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Citation
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Judgment date
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| February 2021 |
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Court finds defendant’s registration fraudulently procured, declares trespass, orders title rectification, damages (UGX 35,000,000) and costs.
Land law – title obtained by fraud – evidential burden under Evidence Act s.103; Trespass as a continuous tort and limitation; Registration of Titles Act s.177 – cancellation/rectification of title; Damages for unlawful possession and contempt of injunctive orders.
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26 February 2021 |
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25 February 2021 |
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The respondent lawfully acquired a kibanja before title registration and is not a trespasser; counterclaim succeeds with declarations, injunction and damages.
* Land law – unregistered kibanja interests – protection of bona fide occupants and purchasers under the Land Act and Land Amendment Act (sections 29(5), 31, 35(8)).
* Evidence – burden of proof and credibility – applicant's contradictions undermining claimed title superiority.
* Relief – dismissal of trespass claim; declaratory relief, permanent injunction, general damages and costs to successful counterclaimant.
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25 February 2021 |
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The respondent lawfully acquired a kibanja; the applicant’s trespass claim is dismissed and the respondent’s counterclaim succeeds.
* Land law – kibanja (unregistered occupancy interest) – protection of bona fide purchaser/occupant under the Land Act and Land Amendment Act.
* Evidence – credibility and contradictions – assessment on the balance of probabilities.
* Remedies – declaration, injunction, damages and costs on successful counterclaim.
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25 February 2021 |
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22 February 2021 |
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18 February 2021 |
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18 February 2021 |
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A suit filed by a company not recognised by the Registrar lacks a cause of action and is struck out.
* Civil procedure – striking out plaint – Order 6 Rule 30 CPR – plaint must disclose reasonable cause of action.
* Company law – legal personality and capacity to sue – effect of Registrar General/URSB decision on corporate existence.
* Procedural relief – stay of proceedings – cannot be granted where plaintiff lacks legal status to sue.
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12 February 2021 |
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Plaintiff's fraud-based land claim not time-barred; preliminary objections dismissed and suit ordered to proceed.
* Civil procedure – preliminary objections – smuggled pleadings – held properly before court following compliance with directions.
* Limitation – fraud exception – time runs from discovery; pleaded 2015 discovery defeats limitation plea.
* Pleadings – sufficiency – plaint and annexures plead ownership, violation, fraud and collusion; cause of action disclosed.
* Locus standi – beneficiary of alleged transfer has standing to sue.
* Privity – cannot be determined on preliminary objection; reserved for full trial.
* Statutory notice – non‑compliance not fatal under current authority.
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12 February 2021 |
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Registered proprietors deprived of land by an unopposed decree are aggrieved and entitled to review where denied a hearing.
* Civil procedure — Review (s.82 Civil Procedure Act; O.46) — Whether third-party registered proprietors are "aggrieved persons"; failure to join or notify affected registered proprietors as error apparent on face of record; sufficient reason to review where property rights affected. * Constitutional law — Property — Article 26(2) — Protection against compulsory deprivation of property without due process. * Land registration — Effect of court decree on titles and Registrar's duty to execute cancellation subject to affected parties' right to be heard.
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12 February 2021 |
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Appellant's long possession and valid inter vivos gift prevail; admission of an unproved will vitiated the trial judgment.
Land law – gift inter vivos – elements and proof; Lawful/bonafide occupation – long possession under the Land Act; Evidence – proof and admissibility of wills; Illegality – admission of unproved document vitiates trial judgment; Equitable rights – unregistered but effective rights against the world.
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11 February 2021 |
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Beneficiary failed to prove fraud; transferee held bona fide purchaser and suit for recovery of estate land dismissed.
Land law – bona fide purchaser for value; Registration of Titles Act – s.59 and s.181; caveat and withdrawal of caveat; letters of administration and revocation (Succession Act); proof of fraud; locus of beneficiary to sue for recovery of estate land.
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10 February 2021 |
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Applicant’s registered lease reinstated after cancellation set aside for failure to accord the applicant a fair hearing.
* Civil review – Section 82 CPA and Order 46 r.1 CPR – review for error apparent on face of record and discovery of new evidence.
* Constitutional right to fair hearing – necessity to make affected lessee a party before cancelling registered lease.
* Company affidavits – necessity for deponents to show authority to depose on behalf of corporate applicant.
