|
Citation
|
Judgment date
|
| December 2016 |
|
|
Ministerial directive and Registrar's cancellation of land title without statutory procedure unlawful; titles reinstated.
Administrative law – Judicial review – Illegality, procedural impropriety and irrationality; Land Act s.91 – mandatory notice, hearing and reasons for cancellation of title; Ministerial directive exceeding proper procedure; Registrar's cancellation in breach of natural justice and during subsisting proceedings; remedies: certiorari, mandamus, declaration; damages not awarded on motion for prerogative relief.
|
22 December 2016 |
|
The appeal was dismissed for want of prosecution after the parties repeatedly failed to pursue and attend the appeal.
Civil procedure – Appeal – Dismissal for want of prosecution; Order 9 Rule 17 Civil Procedure Rules; failure to appear and prosecute appeal; appellate re-appreciation of evidence; abuse of court process.
|
20 December 2016 |
|
Sale by a person without title cannot pass ownership; third-party local council official wrongly sued and enjoys immunity.
* Land law – sale by a person without title – a seller without title cannot pass good title; purchaser’s remedy is against the seller.
* Civil procedure – joinder of parties – wrongful party; statutory judicial immunity for local council officials.
* Appeal – appellate re-evaluation of evidence and findings of fact.
|
20 December 2016 |
|
Plaintiffs lacked locus standi because authority documents were not filed at commencement; suit dismissed with costs.
* Civil procedure – locus standi – plaintiff must demonstrate authority to sue at time of filing; documents conferring capacity must be filed with the plaint (Order 7 r.14(1) CPR).
* Evidence – documents in joint trial bundle are not exhibits until tendered and admitted at trial.
* Succession law – Letters of Administration and Power of Attorney obtained after filing cannot confer retrospective locus standi to commence proceedings.
* Res judicata – prior interlocutory ruling by Deputy Registrar did not bar substantive determination by trial court.
* Illegality – commencing suit without locus standi is an incurable illegality and deprives the plaintiff of a remedy.
|
19 December 2016 |
|
Court found collusive fraud and improper cancellation of title; plaintiff’s registration reinstated and fraudulent transfers voided.
* Land law — Fraud in land registration — Allegations of forgery and conspiracy — fraud must be particularly pleaded and strictly proved.
* Registrar/Commissioner powers — Section 91 Land Act — limits to cancellation of title; requirement of notice, hearing and compliance with natural justice.
* Bona fide purchaser — duty of due diligence, constructive notice from occupation/developments, effect of purchaser’s failure to inquire.
* Illegality — non-citizen company restrictions on holding mailo land; illegal registrations and transfers are void ab initio.
* Remedies — rectification of register, cancellation of fraudulent registrations, reinstatement of proprietor, permanent injunctions and costs.
|
19 December 2016 |
|
Court allowed donor to redeem an equitable mortgage, ordered deposit to Deputy Registrar, and vacated caveat for issuance of special title.
Equitable mortgage and caveat – Power of Attorney – Untraceable mortgagee and donee – High Court’s remedial jurisdiction under s.33 Judicature Act and inherent power under s.98 CPA – Deposit to Deputy Registrar for safekeeping – Issuance of Special Certificate of Title and vacatur of caveat.
|
19 December 2016 |
|
Breach of land sale contract: plaintiff awarded refund, general damages, interest and costs.
Contracts Act – formation of contract (offer, acceptance, consideration) – sale of land – breach where vendor lacked authority to sell – remedies: refund, general damages, interest and costs; assessment of general damages for breach of contract.
|
19 December 2016 |
|
A sale of intestate land may be validated by subsequent Letters of Administration unless prior acts diminished the estate; late preliminary objections may be dismissed.
Succession Act – intermeddling in intestate estate; Sections 191, 192 and 193 – effect of Letters of Administration; validation of pre-grant acts; exceptions for acts diminishing estate; procedural timing of preliminary objections.
|
19 December 2016 |
|
Expropriated property allocated by DAPCB: defendant held to be trespasser; eviction, injunction and UGX 100,000,000 damages awarded.
