|
Citation
|
Judgment date
|
| December 2019 |
|
|
A Kibanja (equitable) judgment and possession do not suffice under section 177 to transfer or rectify a registered title.
Registration of Titles Act s.177 – Consequential orders to cancel or substitute entries in the register – Requirement to prove recovery of land, estate or interest from registered proprietor – Distinction between Kibanja (equitable) interest and legal/mailo interest – Rectification of certificate of title
|
27 December 2019 |
|
Appeal dismissed as abuse of process where stay sought without appealing or obtaining leave against the underlying judgment.
Civil procedure – summary judgment and execution – stay of execution inappropriate where underlying judgment is not appealed or leave not obtained; abuse of court process for filing repetitive suits after final adjudication
|
18 December 2019 |
|
Application to amend defence and add counterclaim dismissed for seeking to relitigate an unvacated criminal conviction and causing prejudice.
Civil procedure – amendment of pleadings (Order 6 r19 CPR) – discretion to amend – requirements: no prejudice, no mala fides, no change of cause of action – late affidavit in reply struck out – counterclaim premised on unvacated criminal conviction inappropriate in civil suit – abuse of process
|
18 December 2019 |
|
Court reinstated a prematurely dismissed suit under Section 98 CPA and ordered costs against the respondent.
Civil procedure — Reinstatement of proceedings dismissed under Order 17 Rule 6(1) CPR — Premature dismissal where last action was within two years — Court's power under Section 98 CPA and inherent jurisdiction to reinstate — Order 17 Rule 6(2) (fresh suit) not exclusive remedy
|
18 December 2019 |
|
Court allowed amendment of plaint to correct tenure allegations; amendment not a new cause of action and respondents to prove ownership in main suit.
Civil procedure – Amendment of pleadings – Order 6 r 19 – Leave to amend – Single affidavit sufficiency – Correction of pleadings versus new cause of action – Prejudice and costs – Proof of ownership reserved for main suit
|
15 December 2019 |
|
Grade One Magistrates may hear land recovery claims but cannot cancel title; case transferred due to pecuniary jurisdiction limits.
Civil procedure – jurisdiction – Magistrates’ Courts’ power to hear land recovery claims despite inability to order cancellation of title; cancellation of certificate of title is exclusive to the High Court (Registration of Titles Act s.177). Civil procedure – pecuniary limits – Grade One Magistrate lacks jurisdiction where plaint values subject matter above Ugx.20,000,000. Civil procedure – transfer of proceedings – transfer to competent Magistrate Court where original filing court or presiding officer lacks jurisdiction
Evidence – procedural compliance – out-of-time affidavit struck off; inadequate excuse of deponent being abroad
|
5 December 2019 |
|
Applicant's specific performance claim dismissed where possession delay resulted from interlocutory court order and applicant failed to do due diligence.
Contract law – specific performance – vacant possession – parol evidence rule (Evidence Act s.92) – reasonable time for performance (Contracts Act s.42) – frustration by intervening court order – buyer's failure to conduct due diligence
|
3 December 2019 |
| November 2019 |
|
|
Consent judgment set aside where it was not shown to be signed by the party or an authorized representative.
Land — Consent judgment — Review and setting aside — Authority to sign — Power of attorney — Aggrieved party — Fraud, collusion or contravention of court policy
|
26 November 2019 |
| October 2019 |
|
|
Dismissal during a stay without notice by the court constituted sufficient cause to set aside and reinstate the suit.
Civil procedure – Setting aside dismissal for nonappearance – Stay pending appeal – Court error in dismissing during stay without notice of resumption – Sufficient cause and reinstatement – Section 98 CPA, O.9 r18 & O.52 r1 & 3 CPR
|
15 October 2019 |
|
Whether respondents’ occupation was unlawful and whether officials’ temporary measures justified continued occupation.
Land law – trespass – nature of Bibanja interests – purchaser’s title dependant on vendor’s authority; purchases from an unauthorised seller may be void. Burden of proof – civil standard; plaintiff must prove allegations on balance of probabilities. Public officials – temporary directives or sympathy pending investigation do not constitute conferral of land rights. Administrative law/estoppel – legitimate expectation/estoppel may require compensation where owner validated occupancy. Physical planning – KCCA’s enforcement constrained by existing court orders and boundary uncertainty
|
4 October 2019 |
| September 2019 |
|
|
Applicant's absence due to counsel’s mistake constituted sufficient cause; ex parte judgment and dismissal were set aside and suit reinstated.
Civil procedure — setting aside ex parte judgment and dismissal under O.9 r.27 and O.9 r.23(1) — sufficient cause where counsel’s negligence prevents appearance — requirement of diligence and arguable defence — fraud allegations require strict proof — security for costs not granted
|
30 September 2019 |
| August 2019 |
|
|
Insufficient evidence of contempt of a temporary injunction; court orders police inquiry and may revisit sanctions.
