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Citation
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Judgment date
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| December 2017 |
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Registered title upheld; defendant held trespasser; vacant possession, injunction and mesne profits awarded.
Land law – Torrens registration and indefeasibility – cadastral/deed-plan importance – admissibility of expert survey evidence – statutory pre-emption (s.35 Land Act) – trespass and mesne profits
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22 December 2017 |
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22 December 2017 |
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Whether an L.C.II decision constitutes res judicata and whether trial court correctly found respondent's ownership and appellant's trespass.
Land law – ownership and trespass – locus in quo inspection – res judicata – jurisdiction of Local Council courts versus Land Tribunals – evaluation of evidence on first appeal – administration of estate
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21 December 2017 |
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Adverse possession for over twelve years extinguished competing customary title despite defects in seller’s proven title.
Land law; unregistered land; proof of customary inheritance; gift inter vivos; nemo dat quod non habet; purchaser’s duty of inquiry; constructive notice; adverse possession; Limitation Act (prescription)
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21 December 2017 |
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Appeal allowed: sufficient cause (counsel’s illness) shown to reinstate dismissed review application; trial court erred in not considering affidavits.
Civil procedure — Reinstatement of dismissed proceedings — Sufficient cause — Affidavit evidence and medical certificate — Submissions are not evidence — Judicial discretion — Costs
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14 December 2017 |
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Possession alone did not establish title; continuing trespass prevented limitation from barring the appellant's claim.
Land law - ownership and possession; tenant by occupancy requires registered proprietor; continuing trespass and limitation; appellate re-evaluation of evidence; locus in quo discrepancies
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14 December 2017 |
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An advocate need not be disqualified merely because there is an intention to call him as witness; speculative prospects do not engage Regulation 9.
Advocates’ professional conduct – Regulation 9 – Advocate as witness – Whether speculative intention to call counsel engages disqualification – Advocate’s election to continue as counsel or give evidence – Requirement to list witness under civil procedure
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14 December 2017 |
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Appellant's land claim failed due to major contradictions and unproven sale agreement authenticity; appeal dismissed with costs.
Land law — title and possession — evaluation of evidence — alleged forged sale agreement — credibility and contradictions — right to fair hearing — adjournment and failure to call witness — appeal dismissed
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14 December 2017 |
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A sale of jointly held family/matrimonial land by one spouse without spousal consent is void and purchasers become trespassers.
Land law – family/matrimonial land – Section 38A/39 Land Act – spousal consent mandatory; sale without consent void ab initio; bona fide purchaser doctrine and notice; appellate reappraisal of evidence
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14 December 2017 |
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13 December 2017 |
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Administrator's unopposed application to remove a beneficiary's caveat on estate land allowed to enable distribution.
Registration of Titles Act – removal/striking out of caveat; Succession Act – powers and vesting of property in administrator; unopposed affidavit evidence in ex parte proceedings; distribution of intestate estate
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5 December 2017 |
| November 2017 |
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Plaintiff’s claims were improper objector matters under O.22 r55; a bona fide registered purchaser faced no liability, suit dismissed.
Civil procedure – sale in execution – objector proceedings under Order 22 r55 CPR – bona fide purchaser for value – registered title – cause of action – indefeasible title absent fraud
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28 November 2017 |
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Specific performance ordered for breach of land sale agreement; eviction and mesne profits denied; damages and costs awarded.
Contract law – sale of land – breach for failure to register and transfer unregistered parcel; remedy – specific performance appropriate; eviction and mesne profits refused; general damages and costs awarded
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27 November 2017 |
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Plaintiff proved title and trespass; defence struck out, demolition and injunction ordered, and UGX 20,000,000 awarded as general damages.
Land law – Trespass – Construction of perimeter wall and foundation trench on another’s title – Trespass actionable per se – Demolition and permanent injunction – Striking out defence under Order 6 Rule 30 – Ex parte damages hearing does not relieve plaintiff of burden of proof – Quantum of general damages
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22 November 2017 |
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The plaintiff's title was restored after the court found the defendants fraudulently obtained a duplicate certificate; damages, interest, and costs awarded.
