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Citation
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Judgment date
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| January 2021 |
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Application to amend defence dismissed because proposed amendments introduced new facts and prejudiced the respondent.
Civil procedure – Amendment of pleadings – Leave to amend written statement of defence – Whether proposed amendment introduces new cause of action – Prejudice to respondent and impermissible requirement to amend plaint – O.5/O.6 r19 & r31 CPR – Authorities on amendments.
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29 January 2021 |
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Notice of Motion served out of time and High Court lacks revisionary jurisdiction over Town Council orders; application dismissed.
Civil procedure – Service of Notice of Motion – O.5 r.1(2) – service must be effected within 21 days of issue; failure to serve is fatal; Affidavit evidence – hearsay insufficient to controvert sworn non-service; Revision – Section 83 Civil Procedure Act limits High Court revision to Magistrates' Courts; Town Council orders not revisable by High Court; Procedural compliance – failure to seek extension of time or state legal basis renders application incompetent.
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28 January 2021 |
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Caveat removal application dismissed for failure to prove statutory service and failure to join the caveator, who had a pleaded interest.
* Registration of Titles Act – caveats – requirement to specify interest – sufficiency of statutory declaration; * Registration of Titles Act s140 – Registrar’s notice to caveator – requirement of personal service/proof of service; * Right to be heard – necessity to join caveator where caveat affects his asserted equitable interest; * Pending related suit concerning same land – effect on caveat removal application.
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25 January 2021 |
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Appellate court upheld that respondent’s inherited bona fide occupancy under the Land Act defeats appellant’s trespass claim; appeal dismissed with costs.
Land law – bona fide occupant – occupation unchallenged for 12+ years – s.29(2)(a) Land Act; inheritance of occupancy – s.34(2) Land Act; registered title vs statutory occupancy protection; burden of proof – sections 101–103 Evidence Act; evidential weight of locus visit.
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22 January 2021 |
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Appeal dismissed as incompetent for failure to obtain statutory leave to appeal from magistrate’s orders.
Civil procedure – appeals from Magistrates’ Courts – Section 76(1) Civil Procedure Act; Order 44 Civil Procedure Rules – requirement for leave to appeal where no statutory right of appeal; Order 52 applications – orders not attracting automatic right of appeal; jurisdictional competence; failure to seek leave in trial court renders appeal incompetent.
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22 January 2021 |
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Appeal dismissed as time-barred and procedurally defective due to an unpermitted amended memorandum and argumentative grounds.
Appeals — time limits under section 79 Civil Procedure Act — requirement to show good cause for late filing; Appeals — amendment of memorandum of appeal requires leave of court (Order 6/Order 43) — improper amendments rendered appeal incompetent; Civil Procedure — grounds of appeal must be concise and non-argumentative (Order 43 Rule 1(2)); Appellate review — role as rehearing but procedural compliance is mandatory before merits considered.
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22 January 2021 |
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Application to remove caveat and order subdivision dismissed due to contradictory affidavits and lack of specific particulars.
* Land law – Caveat – Removal – Applicant must specify the caveat and produce supporting search particulars; contradictory affidavits vitiate summary relief.
* Civil procedure – Motions on affidavit – When material disputes of fact and credibility require oral evidence, the matter should proceed by ordinary plaint and trial.
* Land law – Subdivision/appointment of surveyor – Disputed factual matrix and competing title acts defeat summary appointment.
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22 January 2021 |
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Caveats give temporary protection; a caveator must promptly institute proceedings or the caveat will lapse.
Land law – Caveat – Requirement for caveatable interest and duty to show cause under Registration of Titles Act s.140(1) – Caveat as temporary protection – Obligation to institute substantive proceedings: delay and COVID‑19 considered – Conditional lapse of caveat if no suit filed within fixed time.
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21 January 2021 |
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A registrar lacks jurisdiction to dismiss a part‑heard suit; such dismissal is a nullity and the suit remains pending.
Civil procedure — Registrar powers — Order 50 CPR does not authorize Registrars to dismiss part-heard suits; dismissal under Order 17 r.6 by a registrar without jurisdiction is a nullity; procedural mis‑citation (O.9 r.23) not necessarily incurable.
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21 January 2021 |
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The plaintiff who purchased the land was entitled to recovery, declaration of trespass, UGX36,000,000 damages and costs.