Contempt of court – elements: lawful order, knowledge, disobedience – sufficiency of photographic evidence – court’s power under s.98 to order independent criminal inquiry – preservation of status quo under temporary injunction
|
30 August 2019 |
|
Court varied a temporary injunction to preserve the pre-suit status quo where prior wording effectively granted final possession.
Civil procedure — Variation of injunction — Inherent powers (s.98 CPA) and O.41 r.4 — Temporary injunction to preserve status quo — Interim order not to resolve final possession — Prohibition on waste/alienation pending final determination
|
29 August 2019 |
|
Applicant must first apply to the Registrar and prove that attempt before the High Court will grant vesting, caveat removal or special title orders.
Registration of Titles Act – Section 167 – vesting orders – requirement to apply to Registrar before Court; caveat removal – Section 139/145 – registrar’s role; special certificate of title – Section 70 applicability; affidavit evidence must include proof of prior application to Registrar
|
29 August 2019 |
|
Beneficiaries’ claims to recover family trust land fall under s.19(2) Limitation Act; suit filed within six-year period.
Limitation Act — trust property — s.19(2) applies to beneficiaries’ actions to recover trust land; s.5 (12-year rule) inapplicable where claim is as beneficiary; accrual of cause of action upon administrator/defendant’s registration and assertion of ownership
|
27 August 2019 |
|
Court granted vesting order under s.167 (Registration of Titles Act) after purchaser proved payment, possession and inability to obtain transfer.
Land law – Registration of Titles Act, s.167 – Vesting order where purchaser paid purchase money, entered and possessed land, vendor acquiesced and transfer cannot be obtained (vendor dead or absent). Civil procedure – Inherent jurisdiction, s.98 Civil Procedure Act – High Court may grant vesting after Commissioner declined
Evidence – sale agreements, title documents and affidavits sufficient to establish statutory prerequisites for vesting order
|
26 August 2019 |
|
Application to add parties to a land counter-claim dismissed for service irregularity and because the issues were res judicata.
Civil procedure – service of motions – mandatory 21-day service rule – failure to apply for extension renders application incompetent; res judicata – prior adjudication of substantially the same issues bars relitigation; amendment of pleadings – addition of parties barred where matter already finally decided; land dispute – challenge to alleged fraudulent disposition of estate property
|
26 August 2019 |
|
Administrators satisfied statutory conditions for vesting; special certificate ordered issued upon payment of stamp duty.
Registration of Titles Act (ss.166,167) – Vesting order – Requirements: registered land, full purchase payment, entry and possession with vendor acquiescence, transfer unobtainable because vendor absent or deceased – High Court jurisdiction to vest – Special certificate of title – Payment of stamp duty
|
23 August 2019 |
|
A land claim is frivolous against a current registered proprietor unless fraud by the company's present directing minds is pleaded.
Civil procedure – strike out under O.7 r11(e) – limitation of actions – s.25 Limitation Act (fraud exception) – particulars of fraud required under O.6 r3 – directing mind/alter-ego principle – attribution of historical fraud to current company management.
|
22 August 2019 |
|
High Court’s general jurisdiction does not oust statutory local limits for immovable property suits; matter transferred to Mbale High Court.
Civil procedure – Jurisdiction – Local/geographical jurisdiction for recovery of immovable property – Section 12(a) Civil Procedure Act – High Court’s unlimited jurisdiction under Article 139 – Transfer of suit to appropriate registry (Mbale) to avoid illegality
|
22 August 2019 |
|
Appeal dismissed: appellants failed to defend, trespass proved, and procedural errors were not fatal.
Land law – trespass to registered land – proof and confirmation by locus visit; Civil procedure – ex parte proceedings under O.9 r.10, entry of judgment and scheduling; Procedural irregularity – locus visit participation and non-fatal errors; Miscarriage of justice – standard for reversal
|
21 August 2019 |
|
Procedural irregularities did not vitiate trial findings of trespass where appellants failed to participate and evidence supported the judgment.
Land law — trespass to registered land — proof by evidence and locus visit; Procedural fairness — condemned unheard, locus and participation; Kibanja interest — burden of proof; Civil Procedure — ex parte proceedings under O.9 r.10 and preliminary judgments; Miscarriage of justice — material prejudice required to set aside judgment
|
21 August 2019 |
|
A caveator must show a legal/equitable interest and actively defend a caveat; failure to do so allows the court to vacate it.
Registration of Titles Act s.140(1) – Caveats – Requirement of legal or equitable interest – Onus on caveator to show cause to sustain caveat – Default/non-response treated as admission – Vacation of caveat
|
20 August 2019 |
|
|
6 August 2019 |
| July 2019 |
|
|
Review granted where judgment was given despite pending related proceedings and an unresolved joinder application; rehearing ordered.
