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Citation
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Judgment date
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| December 2018 |
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Land
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21 December 2018 |
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Land
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20 December 2018 |
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Civil Procedure
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14 December 2018 |
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Land
|
13 December 2018 |
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13 December 2018 |
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Land
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6 December 2018 |
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Land
|
6 December 2018 |
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Land|Land Dispute
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6 December 2018 |
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Land|Title to real property
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6 December 2018 |
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Land
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6 December 2018 |
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Land|Land Dispute
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6 December 2018 |
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Land
|
6 December 2018 |
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Land|Occupancy and Possession
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6 December 2018 |
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Civil Procedure
|
5 December 2018 |
| November 2018 |
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Administrative Law|Administrative Review
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30 November 2018 |
| October 2018 |
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Plaintiff has an equitable interest in the land; compensation ordered for developments built by defendant's predecessors.
Land — Ownership and possession — Equitable interest and bona fide occupation — Distinction between registered title and possession — Lease agreements affecting different plots — Improvements by tenant's predecessor — Compensation to avoid unjust enrichment — Recovery of rents/special damages; appointment of valuer.
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23 October 2018 |
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12 October 2018 |
| September 2018 |
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Land
|
27 September 2018 |
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Land
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20 September 2018 |
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Land
|
20 September 2018 |
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Contract Law|Land
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20 September 2018 |
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Appeals and reviews|Land
|
13 September 2018 |
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Land
|
10 September 2018 |
|
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6 September 2018 |
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Land
|
6 September 2018 |
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Land
|
6 September 2018 |
| August 2018 |
|
|
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31 August 2018 |
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8 August 2018 |
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|
1 August 2018 |
| July 2018 |
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Land
|
25 July 2018 |
| June 2018 |
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Land
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22 June 2018 |
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Amended plaint filed outside permitted period and without leave was struck off; original plaint failed to disclose a cause of action and suit dismissed.
Civil procedure – amendment of pleadings – O.6 r.20, r.31 and O.8 r.19 CPR – filing date vs service; Land law – registered title protected against ejectment except in cases of fraud – necessity to plead particulars of fraud (Registration of Titles Act s.176(3)); Bonafide occupation – definition and evidentiary requirements (Land Act s.29(2)); Cause of action – plaint must show plaintiff’s right, violation and defendant’s role.
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14 June 2018 |
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A registered proprietor with an indefeasible title is entitled to eject trespassers absent proved fraud or a valid lease.
* Land law – registered title – indefeasibility of title under the Registration of Titles Act – certificate of title conclusive absent proved fraud. * Trespass to land – unauthorized occupation constitutes trespass against the person in possession. * Burden of proof – defendant must prove existence of lease and payment of premium; fraud must be specially pleaded and proved. * Remedies – eviction, permanent injunction, damages and costs.
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7 June 2018 |
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An administrator who forges co-administrators’ signatures to transfer estate land commits fraud; transfers and titles cancelled.
* Land law – Administrator of estate – Unauthorized transfer, forgery and mutation by an administrator – fraud attributable to transferee. * Reliefs – cancellation of fraudulent subdivisions/transfers, recall of titles, reinstatement of administrators, damages, costs and interest. * Civil procedure – ex parte hearing where defendant duly served.
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7 June 2018 |
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Stay of execution granted pending appeal, conditional on provision of security equal to half the taxed costs.
Civil procedure – Stay of execution pending appeal – Order 43 r.4(3): substantial loss, promptness, security – Supplementary affidavit filed without leave struck off – Procedural defects curable under Article 126 – Notice of appeal as expression of intent to appeal.
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1 June 2018 |
| May 2018 |
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Preliminary objections dismissed: administrator’s Letters of Administration prima facie confer locus to sue and omission of residence not fatal.
Civil procedure – preliminary objections – requisites of a preliminary objection; Succession law – Letters of Administration presumed genuine – administrator’s locus to sue – rights relate back to time of death; Pleadings – omission of place of residence not fatal where address for service given; Order 8 r.18 – failure to reply not admission where issues joined; Rejection of plaint – O.7 r.11 CPR.
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31 May 2018 |
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A trespasser who plants beyond authorised permits cannot recover compensation for unlawfully occupied land.
Property law – trespass; planting beyond authorised permits; squatter/trespasser not entitled to compensation; trespass as a continuous tort; expired permits and notice to harvest; court will not sanction illegality.
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29 May 2018 |
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High Court affirms oral sale and lawful possession; appeal dismissed and decree-extraction omission treated as technicality.
Land law – sale of land by oral (parol) agreement – possession and boundary marks as evidence of purchase – trespass – evaluation of evidence on appeal – procedural technicality: extraction of decree not fatal.
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24 May 2018 |
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Applicant’s notice of appeal alone and unproven risk of alienation did not justify a stay of execution; application dismissed.
Stay of execution – requirements: likelihood of success on appeal; irreparable harm or nugatory appeal; balance of convenience; promptness – notice of appeal alone insufficient; prematurity where no execution proceedings; alleged land tenure conversion not proof of execution.
