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Citation
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Judgment date
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| December 2023 |
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22 December 2023 |
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Government delay and COVID‑19 restrictions did not constitute sufficient cause to set aside the ex parte judgment.
Civil procedure – setting aside ex parte decree – Order 9 r.27 – Government Proceedings (Civil Procedure) r.6 – service of summons – sufficient cause – COVID‑19 restrictions and police investigations not constituting sufficient cause – abuse of process.
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22 December 2023 |
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Appellate court upheld respondent’s ownership, found purchasers had notice, and dismissed the appeal with costs.
* Land law – ownership dispute – proof by oral/secondary evidence when original sale agreement is lost; credibility of witnesses. * Bona fide purchaser for value without notice – elements and effect of actual or constructive notice. * Appellate review – scope in re-evaluating witness credibility. * Damages – appellate reluctance to interfere absent wrong principle or manifestly erroneous award.
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22 December 2023 |
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The applicant’s appeal was struck out for being filed out of time despite the deponent’s capacity to swear the affidavit.
Civil procedure – Appeals from registrar – statutory time limits under section 79(1)(b) – appeal struck out for being filed out of time; Corporate affidavits – deponent capacity – Accounts Relationship Supervisor held to have sufficient authority; Article 126(2)(e) Constitution – not a license to evade procedural timelines; Setting aside dismissal orders – merits rendered moot where appeal incompetent.
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22 December 2023 |
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Court refused leave to amend counterclaim because application failed to meet Order 6 r.19 amendment principles.
Civil procedure – Amendment of pleadings – Order 6 r.19 CPR – Leave to amend to be granted only if amendment is bona fide, necessary to raise real issues, does not unjustly prejudice the other party, avoids multiplicity and does not introduce a distinct new cause of action; application to add fraud allegations and general damages refused for failure to meet these principles; procedural objection as to time/service considered but dismissal based on merits.
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22 December 2023 |
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Amendment of a counterclaim refused for failing to satisfy Order 6 rule 19 principles and avoiding prejudice.
Civil Procedure – Amendment of pleadings – Order 6 r 19 CPR – Leave to amend to be granted only where amendment is bona fide, avoids injustice and multiplicity, does not substantially change cause of action, and is not mala fide; time‑bar and prejudice arguments in opposing amendments.
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22 December 2023 |
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An interim stay of execution pending review was granted to protect occupants from imminent eviction under a consent judgment.
Land law — Consent judgment — Representative suit — Review and setting aside of consent orders — Interim stay of execution — High Court inherent powers (s.98 Civil Procedure Act) — Preservation of status quo to prevent rendering substantive application nugatory.
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22 December 2023 |
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The appeal succeeded because the respondent's claim for recovery of land was time-barred and the trial magistrate erred.
• Limitation Act (Sections 5 & 11) – accrual of action to recover land – distinction between recovery of land and continuous trespass.
• Possession and adverse possession – proof of actual possession and intention to exclude others; effect of shifting/vacation on title disputes.
• Appellate review – re-appraisal of factual findings and credibility where trial findings overlook material features.
• Allegation of judicial bias – requires proof; omission to reference every piece of evidence is not necessarily bias.
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22 December 2023 |
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Appellants failed to prove title; customary occupation and lack of purchaser due diligence sustained ownership and dismissal of appeal.
* Land law – customary tenure – ownership determined by long-term occupation and conduct (lease/freehold applications).
* Evidence – burden of proof and evaluation on a balance of probabilities in unregistered land disputes.
* Purchaser’s duty – due diligence required for purchases of unregistered land; bona fide purchaser protection limited to registered interests.
* Appellate review – first appellate court must re-evaluate evidence though may give due weight to trial findings.
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22 December 2023 |
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Purchaser held in contempt only for breaching consent judgment’s rental and maintenance terms, not for ownership or title.
Contempt of court – consent judgment – existence and survival of consent order after death – requirement of knowledge and non‑compliance – scope of consent judgment confined to rental income and maintenance, not ownership or title – service of process and computation of time (24 December–15 January exclusion) – remedies: fine, compensation, default imprisonment, costs.
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22 December 2023 |
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Failure to plead fraud/connivance prevents a new cause of action; bringing buyers is not trespass; counsel’s drafting binds client.
* Civil procedure – Pleadings – parties bound by their pleadings; O.6 r 7 CPR prohibits raising new grounds without amendment. * Property law – Trespass – unauthorized entry required; bringing buyers/connivance does not automatically constitute trespass. * Costs – Client bound by counsel’s pleadings; remedy for negligent drafting is professional negligence action.
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22 December 2023 |
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Adverse possession can defeat a registered title where the purchaser failed physical due diligence and the possessor occupied for 12 years.
Appeal procedure — service of memorandum of appeal — service mandatory but court may hear where respondent aware and not prejudiced; Land law — purchaser's duty of due diligence requires registry search plus physical inspection and survey; Adverse possession — Limitation Act 12-year prescription can extinguish registered title; Registration of Titles Act — indefeasibility subject to fraud and loss by adverse possession.
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22 December 2023 |
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21 December 2023 |
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21 December 2023 |
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20 December 2023 |
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20 December 2023 |
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20 December 2023 |
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20 December 2023 |
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20 December 2023 |
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20 December 2023 |
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Whether an alleged inter vivos gift defeats an earlier assignment and long occupation, given conflicting documentary evidence.
Land law – inter vivos gift – requirement of delivery and proof; Documentary evidence – admissibility and effect of deed of assignment; Possession and inheritance – land forming part of deceased's estate; Locus standi – beneficiary status required to challenge estate distribution; Appellate review – re‑appraisal of evidence, credibility and miscarriage of justice.
