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Citation
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Judgment date
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| November 2024 |
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29 November 2024 |
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A planning dispute raised whether a cause of action existed and if local remedies had been exhausted before court proceedings.
Civil procedure – Application for striking out plaint – Cause of action – Exhaustion of local remedies – Affidavit authorization – Security for costs – Physical Planning Act and Building Control Act; planning dispute; ownership interest; procedural defect; court’s liberal approach to affidavits.
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29 November 2024 |
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29 November 2024 |
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Court finds plaintiffs lawful owners; defendant trespassed; orders eviction, demolition and UGX 20,000,000 damages with interest.
* Land law – ownership by allocation from estate – allocation letters and certificate of occupancy as proof of title.
* Trespass – unlawful entry and encroachment proven by documentary evidence, witness testimony and locus in quo inspection.
* Remedies – declaratory relief, permanent injunction, eviction, demolition of structures, award of general damages and interest; costs follow the event.
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29 November 2024 |
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Court substituted respondent as legal representative and granted eviction over land exceeding the decreed 0.15 acres.
Civil procedure – substitution of deceased judgment-debtor with successor for purposes of execution (Section 37 Civil Procedure Act); grant of limited letters of administration under Section 222 Succession Act; consequential orders to give effect to declaratory judgment (eviction for land in excess of decretal entitlement); exercise of court’s discretion to admit late affidavit under Section 98 Civil Procedure Act.
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29 November 2024 |
Land Suit—sale of land—ownership dispute—purchase—contract breach—failure to transfer—subdivision—sale to third party—due diligence—fraud & trespass allegations—prior litigation—res judicata—specific performance—damages
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28 November 2024 |
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28 November 2024 |
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An application for joinder as defendant was dismissed due to failure to provide documentary proof of interest in disputed land.
Land law – application for joinder as defendant – failure to provide documentary proof of interest in suit property – necessity of evidence to demonstrate legal interest for joinder – dismissal for lack of evidentiary support.
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26 November 2024 |
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The court ordered a respondent joined as a defendant to ensure complete adjudication over disputed land and avoid multiple suits.
Civil procedure – Joinder of parties – Necessary party for complete adjudication – Amendment of plaint – Avoidance of multiplicity of suits.
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25 November 2024 |
Effect of recall of summons—non-service allegations—written statement of defence validity after recall—review application—mistake or error apparent on record—due diligence—jurisdiction of registrar
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25 November 2024 |
Land Law—vesting orders—section 167 RTA—conditions for issuance—completed purchase—possession—vendor's acquiescence—jurisdictional prerequisites—Registrar of Titles—mandatory initial application—preliminary objection—procedural impropriety—immature application—dismissal—costs.
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22 November 2024 |
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Application dismissed due to non-service on respondents and non-appearance by applicants at scheduled hearing.
Civil procedure – dismissal – lack of service of application – non-appearance of parties – dismissal for want of prosecution – Order 5 and Order 9 rule 17 Civil Procedure Rules.
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21 November 2024 |
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Application dismissed for lack of service on respondents and non-appearance by the applicants at the hearing.
Civil procedure – application not served – non-appearance of parties – dismissal for want of prosecution – Order 5 and Order 9 rule 17 of the Civil Procedure Rules.
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21 November 2024 |
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Application for consolidation of suits dismissed due to failure to file affidavit of service as required by procedure.
Civil procedure – Application for consolidation of suits – Requirement for affidavit of service – Dismissal for want of prosecution – Order 9 rule 17 of the Civil Procedure Rules.
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20 November 2024 |
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Disputes on matrimonial property division must be tried as ordinary suits, not determined by affidavit in miscellaneous causes.
Matrimonial property – division of property after dissolution of marriage – procedure – whether ownership disputes can be resolved by affidavit in a miscellaneous cause – necessity of ordinary plaint in cases involving factual disputes.
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19 November 2024 |
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The court allowed joinder of new defendants following alleged fraudulent transfer of suit land during the pendency of proceedings.
Civil procedure – Joinder of parties – Application to join transferees of property as defendants – Necessary parties – O.1 r.10 CPR – Fraudulent transfer of land – Amendment of pleadings.
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18 November 2024 |
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Joinder of subsequent land transferees as defendants was permitted to ensure complete adjudication of a fraud claim.
Civil procedure – joinder of parties – necessary and proper parties – amendment of pleadings – fraudulent transfer of land – effect of subsequent registration on existing claims.
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18 November 2024 |
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15 November 2024 |
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Applicant granted leave to tax advocate-client bills after court finds relationship, services rendered, and non-payment.
Advocates Act – advocate-client relationship – proof by instructions and conduct – taxation of advocate-client bill of costs – service of bill by email – leave to present bills for taxation; costs follow the event.
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15 November 2024 |
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15 November 2024 |
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15 November 2024 |
Land law—ownership dispute—cancellation of special certificate of title—function of the Commissioner Land Registration—functus officio—historical transactions—dispute of fact—proper forum—full trial—dismissal—costs
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15 November 2024 |
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Sale agreement held invalid for non‑compliance with Illiterates Protection Act and lack of valid consent; refund ordered.