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24 May 2018 |
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A temporary injunction granted to preserve the status quo on disputed land pending trial where a sale agreement and deposit raise triable issues.
* Land law – interlocutory relief – temporary injunction to preserve status quo pending trial – requirements: prima facie case, irreparable injury, balance of convenience. * Evidence of sale agreement and deposit as creating an equitable interest sufficient to raise triable issues. * Possession and title – protection of bona fide possessor absent proof of fraud. * Preservation of property pending determination of legal title.
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24 May 2018 |
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Late objections that the defendant was non-existent and the trespass claim time-barred were overruled; trespass held continuous.
* Civil procedure – preliminary objections – competency when raised late – delay may render objection unsustainable and presumed unnecessary. * Corporate personality – appearance and defence by counsel may estop a party from later claiming nonexistence of the defendant. * Limitation Act – trespass to land is a continuing tort; the six-year limitation does not bar continuing trespass. * Res judicata – Supreme Court determination and remittal on liability binds the High Court to assess damages only.
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23 May 2018 |
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The applicant proved prolonged non-payment and unauthorized excavation and was granted re-entry, possession, an injunction and nominal damages.
Land law – breach of lease by non-payment of rent and unauthorized excavation; re-entry and possession; injunction; Registration of Titles Act s.176(b); failure to defend and acceptance of uncontradicted evidence; nominal damages where quantum not proved.
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23 May 2018 |
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Unauthorized subdivision and grading by the defendant encroached plaintiff's land—titles cancelled, damages and resurvey ordered.
* Land law – trespass and encroachment – grading and creation of access road intruding on neighbour's leased plot.
* Land law – validity of subdivision and registration – subdivisions and titles effected without prior lessor consent and failure to follow original boundaries.
* Evidence – reliance on joint survey reports and locus visit to establish overlap and loss of usable land.
* Statutory principle – section 56 Land Act: registration or certificate does not cure defects in land transactions.
* Remedies – cancellation of irregular subdivisions/titles, resurvey, damages, interest and costs.
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15 May 2018 |
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Application for security for costs dismissed where both parties had prima facie cases and inability to pay was not proved.
* Civil procedure – Security for costs – Order 26 r.1 & r.3 CPR – two‑stage test: prima facie merits and inability to pay – mere lack of knowledge of assets insufficient to order security. * Res judicata and limitation – relevance to prima facie assessment at interlocutory stage. * Authorities: Namboro v Kaala; G.M. Combined v A.K. Detergents; Bank of Uganda v Nsereko.
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11 May 2018 |
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Application for committal for contempt dismissed because transfers occurred while a consent judgment was in force, not after injunction reinstatement.
Contempt of court – civil contempt – elements: existence of lawful order, knowledge, disobedience – consent judgment effect on injunction – transfers to third parties/bona fide purchasers – committal to civil prison – inherent powers under section 98 CPC exercised judiciously.
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10 May 2018 |
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Suit challenging execution transfer dismissed for lack of prosecution service and failure to prove fraud sufficient to impeach decree.
Civil procedure – execution of decree – exclusive jurisdiction of executing court under Section 34 Civil Procedure Act – transferees under judicial sale included; Fraud on the Court – collateral attack permissible only with clear, cogent proof; Service of summons – mandatory 21-day rule under Order 5 CPR – non-compliance and failure to apply for extension fatal to suit; Order 36 R.11 CPR – remedies to set aside decree before executing court.
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10 May 2018 |
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Alleged contempt for breach of consent judgment dismissed where respondent substantially complied; remaining works ordered completed within 60 days.
Contempt of court — civil contempt; consent judgment compliance; proof required: lawful order, knowledge, ability and wilful failure to comply; supervision clause in consent orders; timing and appropriateness of permanent injunction and punitive remedies.
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8 May 2018 |
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Plaintiff proved demolition and obtained general damages; defendants jointly liable and inter‑defendant indemnities ordered.
Land law – Mortgage and sale – Failure to conduct due diligence by mortgagee – Attachment and nullified sale – Ownership reinstated by consent/Commercial Court – Valuation evidence inadmissible where valuer unregistered – Plaintiff proved damage but not claimed replacement value – Joint and several liability of parties – Inter-defendant indemnities and refund order – General damages and interest.
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2 May 2018 |
| April 2018 |
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Non-compliance with O.5 r1(2) 21-day service rule without seeking extension renders the application incompetent and is dismissed.
Civil Procedure — Service of summons and hearing notices — O.5 r1(2) — 21-day service requirement — strict compliance — sealing/endorsement by Registrar — failure to seek extension — dismissal of application.
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19 April 2018 |
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Leave granted to amend the plaint and add necessary parties under O.1 r10(2); procedural omission overlooked for lack of prejudice.
Civil procedure – Amendment of pleadings – Joinder of parties – Order 1 r 10(2) CPR – Person whose presence is necessary for effective adjudication – Omission of proposed amended plaint – Prejudice and discretion – Bona fide purchaser defence to be determined after pleadings.
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13 April 2018 |