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Citation
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Judgment date
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| January 2025 |
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20 January 2025 |
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20 January 2025 |
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16 January 2025 |
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16 January 2025 |
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16 January 2025 |
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16 January 2025 |
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14 January 2025 |
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13 January 2025 |
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13 January 2025 |
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13 January 2025 |
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Plaintiff failed to acquire title due to breach of payment terms and procedural irregularities; limited damages awarded against seller.
Land law – sale of expropriated property – bidder’s failure to pay – effect on equitable interest; contract validity – lack of authority to sign and procedural non-compliance renders contract unenforceable; administrative remedy – necessity to challenge certificate of purchase within statutory period; remedies – damages for wrongful eviction and failure to refund deposit.
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6 January 2025 |
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Whether family land wrongly included in another title can be restored and transfers cancelled due to fraud and irregular title creation.
Land law – family land and ordinary residence – wrongful inclusion of family kibanja in a special certificate – irregular creation of special certificate and subdivisions – lack of authority by beneficiary of estate; Contract law – validity of MOU, duress and consent – failure to prove coercion; Fraud – concealment of material facts vitiating transactions; Purchaser protection – bona fide purchaser doctrine and duty of due diligence; Remedies – cancellation of titles, restoration, fresh survey, refund, damages and costs.
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6 January 2025 |
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Court held defendant lawful owner, plaintiffs trespassers; audio evidence expunged for lack of authenticity and transcript.
Land law – ownership and possession – conflicting sale agreements and burden of proof; trespass – requirement of proof of title or possession; admissibility of electronic/audio evidence – authenticity, intelligibility and necessity of accurate English transcript under the Electronic Transactions Act and Civil Procedure Act; remedies – damages, injunctions and costs.
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6 January 2025 |
| December 2024 |
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23 December 2024 |
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Plaintiff's witnessed gift and possession established; defendants with no proved title were trespassers and liable for damages.
Land law – gift inter vivos and equitable/possessory rights; trespass to land – proof of possession and unlawful entry; requirement of due diligence and credible title evidence; failure to tender/certify documents and absent witnesses; remedies: eviction, injunction, general and exemplary damages, interest and costs.
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19 December 2024 |
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Void tenancy following PPDA annulment; plaintiff partly compensated for unauthorized renovations (UGX 54,000,000).
Land/procurement – Tenancy arising from public procurement – PPDA Appeals Tribunal annulment; Attorney General clearance mandatory; KCCA permit scope and revocation; renovations beyond permit; void contract consequences; special damages for partial works.
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19 December 2024 |
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Appeal dismissed: registered proprietor’s title upheld but respondent’s Kibanja revisionary right preserved for lack of first option.
Land law — Kibanja/revisionary interests — occupier’s first option to purchase — impeachment of registered title for fraud — trespass and boundaries — appellate re-evaluation of trial evidence.
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12 December 2024 |
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10 December 2024 |
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10 December 2024 |
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Whether a market stall was matrimonial family land and if a spouse's sale without consent was void under the Land Act.
Land law — Matrimonial/family land — Definition of matrimonial home and ordinary residence; proof of contribution and possession — Sections 38A and 39 Land Act — Restriction on transfer without spouse's consent — Effect of sale without consent (void) — Purchaser of unregistered land and constructive notice — Appellate review of locus in quo evidence and evaluation of credibility on first appeal.
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9 December 2024 |
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9 December 2024 |
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Whether advocate negligence is sufficient cause to set aside an ex parte land decree and the appropriate remedial relief.
Land law – ex parte decree – setting aside under Order 9 r.27 and Section 98 CPA – "sufficient cause" includes advocate negligence – victim of third-party fraud – apportionment of joint and several damages; finality and abuse of process.
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9 December 2024 |
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9 December 2024 |
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5 December 2024 |
Compulsory Land Acquisition—escrow account for compensation—inherent powers of the High Court—disputed ownership of suit land—risk of rendering main suit nugatory—balancing public interest with individual rights—timely execution of infrastructure projects—compensation deposited in court pending determination of ownership
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4 December 2024 |
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3 December 2024 |
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2 December 2024 |
| 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 |