Court name
High Court of Uganda
Case number
High Court Civil Suit-2000/336
Judgment date
21 August 2001

Bugingo v Attorney General (High Court Civil Suit-2000/336) [2001] UGHC 11 (21 August 2001);

Cite this case
[2001] UGHC 11
Short summary:
Land

 

THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
HIGH COURT CIVIL SUIT NO. 336 OF 2000
 ZAKARIA BUGINGO 
:::::::::::::::::::::::::::::::PLAINTIFF
VERSUS
ATTORNEY GENERAL
:::::::::::::::::::::::::::::DEFENDANT
BEFORE: THE HON. MR. JUSTICE E.S. LUGAYIZI
JUDGMENT

 

This judgment is in respect of an appeal that was filed by the appellant under section 14 of the Expropriated Properties Act (Act 9 of 1982). The appeal sought Court’s orders as follows,
(a) a declaration that the suit property belongs to the plaintiff;
(b) a declaration that pursuant to the sale of the suit property to the plaintiff on 14th August 1998, the Government lawfully divested itself of the ownership of the land and accordingly had no interest legal or equitable to return to Vithaldas Purshotam;
(c) a declaration that the Certification of Repossession No. 3265 dated 2lS December, 1999 in favour of Vithaldas Purshotam in respect of the suit property is null and void;
(d) an order cancelling a Certificate of Repossession No. 3265 dated 2l December, 1999 issued in favour of Vithaldas Purshotam in respect of the suit property; and
(e) costs of the suit.
The background to the appeal (which to a large measure also constitutes the facts that were agreed upon by both parties to the appeal) is very briefly as follows. Vithaldas Purshotam is the registered proprietor of the suit property, that is to say, Leasehold Register Volume 448 Folio 5 Plot 37, Kabale Road. The suit property was among those properties that the Government of Uganda expropriated during