* Remedy – setting aside cancellation, reinstatement of registered lease, hearing inter partes.
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9 February 2021 |
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Court vacated two caveats but preserved the first respondent’s caveat pending a substantive suit within 60 days.
* Land law – caveats – vacation of caveat – temporary protective measure under Registration of Titles Act s.139. * Civil procedure – insufficiency of motion with affidavits to determine competing proprietary rights – requirement for substantive suit by plaint. * Beneficiary claims under a will – retention of caveat pending adjudication.
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8 February 2021 |
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Proceedings held without joining the registered proprietor and without mandatory pre‑trial conference were irregular and set aside.
* Land law – Proprietorship v trespass – plaint seeking declaration of lawful/bonafide occupancy as primary claim – trespass secondary.
* Civil procedure – Mandatory scheduling conference – Order 12 rule 1 CPR – duty of court to hold and adopt/revise joint scheduling memorandum.
* Civil procedure – Joinder of parties – Order 1 rule 3 CPR – registered proprietors must be joined where proprietorship is challenged.
* Registration of Titles Act (cap 230) s.59 – certificate of title conclusive proof of ownership; proceedings without registered proprietor breach natural justice.
* Remedy – Proceedings and judgment set aside; fresh suit advised; each party to bear own costs.
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8 February 2021 |
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Failure to file the mandatory estate inventory defeats the plaintiffs’ cause of action; plaint rejected and suit dismissed with costs.
Succession law – mandatory filing of inventory under section 278(1) – failure to file or seek court extension defeats cause of action; plaint rejected under Order 7 r.11 CPR; suit dismissed with costs; administrators’ duties and procedural compliance.
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8 February 2021 |
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Plaintiff failed to prove fraudulent registration or transfer; suit dismissed and plaintiff ordered to bear costs.
* Land registration – Allegation of fraudulent procurement of letters of administration and fraudulent registration of land titles; * Evidentiary requirements – necessity of certified court/administration records to prove alleged fraud; * Registration of powers of attorney – presumption and timing under s.146 Registration of Titles Act; * Caveats – validity depends on authority to act; * Transfer of title – burden to prove transaction and passage of title to transferee.
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8 February 2021 |
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Prior possession plus a valid purchase defeats titles and registrations derived from fraud; fraudulent grants and tainted transfers are void.
Land law – purchase and possession – adverse possession; Registration of Titles – indefeasibility defeated by fraud in procurement of administration grant; Administrators’ grant obtained by misrepresentation; Bona fide purchaser protection negated by notice of prior occupation.
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5 February 2021 |
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Court permitted amendment to join the property custodian where amendment challenged allocation cancellation and raised no new cause of action.
Amendment of pleadings – adding necessary parties – whether proposed amendment introduces new cause of action – cancellation of allocation by property custodian – necessity to join custodian to avoid multiplicity of suits.
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4 February 2021 |
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Beneficiary caveats protect equitable interests and cannot be removed without a court order or hearing for the caveator.
Registration of Titles Act – Caveats – beneficiary caveat; protectable equitable interest; beneficiary caveat removable only by caveator or court order; procedural fairness and right to be heard before removal; Registrar justified in refusing removal absent opportunity to show cause.
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4 February 2021 |
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Revision allowed: agent’s affidavit competent; Wakiso Magistrate lacked geographical jurisdiction, judgment set aside.
Civil procedure – Revision under section 83 CPA – scope limited to jurisdictional and irregular exercise of jurisdiction; Affidavits – competence where agent holds power of attorney; Magistrates’ jurisdiction – pecuniary limits and geographical/local limits; Nullity of proceedings for lack of geographical jurisdiction.
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4 February 2021 |
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1 February 2021 |
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Court held the applicant's affidavit competent, plaint discloses cause of action and locus standi issues are premature.
Civil procedure – interlocutory application in land suit; competence of affidavit sworn in personal capacity; plaint discloses cause of action; locus standi and nature of suit land premature for interlocutory determination; plaint not barred by law; costs in the cause.
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1 February 2021 |
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Applicant entitled to refund for unjust enrichment despite breach; interest at 18% and respondent to pay 50% of costs.
Contract law – interpretation, waiver and estoppel; breach for non-payment of instalments; unjust enrichment – money had and received; restitutionary remedy; award of interest and apportionment of costs.
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1 February 2021 |