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Citation
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Judgment date
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| December 2016 |
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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.
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22 December 2016 |
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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.
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20 December 2016 |
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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.
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20 December 2016 |
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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.
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19 December 2016 |
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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.
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19 December 2016 |
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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.
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19 December 2016 |
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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.
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19 December 2016 |
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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.
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19 December 2016 |
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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.
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19 December 2016 |
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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.
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19 December 2016 |
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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.
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15 December 2016 |
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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.
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14 December 2016 |
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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.
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12 December 2016 |
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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.
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9 December 2016 |
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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).
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8 December 2016 |
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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.
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8 December 2016 |
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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).
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8 December 2016 |
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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.
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6 December 2016 |
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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.
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6 December 2016 |
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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.
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2 December 2016 |
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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.
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2 December 2016 |
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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.
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1 December 2016 |
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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.
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1 December 2016 |
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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.
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1 December 2016 |