Land law - Fraudulent registration of title - Failure to file defence and ex parte proceedings - Proof of ownership and possession - Cancellation and replacement of certificate of title under Registrar of Titles Act s.177 - Award of general damages, interest and costs
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21 November 2017 |
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Appeal dismissed: respondent’s title upheld; applicant’s occupation found permissive, not proprietary.
Land law - trespass and possession - proof of title and purchase (1972) - permissive occupation versus proprietary right - first appeal evidence evaluation - locus in quo inspection
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9 November 2017 |
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Registrar lacked authority to review the consent judgment; consent set aside for irregularity and misapprehension, joinder denied.
Civil procedure — Consent judgments — Registrar's jurisdiction to enter and review judgments — Order 50/46 CPR; Locus/standing to apply for review; Consent set aside for fraud, collusion or misapprehension; Restoration of interim injunction and restitution
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9 November 2017 |
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Whether state agents' forcible occupation and destruction of customarily held land without compensation constitutes trespass and attracts damages.
Land law – customary tenure – acquisition by gift inter vivos – possession – trespass by state agents – vicarious liability of the Attorney General – remedies: declaration, vacant possession, permanent injunction, compensatory, mesne profits, general and exemplary damages, interest
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8 November 2017 |
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Whether counsel's claimed illness amounts to sufficient cause to set aside a dismissal and reinstate the applicant's suit.
Civil procedure – setting aside dismissal for non-attendance – sufficiency of cause where counsel claims illness – Advocates' duty to notify court and client – need for proof of incapacity; dilatory conduct and "clean hands" principle
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6 November 2017 |
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A caveator who fails to show cause or file evidence risks having the caveat vacated with costs.
Land law – Caveats – Obligation under s.140(1) Registration of Titles Act to show cause – Uncontested affidavit evidence – Caveator must prosecute interest or caveat may be vacated
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6 November 2017 |
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Court allowed joinder of applicants claiming interest in disputed land but ordered them to bear their own costs.
Civil procedure – Joinder of parties – Order 1 r3 CPR and section 98 CPA – Necessary parties in land disputes – Evidence of interest from prior dealings and related proceedings – Costs where applicants voluntarily or permissibly join litigation
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6 November 2017 |
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High Court declined to cancel a registered title under s177 because the registered proprietor had filed an appeal, preserving substantive justice.
Land law – Registration of Title Act s177 – cancellation of certificate of title – discretionary nature of 'may' – effect of pending appeal – substantive justice over technicalities
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6 November 2017 |
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A caveat lodged without reasonable cause will be removed and the caveator ordered to pay compensation under the Registration of Titles Act.
Land law – Caveat – Lapse/removal of caveat – Caveatable interest – Registration of Titles Act ss.140(1) and 142 – Wrongful caveat; compensation and costs
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6 November 2017 |
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Court granted interim injunction to protect a school pending trial, finding prima facie case, irreparable harm, and balance of convenience.
Interlocutory injunction – requirements: prima facie case; irreparable harm not remediable by damages; balance of convenience; preservation of status quo to protect school property
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2 November 2017 |
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Amendment substituting a fraud claim for a wrongful-transfer claim was inadmissible and the action was time-barred.
Civil procedure – Amendment of pleadings – Amendment that substitutes or changes the cause of action is inadmissible; Pleadings – Requirement to plead facts constituting cause of action (O.7 r.1(2)); Fraud – particulars and dates mandatory; Limitation – actions founded on fraud governed by Limitation Act (period runs from discovery); Consent to amend cannot validate an otherwise illegal or incompetent pleading
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1 November 2017 |
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A registered certificate of title prevails; an occupier without registered title is a trespasser and liable to eviction.
Land law — Certificate of title conclusive (s.59 RTA) — Registered proprietor protected from ejectment except for fraud (s.176 RTA) — Trespass against person in possession — Blank transfer forms/unregistered interests do not defeat registered title — Appellate re‑evaluation of evidence
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1 November 2017 |
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Applicant failed to satisfy criteria for a temporary injunction against a registered proprietor over disputed land.