Property law – Trespass – Allocation of expropriated property by Departed Asians Property Custodian Board – Eviction and injunction – Mesne profits require pleaded and evidential basis – Assessment of general damages for denial of possession.
|
19 December 2016 |
|
A consent order that alters a final judgment is illegal and can be set aside; review or appeal is the proper remedy.
Consent orders — binding but voidable for illegality, fraud, mistake or material misapprehension; Parties cannot by consent vary or defeat questions of law decided in judgment; Functus officio — only review under s.82 CPA or appeal can disturb a High Court judgment; Registrar/Assistant Registrar lacks power to review a judge’s judgment; Allegations of fraud/collusion require full trial pleadings and evidence.
|
19 December 2016 |
|
Continuous trespass on customary land defeats a limitation defence; damages and trial findings affirmed on appeal.
Land law – customary land – ownership dispute; limitation – continuous tort of trespass; civil procedure – adequacy of grounds of appeal; damages – assessment and pleading of exemplary/punitive damages; appellate review of trial court’s assessment of damages.
|
15 December 2016 |
|
A purchaser who wilfully fails to inquire about a seller’s spousal equitable interest may be guilty of fraud and lose registered title.
Land law – family land – ordinary residence and spousal equitable interest; Registered title – fraud, wilful blindness and bona fide purchaser inquiry; Transfer void for fraudulent procurement; Unregistered spouse’s right to resist transfer and entitlement to cancellation of title.
|
14 December 2016 |
|
Appellants proved superior title and possession; respondent failed to prove inheritance or title on the balance of probabilities.
Land law – proof of title on balance of probabilities; adverse possession; letters of administration; assessment of documentary evidence; court must not infer fraud absent pleaded and adduced evidence.
|
12 December 2016 |
|
Appeal dismissed: respondent established ownership; appellant found to be trespasser, locus visit confirmed boundary.
Land law – trespass – determining ownership by evidence and locus-in-quo visit; continuing tort and limitation; re-appreciation of evidence on appeal; requirements and effect of locus-in-quo recording.
|
9 December 2016 |
|
Sequential written agreements construed together show sale of land and developments for shs.1,000,000; appeal dismissed.
Contract interpretation; parol evidence rule; sequential writings construed as one integrated agreement; credibility of trial findings on appeal; limitation of actions under the Limitation Act (six-year period).
|
8 December 2016 |
|
Applicant failed to prove ownership; trial court’s evaluation and locus findings properly upheld; appeal dismissed with costs.
Land law – civil possession claim – burden of proof on claimant to prove ownership on balance of probabilities; LC.I/II/III decisions made when courts were not legally constituted have no legal force; appellate re-appraisal of evidence and locus visit corroboration; hearsay and LC proceedings insufficient to establish title.
|
8 December 2016 |
|
Magistrates’ courts cannot reopen final orders; the High Court set aside an unlawful stay using inherent jurisdiction.
Magistrates' courts – limited statutory jurisdiction; finality of judgments and functus officio; review/revision under s.82 Civil Procedure Act as remedy for erroneous magistrates’ orders; inherent jurisdiction of the High Court to prevent injustice; stay of execution granted without legal basis (complaint to Inspector of Courts).
|
8 December 2016 |
|
The court held that a will and letters of administration outweighed an unsupported clan appointment; appeal dismissed.
* Land law – testamentary disposition and letters of administration – probative weight of a will and independent witnesses versus unsupported clan appointment.
* Appellate review – duty to re-evaluate evidence on appeal (Pandya v R).
* Civil procedure – locus in quo visits: useful but not mandatory; failure to visit not fatal where evidence suffices.
* Estate administration – appointment or division of estate by an unauthorized person amounts to unlawful intermeddling.
|
6 December 2016 |
|
Customary landowner awarded compensation, disturbance allowance, general damages and costs for unlawful extraction of murram by the defendant.