Land law – ownership by purchase and transfer – vacant possession and title as proof of ownership; Trespass – unauthorised entry and interference with possession; Remedies – declaration of trespass, order for recovery, general damages and costs; Ex parte judgment where defendants failed to enter defence.
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21 January 2021 |
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Court reinstated dismissed suit subject to UGX30,000,000 security for costs; each party to bear own costs.
Civil procedure – setting aside dismissal – reinstatement of suit – unopposed application – security for costs as condition for reinstatement to prevent abuse and backlog – costs: each party bears own costs.
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21 January 2021 |
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The applicants successfully annulled a fraudulent post-mortem transfer, reclaimed title, and obtained damages, interest and costs.
Land law – Title obtained by fraud – Post-mortem transfer of certificate of title – Administrators’ locus to challenge registration – Cancellation of registration and transfer to administrators; award of general damages, interest and costs.
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21 January 2021 |
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A third party omitted from proceedings may obtain review limited to the affected property for denial of a fair hearing.
Civil Procedure — Review — O.46 r1 — mistake or error apparent on the face of the record; Third-party review — aggrieved proprietor; Constitutional right to fair hearing — failure to join party; Relief limited to affected property; Costs awarded for partial success.
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21 January 2021 |
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Contempt claim dismissed for failure to prove respondents disobeyed land-allocation order; fresh trespass suit advised.
* Contempt of court – alleged disobedience of LCIII and High Court orders – requirement to prove occupation of the portion decreed to applicant. * Interpretation of subordinate court order – allocation between widow and clan; absence of reversion clause. * Appropriate remedy – contempt proceedings not suitable to challenge title; fresh civil suit for trespass advised.
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20 January 2021 |
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Applicants failed to prove fraud; respondents who purchased without notice hold indefeasible title as bona fide purchasers.
Land law – indefeasibility of title – bona fide purchaser for value without notice; Succession and administration – letters of administration later annulled for fraud; Proof of fraud – must be specifically pleaded and strictly proved; Evidential burden – failure to call Land Registration official and vendor weakens fraud claim; Caveat and white page discrepancies – not determinative absent notice to purchaser.
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20 January 2021 |
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20 January 2021 |
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Plaintiffs failed to prove fraud; subsequent bona fide purchasers’ registered titles are protected and claims dismissed.
Registration of Titles – indefeasibility of title; bona fide purchaser for value without notice; revoked letters of administration and effect on subsequent purchasers; burden and strict proof of fraud; caveat as encumbrance not bar to transfer.
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20 January 2021 |
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Forged title cancelled; estate administrators declared owners; 1st defendant recognised as bona fide occupant of half an acre.
* Land law – title – forgery of certificate of title – forged instrument number and absent registry records; registry concession to cancel title.
* Equity and remedies – cancellation of title, declaratory relief and permanent injunctions where title procured by fraud.
* Possession – bona fide occupant protection under s.29(2)(a) of the Land Act; limited occupancy recognised despite fraud affecting title.
* Agency/privy – beneficiary or participant in fraudulent acquisition may be held privy and deprived of proprietary claims.
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19 January 2021 |
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Plaintiff failed to prove title; hand‑over document invalid and defendants lawfully possess the land.
Land law – customary tenure v Kibanja – characterization of unregistered land; Evidence – authenticity of written family hand‑over document; Possession – continuous occupation, gifts and purchases; Burden of proof – plaintiff’s duty to establish vendor title and document authenticity; Due diligence in land transactions; Reliefs – eviction and declarations denied where title unproved.
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19 January 2021 |
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Court must consider the applicant’s pending discovery and may extend time before declaring a suit abated.
* Civil procedure – Order XIA Civil Procedure Amendment Rules 2019 – requirement to take out summons for directions within 28 days.
* Extension of time – Order XIA r 1(5) – court may extend 28-day period where discovery of documents is required, on application or suo motu.
* Abatement – a suit should not be declared abated without considering pending applications that engage exceptions or extensions under Order XIA.
* Duty of court – Registrar/Deputy Registrar must study the file and exercise discretion judiciously before ordering abatement.
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11 January 2021 |
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A temporary injunction preserves the status quo where the applicant in possession shows a prima facie case and irreparable harm.
Land law – temporary injunctions – preservation of status quo pending substantive suit – prima facie case, irreparable injury and balance of convenience – interlocutory court must not determine title – damages may be inadequate for land recovery.
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11 January 2021 |