Civil procedure – Temporary injunctions – O.41 r.1 and s.98 CPA – requirements: prima facie case, irreparable injury, balance of convenience; registered proprietor protection (s.59 Registration of Titles Act); preservation of status quo
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1 November 2017 |
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Application to set aside decree dismissed as barred by Section 6 due to identical pending proceedings in the Execution Division.
Civil Procedure Act s.6 – res sub judice – duplicate proceedings – jurisdictional bar – abuse of court process – stay/set aside execution applications pending in Execution Division
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1 November 2017 |
| October 2017 |
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Appeal dismissed as premature because co‑operative member disputes must first proceed to arbitration and the society's board.
Co‑operative
Societies Act – s.73 arbitration and s.75 appeal to board – member disputes must first go to arbitration/board; jurisdiction – courts as appellate fora not courts of first instance for co‑operative disputes; procedure – extraction of decree technicality; limitation – correspondence for certified copies may exclude delay
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31 October 2017 |
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Court allowed withdrawal of civil suit after criminal proceedings cancelled the title, invoking Judicature Act s17(2)(a).
Civil procedure — Withdrawal of suit — Concurrent criminal proceedings — Cancellation of certificate of title — Judicature Act s17(2)(a) — Discretion to dismiss/withdraw to avoid delay — Criminal matters precedence
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31 October 2017 |
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Plaintiffs proved an equitable interest but not legal title; defendant held no valid title and damages were awarded.
Land law – occupation and applications can create equitable interests; alleged title irregularities and expired lease; fraudulent/forged documentation; remedial awards — general and exemplary damages; mesne profits not awarded for lack of proof; District Land Board retains control
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31 October 2017 |
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The respondents’ discovery of fraudulent registration justified cancellation and substitution of titles; limitation was postponed until discovery.
Land law – fraudulent registration of title – ancestral (lineage) ownership – proof and corroboration by oral and locus evidence – discovery of fraud and limitation (Limitation Act s.25) – cancellation of title under R.T.A. s.177 – invalidity of transfer from fraudulent transferor; common seal/authorization irregularities
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31 October 2017 |
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Appellants' earlier equitable possession prevailed over respondent's unproven title; appeal allowed and lower court decision set aside.
Land law — proof of title vs equitable possession; competing equitable interests — prior in time prevails; insufficiency of receipts to prove lease/title; possession and allocation by local authority pre-1975
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31 October 2017 |
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Appeal dismissed: purchaser failed to complete payment; vendor validly rescinded and resold the customary land.
Property—Sale of customary (unregistered) land—Equitable interest on part-payment—Vendor’s right to rescind for non-payment—Validity of subsequent sale—Allegation of duress in police statement
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31 October 2017 |
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31 October 2017 |
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A civil claim for property damage was dismissed as time‑barred despite prior criminal convictions against the defendants.
Property law — Trespass to land — Use of criminal conviction evidence in civil proceedings — Limitation Act — cause of action in tort accrues when damage occurs — civil claim time-barred — valuation and proof of special damages insufficient
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30 October 2017 |
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Court allowed plaintiffs to re-open their case to testify, prioritising substantive justice over counsel’s procedural error.
Civil procedure – Re-opening closed case; leave to re-open; Power of Attorney as defence exhibit; prejudice and miscarriage of justice; Article 126(2)(e) Constitution; substantive justice over technicality
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30 October 2017 |
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Application to set aside dismissal dismissed for wrong procedure and failure to prove sufficient cause; costs awarded to the respondent.
Civil procedure – mode of application: Chamber Summons v Notice of Motion – improper procedure; Setting aside dismissal of proceedings – requirement of sufficient cause; Conduct of counsel – when counsel’s negligence may or may not excuse the litigant; Evidence across the bar – necessity of affidavits
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30 October 2017 |
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Trial court erred in summarily deciding disputed preliminary issues; case remitted for full hearing and unproven damages set aside.
