act) – limitation and adverse possession – appellate re-evaluation of facts.
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14 October 2017 |
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An application supported by an unauthorized affidavit is incompetent and must be dismissed with costs.
Civil Procedure – Affidavit – competency – authority to depose affidavit – corporate applicant – recognized agent – power of attorney – dismissal for want of prosecution.
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2 October 2017 |
| September 2017 |
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Appeal dismissed: alleged oral gift unproven; long possession found to be caretaking, not ownership or lawful occupant.
Land law – ownership disputes – oral inter vivos gift – evidentiary burden and credibility on first appeal; possession vs caretaking; lawful occupant under Land Act s.29 and applicability to unregistered land; assessment of material contradictions in evidence.
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14 September 2017 |
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Whether the borrower repaid the loan and whether the bank lawfully sold the pledged land, considering penalties and redemption rights.
Land law – loan repayment and enforcement; loan account v savings account statements; calculation of outstanding including penalties and recovery costs; equity of redemption and contractual sale-on-default clause; allegation of sale of wrong security; first appeal review.
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14 September 2017 |
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Title obtained through fraudulent misrepresentation and irregular surveying was rightly nullified; appeal dismissed with costs.
Land law – Registered title – Setting aside registration – Fraud by transferee versus mere procedural irregularity; Survey irregularities and creation of plots outside survey instructions; Authority to allocate land – role of General Purpose Committee and Town Clerk; Relief – cancellation of allocation, injunctions and costs.
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14 September 2017 |
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Appellate court affirmed respondent's ownership of land, dismissing appellants' challenge and awarding costs.
Land law – ownership and title – proof of ownership by sale agreement and credible witness testimony; Evidence – appellate re-evaluation of trial evidence; Admissibility – reliance on extraneous documents; Civil procedure – first appellate duty to rehear and re-assess evidence; Unrepresented litigants – allowance in assessment of evidence.
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14 September 2017 |
| July 2017 |
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Court finds fraudulent land transfer and orders defendants to compensate the plaintiff and cancel the fraudulent registration.
Land Law – Fraudulent transfer of title – Money lending vs. sale – Bona fide purchaser – Trespass
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14 July 2017 |
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Application dismissed as res judicata where the matters had already been decided and partially executed in an earlier suit.
Civil procedure – res judicata – abuse of court process – effect of filing a fresh application on matters already adjudicated – execution of court judgments.
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11 July 2017 |
| June 2017 |
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29 June 2017 |
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Respondent proved ownership; locus in quo procedure flawed; appellants' ancestor was a licensee; damages reduced to UGX 1,000,000.
Land law – ownership dispute – burden of proof under Evidence Act s.110 – assessment of oral testimony; locus in quo – procedural requirements and proper record-keeping; licensee vs proprietor – no proprietary interest passes; award of general damages – reduction for lack of evidential basis.
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14 June 2017 |
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The LC.III Court's decision was void due to jurisdictional overreach; retrial ordered in a competent court.
Civil Procedure - Jurisdiction - Revision of local council court decisions - Legality of decisions made without jurisdiction
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2 June 2017 |
| May 2017 |
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Court affirmed enforceability of land sale contract involving estate property, requiring full transfer or compensation.
Land sale contract validity – Administrator powers – Beneficiary's capacity to sell estate property – Remedies from breach of sales contract.
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29 May 2017 |
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Court dismisses res judicata suit over government property allocation, enforcing policy guidelines favoring civil servant tenants.
Civil Procedure – Res Judicata – Property Allocation by Government – Lawful Occupant Tenancy Rights
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4 May 2017 |
| April 2017 |
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Court finds title transfer to first defendant fraudulent, awards damages, and upholds third defendant's title as bonafide purchaser.
Property law – fraudulent title transfer – estate administration – bonafide purchaser without notice – understatements in property valuation.
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25 April 2017 |
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Court rules unlawful seizure of vehicle and arrest without reasonable grounds.
Customs law - seizure of goods - lawful arrest - burden of proof in civil cases.
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25 April 2017 |
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The appeal to stop kibanja construction was dismissed, affirming tenants' occupancy rights over milo titleholders.
Land Law - tenancy by occupancy - rights of lawful occupant vis-à-vis milo titleholder - construction on kibanja without landlord consent.
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4 April 2017 |
| March 2017 |
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A sale of undivided shares by tenants in common cannot be perfected without partition and formal consent of all co-owners.
Land law – tenancy in common – sale of undivided shares – requirement for partition and consent of all co-owners – illegality of transferring a deceased's share without letters of administration – vesting order prerequisites.
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23 March 2017 |
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Appellant's appeal succeeds on issues of procedural cost imposition and denial of hearing during consolidation.
Civil Procedure – Consolidation of applications – Procedural errors in judgment – Award of costs without justification.
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23 March 2017 |
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High Court reversed Chief Magistrate's decision, upholding the appellant's ownership of the disputed land.
Land Law – Trespass – Appeal – Evaluation of evidence – Allegations of bias and procedural error in judicial determinations.
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6 March 2017 |
| February 2017 |
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Guardianship application dismissed for failure to meet mandatory residence, clearance and probation/specialist recommendation requirements.
Children — Guardianship — Welfare of the child paramount; Guardianship requirements under Children (Amendment) Act 2016 ss.43A, 43F — continuous residence, criminal record clearance, and probation/social welfare recommendation mandatory; foreign‑based applicant’s financial support insufficient; application dismissed.
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28 February 2017 |
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Nikah recognised as valid; civil marriage converted status; divorce granted for desertion with property share, alimony, and costs awarded.
• Family law – validity of Islamic Nikah versus civil marriage – recognition and effect of subsequent civil solemnisation
• Divorce – grounds: adultery not proved; desertion (including constructive desertion) established
• Matrimonial property – categorisation; requirement to prove direct or quantifiable indirect financial contribution; short marriage considerations
• Reliefs – in specie property award, valuation process, lump-sum rehabilitative alimony, costs
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17 February 2017 |