Civil procedure – Review – Order 46 CPR and Section 82 Civil Procedure Act – who is an aggrieved person and entitlement to review. Locus standi – pending related proceedings and joinder application as basis for standing to seek review
Pleadings – Notice of Motion prolixity – sufficiency of general grounds and supporting affidavit. Review on face of record – apparent error where judgment affects interests of parties in pending/test proceedings
Remedy – setting aside judgment and ordering rehearing de novo; costs awarded to successful reviewer
|
19 July 2019 |
|
Applicant with pending joinder and test-suit interests entitled to review; judgment set aside for rehearing de novo.
Civil procedure — Review under Order 46/Section 82 — Aggrieved person and locus standi — Joinder and test-suit doctrine — Error apparent on the face of the record — Setting aside judgment and rehearing de novo
|
17 July 2019 |
|
Court allowed amendment of plaint under O.6 r.19, finding it a minor correction and not a new cause of action.
Civil procedure – Amendment of pleadings (O.6 r.19) – Discretion to allow amendments to determine real issues; single supporting affidavit sufficient; amendment that corrects minor error not a new cause of action; respondent claiming ownership to prove same in main suit.
|
15 July 2019 |
|
Plaintiff proved equitable ownership by payment and possession and succeeded against defendants for trespass, damages and a permanent injunction.
Land law — equitable interest passes on payment; burden of proof in civil claims; trespass to land; remedies — declaration, damages, injunction
|
12 July 2019 |
|
Duress not proved; trial court's finding of 0.75 decimals and Ugsh.5,000,000/- damages upheld; interest awarded on judgment sum.
Contracts — Duress — Proof requires protest and prompt steps to rescind; failure to act may validate agreement
Civil procedure — Appeal — Interference with discretionary award of general damages only when wrong principle or manifestly erroneous amount
Interest — Awarded on judgment sum to protect against inflation
|
12 July 2019 |
|
Whether a land transfer signed under alleged duress vitiates the agreement and whether awarded damages were adequate.
Land law – sale/transfer/subdivision – allegation of duress – evidentiary factors (protest, promptness, available remedies) – appellate re-evaluation of findings; general damages – discretionary assessment and interference threshold; interest on judgment
|
12 July 2019 |
|
Transfer of mortgaged land was void for statutory irregularities and bank’s bad faith; purchaser failed due diligence.
Land law – mortgage sale – duty of mortgagee to revalue and obtain true market price; Registration of Titles Act s.148 – requirement of signatures in Latin characters; Stamps Act s.42 – instruments chargeable with duty must be stamped before registration; banker–customer duty – notice before blocking account and right to redeem; res judicata – jurisdictional competence of preceding court.
|
10 July 2019 |
|
Court set aside an allegedly fraudulent mortgage sale and transfer, restoring title and awarding damages for bank's misconduct.
Land law – mortgagee's sale – validity of transfer – signatures in Latin character – stamp duty statutory requirement – due diligence of purchaser – banker–customer duties and blocking of accounts – res judicata and jurisdiction
|
10 July 2019 |
|
Dismissal for want of prosecution set aside and suit reinstated; prompt, diligent application outweighed inadequate 'sufficient cause' evidence.
Civil Procedure – Order 9 r.17 and r.23 – dismissal for want of prosecution – setting aside dismissal – 'sufficient cause' – presence in court but failure to hear call – prompt application and diligence
|
9 July 2019 |
|
Dismissal under O.9 r.17 was set aside where applicants promptly sought reinstatement and showed intent to prosecute despite inadequate excuse.
Civil procedure – Order 9 r.17 dismissal for non-appearance – remedy under Order 9 r.23 – "sufficient cause" for setting aside dismissal – requirement of honest intention to attend and diligence in prosecuting the suit.
|
9 July 2019 |
|
Application for security for costs dismissed: suit not frivolous and respondent’s inability to pay was not proven.
Civil procedure – Security for costs – O.26 r.1 CPR – Namboro test: whether suit is frivolous/vexatious and whether defendant has a prima facie defence
Companies – Section 284 Companies Act considered but inapplicable to unlimited companies and not determinative of security for costs
Evidence – Burden to prove inability to pay; absence of assets/directors within jurisdiction is speculative without supporting evidence (no insolvent proceedings or unsatisfied decree)
Procedure – Challenges to affidavits and allegations of attorney incapacity require proof or cross-examination, not mere assertion
|
8 July 2019 |
|
Application to substitute a non-existent defendant via amendment dismissed; non-party affidavit expunged.