* Land law – customary tenure – proof by succession, occupation and pending lease application; certificate not mandatory. * Tort – trespass to land – unlawful entry and extraction of murram without consent; burden on defendant to prove consent. * Assessment of damages – quantification of excavated material, market value, disturbance allowance and general damages. * Interest and costs awarded.
|
6 December 2016 |
|
Appellate court allowed land claim: appellant proved customary boundary; respondent failed to prove continuous occupation.
Land law – customary family land – boundary dispute – locus in quo – re‑appreciation of evidence on appeal – balance of probabilities – requirement to prove continuous possession and boundary marks.
|
2 December 2016 |
|
Unsigned sale document and uncorroborated evidence failed to establish purchase; trespass suit not time‑barred; appeal dismissed with costs.
Land law – trespass to land; validity of sale – unsigned sale agreement and proof of payment; limitation – trespass as a continuing tort; evaluation of oral evidence and locus visit; remedies – injunction and costs.
|
2 December 2016 |
|
Unrecorded locus in quo inspections are irregular, but prior local boundary demarcation resolved this long-standing trespass dispute.
* Civil procedure – locus in quo inspections – requirement to notify parties, record proceedings, allow oath and cross-examination; court must not base findings on unrecorded personal observations.
* Property law – trespass to land – continuous tort and effect of long occupation; but long-standing local demarcation and submission to traditional/local dispute resolution may bar later challenges.
* Evidence – appellate review of findings of fact: re-evaluate evidence on record, interfere where trial court acted on wrong principles or on no evidence.
* Alternative dispute resolution – decisions of local chiefs and demarcations (1974 Woro trees) can be binding if not timely challenged.
|
1 December 2016 |
|
A Town Council lacked capacity to grant a lawful lease post-1995 Constitution, and the offer also failed essential lease requirements.
* Land law – Capacity of local authorities to grant leases – abolition of statutory leases by the 1995 Constitution – allocation powers vested in District Land Boards. * Requirements for a valid lease – exclusive possession, consideration, fixed or determinable term, and sufficient description/demarcation of premises. * Invalidity of transactions where allocating authority lacks legal estate or essential lease terms are absent.
|
1 December 2016 |
|
Whether an alleged 1976 sale and long non-use extinguished the appellant’s profit a prendre and established respondents’ customary title.
* Civil procedure – requirement to list witnesses – discretion to allow additional witnesses must be exercised judiciously to prevent trial by ambush.
* Evidence – ancient document – section 90 Evidence Act presumption of genuineness where corroborated by enjoyment.
* Property law – customary land – profit a prendre distinguished from proprietary customary title; profit a prendre assignable but subject to abandonment.
* Locus in quo – court inspection admissible if recorded; observations must be used only to test or clarify oral evidence.
|
1 December 2016 |
| November 2016 |
|
|
Whether a court may review and amend its judgment to remove a caveat where an apparent error on the face of the record exists.
* Civil procedure – Review of judgment – Section 82 CPA – error apparent on the face of the record allows court to review its decree.
* Civil procedure – Amendment of judgment – Section 99 CPA – court may amend/rectify its decision to effectuate its intention.
* Land law – caveat – removal of caveat and implementation of decree where purchasers found bona fide purchasers for value without notice.
* Functus officio – exception where mistake/error apparent on face of record; pending appeals do not automatically bar review by non-appellant parties.
|
30 November 2016 |
|
Appeal dismissed: plaintiff proved ownership on balance of probabilities; unexhibited documents lacked evidential weight.
Civil procedure – appeal time and competency – time runs from service of certified record; Evidence – burden on balance of probabilities; Documentary evidence – documents not exhibited and local-language wills without proper translation/translator carry no substantive evidential weight; Credibility – inconsistencies in defendants’ oral testimony undermined their claim to title.
|
28 November 2016 |
|
No binding lease or fraudulent misrepresentation proved; suit dismissed and defendant refunded deposits, with costs.