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20 December 2023 |
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20 December 2023 |
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20 December 2023 |
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20 December 2023 |
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Court excluded evidence on unpleaded Mirarikye, upheld respondent’s title to Kafuro, and reduced damages to UGX 5,000,000.
* Civil procedure – pleadings – departure from pleadings – evidence on unpleaded land is inadmissible unless properly amended. * Evidence – proof of documents – executant’s signature and authenticity must be proved under the Evidence Act before a document can establish title. * Land law – unregistered land – burden and standard of proof for root of title and ownership on balance of probabilities. * Possession – occupancy/development alone does not automatically establish ownership. * Damages – appellate interference permissible where quantum is excessive.
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19 December 2023 |
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Whether disputed land formed part of the deceased’s estate or had been redeemed by the appellant; appeal allowed.
Succession law – administration of estates – whether disputed land formed part of deceased’s estate or was redeemed; admission of additional evidence on appeal; burden of proof in civil matters; revocation and reinstatement of letters of administration; equitable distribution among beneficiaries.
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19 December 2023 |
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19 December 2023 |
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Respondents found in continued contempt for obtaining land titles over land they were ordered to vacate; must comply or face committal proceedings.
* Civil contempt – continued contempt – elements: existence of lawful order, knowledge, wilful non‑compliance – repeated/sustained acts required.
* Enforcement – contempt court enforces compliance and may not revisit correctness of original order.
* Parties in contempt – barred from being heard in subsequent related applications until they purge the contempt.
* Land registration – processing and obtaining certificates of title over land subject to prior eviction orders may constitute continued contempt.
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19 December 2023 |
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Transfers effected after lease expiry and through fraud are void; suit dismissed as applicant lacked subsisting title.
• Limitation — discovery of fraud delays commencement of limitation period under Section 25 of the Limitation Act.
• Land law — effect of expiration of a lease by effluxion of time; reversion to lessor (Uganda Land Commission).
• Registration of titles — transfers procured by fraud or without proper authorization vitiate title; registrar’s actions without proper instructions are irregular.
• Bona fide purchaser — purchaser aware of forgeries cannot claim protection.
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19 December 2023 |
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19 December 2023 |
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18 December 2023 |
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18 December 2023 |
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18 December 2023 |
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18 December 2023 |
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A beneficiary caveat protects alleged equitable interests and remains until competing estate disputes are resolved; removal refused.
Land law – beneficiary caveat – Registration of Titles Act (ss.139, 140, 142, 144); protectable equitable interest; caveat maintenance pending resolution of estate disputes; removal of caveat requires resolution of triable issues; costs awarded to successful caveators.
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14 December 2023 |
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Appellant failed to prove payments, fraud or matrimonial/family interest; sale agreement and respondent’s ownership upheld; appeal dismissed.
Land law – ownership dispute – adequacy of evidence; Fraud – pleading and standard of proof; Resulting trust – proof of purchase money; Matrimonial/family land – scope and proof; Locus in quo – procedure and effect on judgment.
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13 December 2023 |
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12 December 2023 |
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12 December 2023 |
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Applicants failed to prove fraud, possession or procedural defects; registered transfers held lawful and suit dismissed with costs.
* Land law – lease expiry and reallocation – failure to fulfil development covenant causes reversion to controlling authority; subsequent lawful allocation and registration not set aside absent proven fraud.
* Title/registration – protection of registered proprietary rights except in case of fraud; fraud must be pleaded with particulars and proved to a high civil standard.
* Service and limitation – failure to effect service of amended pleadings may lead to dismissal (Order 5 r.1(3)); claims based on registered title are subject to limitation and limitation exceptions must be pleaded.
* Trespass – requires proof of actual possession; possession not established where lease expired and land reverted.
* Pleadings – court will not entertain trial by surprise; matters not pleaded cannot be raised at submissions.
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9 December 2023 |
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Appeal dismissed for grounds being argumentative and narrative, in breach of Order 43 r.1(2) CPR.
Civil procedure – appeals – Order 43 r.1(2) CPR – grounds of appeal must be concise and non-argumentative; argumentative/narrative grounds struck out; appellate discretion under Article 126(2)(e)/Section 33 Judicature Act not exercised to cure procedural defects; appeal dismissed and trial judgment affirmed.
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8 December 2023 |
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An ex parte judgment was set aside where the court file showed unclear or inadequate proof of service, warranting fresh interparty hearing.
Civil procedure – Ex parte judgment – Setting aside under Order 9 r.27 CPR – Sufficiency of cause where summons not duly served – Importance of clear proof of service and consequences of procedural irregularities – Court’s inherent power to prevent abuse of process.
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8 December 2023 |
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Applicant’s affidavit defective, transfer void without lessor’s consent; lawful re-entry for rent arrears and application dismissed.
Land law – leasehold – relief from forfeiture – requirements for relief; procedural law – affidavit formalities and commissioning; Registration of Titles Act – re-entry for rent arrears; transfer of lease – necessity of lessor’s consent; reallocation and third‑party rights.
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8 December 2023 |
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8 December 2023 |
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Failure to file a Summons for Directions does not automatically abate a suit where court directions and case progression have satisfied the rule's purpose.
Civil Procedure – Order XIA Rules 2 & 6 – Summons for Directions – Abatement – purposive and case-by-case application; prior court directions and subsequent case progression can cure non-compliance.
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7 December 2023 |
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5 December 2023 |
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4 December 2023 |
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4 December 2023 |
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A juvenile charged with aggravated defilement may be granted bail where release poses no serious danger and parents provide substantial sureties.
Children Act s.90 and Constitution (Bail Guidelines) – juvenile bail – presumption of innocence – social inquiry report – parental sureties – non-cash recognizance – reporting conditions.
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1 December 2023 |
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1 December 2023 |
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1 December 2023 |