Civil procedure — Preliminary objections and summary disposal — Right to be heard and need for formal proof where facts disputed; administration of estates — letters of administration; award of general damages requires strict proof
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30 October 2017 |
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Appeal allowed: trial court's flawed locus in quo inspection caused miscarriage of justice; record remitted for proper re-inspection and redetermination.
Land law – customary tenure – ownership and trespass – conflicting evidence on acreage and graves; locus in quo inspection – procedural fairness, recording and parties' right to demonstrate; miscarriage of justice – setting aside judgment and remittal for proper locus inspection per Practice Direction No.1 of 2007; appellate re-hearing and burden of proof on preponderance of probabilities
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27 October 2017 |
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Applicant’s inconsistent affidavits and lack of proof defeated claim of sufficient cause to extend time to appeal.
Civil procedure – extension of time to appeal – sufficient cause – death of counsel – contradictory affidavits – failure to annex relied documents – affidavits rendered unreliable – dismissal with costs
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27 October 2017 |
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Appellant's ancestral claim defeated by respondents' long adverse possession and extinguishment by prescription.
Land law — Customary tenure — Possession and title — Adverse possession/extinctive prescription — Limitation extinguishing right to recover land — Locus in quo procedural irregularities but held inconsequential
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26 October 2017 |
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The appellant’s permissive occupation did not confer title; he became a trespasser upon selling the respondent’s land.
Customary land title; permissive occupation (licence) versus hostile possession for prescription; proprietary estoppel; locus in quo observations; occupier becoming trespasser upon unauthorised alienation
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26 October 2017 |
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An omnibus plaint lacking material particulars fails to disclose a cause of action against the applicants.
Civil procedure — Pleadings — Plaint must plead material facts and when cause of action arose (O.7 r.1(e)); omnibus plaint defective — proprietary/bibanja claims require detailed chain of transactions and particulars of fraud; bona fide purchaser for value without notice; power to strike out plaint and order security for costs (O.26 r.1)
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24 October 2017 |
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First appellate court upheld respondent's possession; appellant failed to prove a gift or locus irregularity.
Land law – adverse possession/possession – proof of title and continuous occupation; evidence evaluation on first appeal; locus in quo procedure; proof of gift of land; credibility findings; costs
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24 October 2017 |
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Stay of execution refused where applicant failed to show sufficient cause, delayed appeal steps, and alleged only speculative eviction.
Civil procedure — Stay of execution — Requirements for stay: sufficient cause, absence of unreasonable delay, potential substantial loss, security — Inherent jurisdiction (s.98 CPA) — Failure to file memorandum of appeal and unexplained delay — Speculative threat of execution — Adverse possession — Application dismissed
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24 October 2017 |
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Applicant failed to show sufficient cause or diligence to justify a stay of execution pending appeal.
Civil procedure — Stay of execution — Order 43 r.4 CPR and Court of Appeal rules — Applicant must show sufficient cause: substantial loss, no unreasonable delay, security — Diligence in prosecuting appeal (memorandum of appeal) — No evidence of execution or imminent eviction — Application dismissed
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24 October 2017 |
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Applicant failed to prove respondents' contempt for allegedly breaching an interim construction prohibition; application dismissed.
Contempt of court – interim order – duration and effect of interim direction – burden of proof in contempt proceedings – 'he who alleges must prove' (Evidence Act ss.101–103)
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23 October 2017 |
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Court rules against estate claims on land, upholds bona fide purchase by current owner.
Land Law – ownership dispute – limitation of actions for land recovery – bona fide purchase for value without notice – fraud allegations in title registration.
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18 October 2017 |
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Whether a purported LC rescission without communication or refund vitiated a land sale procured by alleged misrepresentation.
Land law – sale of kibanja – misrepresentation – rescission – requirement of communication and refund for effective rescission – LC meeting lacking jurisdiction – appellate re-evaluation of evidence
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14 October 2017 |