Land law – sale agreement – validity – Illiterates Protection Act: mandatory certificate of reading/translation; consensus ad idem and consideration; capacity and consent of registered owner; parol evidence rule cannot override mandatory Illiterates Protection Act; fraud allegations require high burden of proof; restitution where void contract resulted in unjust enrichment.
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14 November 2024 |
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Court found partial success for applicant, ordered fresh public hearing and re-survey due to titling and survey errors; respondent partly time-barred.
Land law – trespass and possessory actions – limitation periods for recovery of land – defective surveys and irregular special certificates of title – powers of Registrar General to re-survey, hold public hearings and correct titles.
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13 November 2024 |
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Registered title prevails; purchaser who fails due diligence and relies on defective kibanja becomes a trespasser and is liable for damages.
Land law – registered title versus subsequent kibanja claims; bona fide purchaser protection; duty of due diligence by purchaser; trespass and remedies – declaration, injunction, valuation, conditional eviction, damages and costs.
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13 November 2024 |
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A conditional stay of execution was granted pending appeal, subject to the applicant depositing security for due performance.
Civil procedure – stay of execution pending appeal – substantial loss – security for due performance of decree – threat of execution – balance of convenience – timeliness of application.
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13 November 2024 |
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Court conditionally stayed execution pending appeal, ordering UGX 80,000,000 security to protect respondent and safeguard the appeal.
Stay of execution – conditions for grant pending appeal – substantial loss (threat to personal liberty by arrest) – timely application – security for due performance required – arguable appeal – conditional stay on deposit of UGX 80,000,000.
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13 November 2024 |
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Court conditionally stayed execution pending appeal subject to deposit of UGX 80,000,000 as security.
Stay of execution pending appeal – conditions under Order 43 rule 4: substantial loss; no unreasonable delay; security for due performance; appeal arguable; balance of hardships; execution by arrest and protection of liberty.
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13 November 2024 |
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Prior judgment and executed vacant possession established plaintiff's ownership; defendant trespassed and committed contempt, ordered evicted and damages awarded.
Land law – ownership and execution of decree; trespass and contempt for occupying land after valid execution; duties of due diligence in land purchase; rectification of title and fresh survey where subdivision errors occur.
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13 November 2024 |
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Application to substitute administrators of a deceased's estate as counter defendants allowed; matter referred to mediation and no costs awarded.
Civil Procedure – Substitution of deceased party – Administrators of estate – Application for substitution – Concession by parties – Costs – Referral to mediation
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12 November 2024 |
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11 November 2024 |
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Court appointed a legal representative for a deceased’s estate to enable beneficiaries to pursue claims relating to disputed transactions.
Succession law – appointment of legal representative ad litem for deceased’s estate – requirements and discretion of the court – necessity for ensuring beneficiaries’ right to be heard and pursuit of claims against the estate.
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11 November 2024 |
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A third party must prove a legal grievance and nexus to the title to review a consent judgment; failure to do so warrants dismissal.
* Civil procedure – Review of consent judgment – availability to third parties – requirement to show a legal grievance and locus to seek review under Section 82 CPA and Order 46 CPR.
* Land law – disputed proprietorship – necessity of documentary proof (letters of administration, transfer nexus) to establish aggrievement.
* Review grounds – new evidence, mistake apparent on face of record, fraud/collusion must be proved; unproven allegations better pursued in separate substantive suit.
* Procedural remedy – dismissal of review where applicant fails to prove aggrievement or any reviewable ground; costs awarded to respondents.
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8 November 2024 |
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Preliminary objection dismissed: respondents have locus standi and lis pendens not established; ownership requires full trial.
Civil procedure – preliminary objections – locus standi in land disputes; lis pendens – tests for multiplicity of suits; limitations of preliminary objections where factual evidence is required; determination of ownership requires trial evidence under the Evidence Act; transactions in estate land and effect of lack of letters of administration.
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7 November 2024 |
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Applicant’s stay sought under Human Rights Act and stay provisions denied because the Act is non‑retrospective and parties/matters differ.
Human Rights (Enforcement) Act 2019 – s.8(1) non-retrospective application; Civil Procedure Act – s.6 stay requires same parties and directly/substantially same matter; Inherent jurisdiction and s.98 CPA – discretionary, not justified where parties/matters differ.
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7 November 2024 |
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Applicant has locus standi; counterclaim solely against co-defendant is not maintainable under Order 8 CPR.
* Civil procedure – Counterclaim – Whether a defendant may set up a counterclaim solely against a co-defendant – Order 8 CPR – Counterclaim as cross-action challenging plaintiff's claim.
* Locus standi – Spousal interest in property – alleged unlawful mortgage confers sufficient interest to challenge procedural irregularity.
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7 November 2024 |
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An appeal dismissed for non-service upon a deceased respondent was reinstated and transferred to the proper court circuit.
Civil procedure – appeal – dismissal for non-service due to death of respondent – reinstatement – substitution of deceased party – transfer of appeal to proper forum.
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5 November 2024 |
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A court will not set aside a dismissal and reinstate a suit without sufficient cause, despite consent between counsel.
Civil Procedure – Setting aside dismissal – Non-attendance of parties – Reinstatement of suit – Sufficient cause – Consent orders between advocates – Order 9 Civil Procedure Rules – Diligence in prosecuting claims.
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4 November 2024 |
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1 November 2024 |