* Civil procedure – witness competency – Order 31 r.1 concerns who may be made parties, not witness competence; Evidence Act governs witness competency. * Contract law – formation – essential elements: offer, acceptance and meeting of minds; failure to pay required consideration defeats contract formation. * Misrepresentation – elements require an untrue statement of fact inducing action and resulting loss; mere failed negotiations or absence of formal documents do not amount to fraudulent misrepresentation. * Remedies – refund of deposits and recovery of unproven commercial losses requires clear proof and appropriate cause of action.
|
25 November 2016 |
|
Court set aside a consent judgment and related contempt orders to allow resolution of competing clan versus personal estate and kibanja versus registered land claims.
* Civil procedure – Consent judgment – Setting aside or review for fraud, collusion, mistake, misrepresentation or lack of consent.
* Civil procedure – Inherent powers – Third party affected by consent judgment may apply to set it aside.
* Contempt – General rule that contemnors barred from relief until contempt purged; exceptions permit hearing in fairness.
* Land law – Dispute over clan/official estate versus deceased’s personal estate; kibanja (customary) versus registered interests require trial determination.
|
25 November 2016 |
|
Applicant proved one respondent’s post-order construction in contempt; court ordered removal or imprisonment and reserved access orders for the main suit.
Contempt of court – requirements: existence of order, knowledge, breach; interlocutory orders must be obeyed; civil contempt remedies include coercive imprisonment; contempt must be proved against each respondent individually; access/possession remedies deferred to pending main suit.
|
25 November 2016 |
|
Contempt found for post-order construction by one respondent; ordered removal or imprisonment, other reliefs reserved for main suit.
Land law – interlocutory injunction/interim order – contempt of court – elements: existence of order, notice, breach – civil contempt remedy: coercive detention until compliance – access dispute reserved for main suit.
|
25 November 2016 |
|
Delict and Tort Law|Evidence Law|Documentary Evidence|Property Law|Land|Land Dispute
|
24 November 2016 |
|
Criminal law
|
22 November 2016 |
|
Civil Procedure|Principles|Res Judicata
|
21 November 2016 |
|
|
20 November 2016 |
|
Evidence Law|Documentary Evidence|Property Law|Land|Land Dispute
|
15 November 2016 |
|
Civil Procedure|Affidavits|Affidavit
|
14 November 2016 |
|
Civil Procedure|Appeals and reviews|Judicial Review|Criminal law
|
11 November 2016 |
|
Appellant’s challenge to credibility failed; respondent proved payments and entitlement to disputed land.
* Evidence – burden of proof in civil cases – balance of probabilities – plaintiff must prove payments and entitlement to land. * Credibility – assessment of oral eyewitness testimony corroborated by documentary exhibits. * Contract/sale of land – receipt of purchase price as element of transfer dispute. * Appeal – first appellate court’s duty to re-evaluate evidence and reach its own conclusion.
|
11 November 2016 |
|
Appellate court upheld trial finding that purchaser proved payment for land by witnesses and documents; appeal dismissed with costs.
* Land law – sale of land – proof of payment – corroboration by eyewitnesses and written agreements. * Evidence – burden of proof in civil cases – balance of probabilities (Evidence Act ss.101–103). * Appellate review – duty to re-evaluate evidence; failure to elaborate reasons in trial judgment not necessarily fatal if conclusion sustainable on record.
|
11 November 2016 |
|
Civil Procedure|Property Law|Land
|
10 November 2016 |
|
Failure to visit locus and ambiguous translated evidence rendered the land award unsafe; retrial ordered with costs each party.
Land law — Appeal — First appellate court’s duty to re-evaluate evidence; Locus visit — necessity in deserving land disputes where boundaries and descriptive evidence require verification; Evidence — ambiguous translation of local-language document ("gardens") cannot be treated as clear acreage; Remedy — retrial ordered where trial findings are unsafe.
|
10 November 2016 |
|
Applicant failed to prove ownership or that defendants were licensees; trial court’s finding of defendants’ long possession upheld.