Civil procedure – amendment of pleadings (Order 6 r19) – substitution of parties (Order 1 r10(2)) – non-existent party – action a nullity – affidavit by non-party expunged for lack of authority.
|
6 July 2019 |
|
An appeal filed one day late and without leave is incompetent; advocate-sworn affidavits in contentious matters are inadmissible.
Civil procedure — Appeals — Time for lodging appeals under Section 79 Civil Procedure Act — Record of proceedings availability — Certificate of correctness — Appeal filed one day late incompetent without leave; Service of memorandum of appeal — proof by affidavit of service; Advocates (Professional Conduct) Regulations — Regulation 9 prohibits advocates swearing affidavits in contentious matters — late filing of affidavits
|
5 July 2019 |
| June 2019 |
|
|
Whether a temporary injunction preserving the status quo can lawfully restrain construction and access road alteration.
Civil procedure – temporary injunction – preservation of status quo – locus visit findings – injunction restraining sale, disposal, construction or removal of caveat – review under O.46 CPR – access road disputes
|
14 June 2019 |
|
Application to amend defence and add counterclaim dismissed for wrong procedure, delay, and prejudicial change of cause of action.
Civil procedure – Amendment of pleadings – Order 6 r19 – Applications under O.6 rr18,19 & 22 require summons in chambers – Wrong procedure fatal – Amendments that change cause of action or introduce counterclaim prejudicial and disallowed – Delay and failure to attach proposed pleading relevant
|
14 June 2019 |
|
Non-party purchasers lacked standing to challenge a pre-existing injunction; application incompetent and dismissed with costs.
Civil procedure — temporary injunction — encumbrance registered on title — competence/locus of non-party purchasers to challenge injunction — removal of encumbrance by Land Registrar — contempt for post-injunction transfers
|
13 June 2019 |
|
Consent judgment determining non‑party’s land title without hearing set aside for violating right to be heard.
Civil procedure — Review and setting aside of consent judgment — Judgment in rem binding non‑parties — Right to be heard — Consent obtained without hearing may be set aside for circumventing court process
|
11 June 2019 |
|
A consent judgment excluding a necessary co-defendant procured by collusion was reviewable and set aside to protect equitable interests.
Civil procedure – Review of consent judgment – Section 82 Civil Procedure Act; O.46 r.1 – Necessary party under O.1 r.10(2) – Consent procured by collusion/fraud – Court policy to avoid multiplicity of suits – Setting aside consent orders
|
5 June 2019 |
| May 2019 |
|
|
Section 166 RTA cannot be used to vest estate land to beneficiaries where an administrator is already registered; succession remedies apply.
Land law — Vesting orders — Section 166 Registration of Titles Act — Vesting to trustees vs beneficiaries — Administrators already on title — Succession law remedies — Clean hands doctrine
|
30 May 2019 |
|
Caveat process predated injunction; no contempt, injunction extended and caveat maintained pending main suit.
Civil contempt — requirements: lawful order, knowledge, disobedience — caveat registration process — timing of lodgment v. injunction — maintenance of status quo — extension of injunction; caveat maintained pending main suit
|
29 May 2019 |
|
Appeal allowed: no proven access road, no trespass, demolition order and damages set aside; locus visit procedurally flawed.
Land law – title and ownership – proof of access way – failure to produce municipal/survey evidence; Trespass – requirement to prove pre-existing right of way; Remedies – demolition and damages not available where access right unproved; Procedure – locus visit must follow Practice Direction and record proceedings
|
29 May 2019 |
|
Refusal to sign transfer forms amounted to contempt; court ordered signing, fined respondents and imposed suspended committal.
Contempt of court — disobedience to mandatory order — elements: existence of order, knowledge, ability to comply, failure to comply — unopposed affidavits treated as admitted — remedies: order to perform, fine, suspended committal; damages not routinely awarded in contempt proceedings
|
17 May 2019 |
|
|
10 May 2019 |
|
Transfer of family kibanja without spouse/children consent and without payment is void; appeal allowed with costs.
Land law – family land – validity of inter vivos transfer – Land Act ss.38A, 39, 40 – requirement of spouse/children consent – consideration requirement – nullity of illegal dealings – appellate re-evaluation of evidence
|
9 May 2019 |
|
Review succeeded: newly discovered ownership evidence warranted joinder of the applicant and a fresh retrial.
Civil procedure – Review for discovery of new evidence (O.46 r1, r3) – Strict proof required – Misjoinder/wrong party sued; retrial ordered and owner to be joined; costs
|
8 May 2019 |
|
Fraudulent registration of title defeats indefeasibility; certificate cancelled and title restored with damages and costs.
Land law – Indefeasibility of title – Fraud vitiating registered title – Cancellation of certificate under s.177 Registration of Titles Act – Mortgage and bank due diligence – Substituted service and default judgment
|
7 May 2019 |