* Civil procedure – burden of proof – balance of probabilities – party alleging fact must prove it.
* Evidence – credibility and contradictions – effect of inconsistencies among plaintiff’s witnesses.
* Land law – possession and title – long uninterrupted cultivation and local testimony as evidence of right to possession.
* Appellate review – re‑evaluation of evidence and findings of trial court; deference where conclusions are supported by record.
* Pleadings – inadmissibility or irregularity of evidence on matters not specifically pleaded.
|
10 November 2016 |
|
Evidence Law|Burden of Proof|Property Law|Land|Mortgage, loans and bonds|Mortgage
|
7 November 2016 |
|
Strike‑out application dismissed; existence of access road is a factual issue for trial and the High Court has jurisdiction.
Civil procedure – strike‑out (Order 6 r.30 CPR) – demurrer/objection on a point of law – test whether pleadings disclose a reasonable cause of action; Access to Roads Act (Cap.350) – applicability where alleged existing right of access; consolidation of suits – effect on ability to strike out; High Court jurisdiction under Article 139 and Judicature Act to grant remedies; disputed factual issues (existence of right of way) are for trial; Registrar of Titles powers (Section 91 Land Act) noted.
|
4 November 2016 |
|
Joint survey confirmed trespass; plaintiff awarded declaration, injunction, demolition, general and punitive damages.
* Land law – trespass – encroachment by perimeter wall – use of a jointly-obtained survey report as determinative of factual encroachment.
* Remedies – declaration, permanent injunction, demolition/removal of offending structure, costs.
* Damages – assessment of general damages for loss of use/amenity where direct evidence is limited; award of punitive (exemplary) damages for deterrence.
|
4 November 2016 |
Compulsory land acquisition – public use – government compensation obligations – valuation – general damages – interest rate – constitutional compliance – costs award
|
4 November 2016 |
|
Applicant's attempt to amend defence to add unparticularised counterclaim for expenses and fraud was dismissed with costs.
Land procedure – Amendment of pleadings – Order 6 r19 CPR – Leave to introduce counterclaim – New cause of action and change of subject matter – Special damages require particularisation – Locus and limitation – Mala fides in amendment applications.
|
3 November 2016 |
|
Appellants failed to prove customary ownership; credibility findings and locus in quo observations upheld, appeal dismissed with costs.
* Land law – Customary tenure – Proof of customary ownership requires evidence of applicable customary rules and acquisition in accordance with them. * Evidence – Judicial notice (Evidence Act s.56(3)) limited to generally known practices; cannot substitute proof of undocumented specific rituals. * Civil appeal – First appeal re-hearing and reassessment of witness credibility; locus in quo observations admissible though should be recorded. * Burden of proof – Claimant must discharge on balance of probabilities; grave contradictions may justify rejection of testimony.
|
3 November 2016 |
|
Improper locus in quo proceedings admitting unsworn, unrecorded evidence from non-witnesses vitiated the trial and warranted retrial.
* Civil procedure – locus in quo – requirements for inspection: parties and witnesses present, oath, recording, and opportunity to cross-examine.
* Evidence – inadmissibility of unsworn statements and unrecorded observations relied upon in judgment.
* Appeal – first appeal duty to re-hear and re-appraise evidence.
* Retrial – where incurable procedural defects at locus in quo occasion miscarriage of justice, retrial is appropriate.
|
3 November 2016 |
|
Expired statutory lease and fraud in procurement of title defeat claim for recovery of land; both claims dismissed.
Property law – leasehold expired and reversion vested in District Land Board; Registration of Titles – certificate procured by fraud; Effect of naming deceased as co‑purchaser – incapacity and fraudulent procurement vitiates title; Proof of title as prerequisite to action for recovery of land; Remedies – dismissal where both parties implicated in illegality.
|
3 November 2016 |