Lawpoint Uganda

Actions for redemption of mortgaged land must be commenced within twelve (12) years from the date the cause of action accrues. The Court further clarified that limitation extinguishes not only the remedy but the right itself in actions for recovery or redemption of land.

The Court relied on the Court of Appeal decision in Nalongo Burashe v Kekitiibwa Magdalena, Civil Appeal No. 89 of 2011, which held that LC II Courts (Parish/Ward Executive Committee Courts) have original jurisdiction in land matters. The Judge found that the Court of Appeal decision overrides earlier conflicting High Court decisions. Therefore, LC II Courts do retain original jurisdiction in land matters.

The Court found that ULC had absolutely no power to rescind a lease once it had been registered under the RTA. “Once the respondent issues a lease and the lease is registered on the title, the respondent does not have the powers to rescind or cancel that lease.”...“There are procedures by which land under the RTA may be de-registered… Failure to comply renders the decision a nullity.”

The Court examined Article 239 of the Constitution (ULC functions) Section 51(3) of the Land Act (only the Secretary conducts ULC correspondence) Minute 20-2 of 31st March 2015 The minute clearly indicated the application was deferred, not approved. The letters (PE3 and PE7) from the ULC Chairperson were held invalid because they violated s.51(3) of the Land Act: “I find that the communication through the two letters by the Chairperson of the Commission, PE3 and PE7, were i

The Court found that the trial judge erred when he concluded that the Respondent was a bona fide occupant within the meaning of the land law framework. The Court emphasized that bona fide occupancy is strictly defined by statute, including the cut-off dates for occupation. This observation confirms that occupation commencing in 1993 falls outside the statutory protections accorded to bona fide occupants. The Court therefore held that the trial judge misapplied the law by exte

A local government claiming pre-independence customary grant (1915) must produce credible evidence of (a) actual alienation by the colonial authorities or recognised customary grant and (b) continuous utilisation. Mere oral tradition and long use by parish chiefs was held insufficient when contradicted by documentary evidence of private inheritance.

The court found that the contradictory locations of signing (Rakai, Rwanda, Kisoro) undermined credibility. The appellant’s own witnesses conceded that the land was family land already sold earlier to the respondent. The court held that no beneficiary of the late Bahenga Yesaya could pass title without letters of administration. “Any right to the intestate’s property can only be established when letters of administration are granted by court.” — Buzandora Charles v Ndiroheye

“For one to claim an interest in land, he or she must show that he or she acquired an interest or title from someone who previously had an interest or title thereon.”

“The interpretation of contracts is essential in ensuring that parties understand the rights and obligations outlined within the agreement. When disputes arise, the court’s primary objective is to ascertain the intention of the parties based on the language used in the contract.”

"Once authenticity of a document is challenged, the evidential burden shifts to the party asserting its validity (Section 101, Evidence Act). The Defendant, having raised novation, bore this burden but did not discharge it. The document was never properly tendered or admitted as an exhibit. It therefore carries no probative value (Des Raj Sharma v Reginam [1953] 19 EACA 310; Kibalama v Sajjabi [1988–90] HCB 84)."

The Court clarified that undeveloped or unoccupied land rarely qualifies as family land under Section 39(4) of the Land Act, Cap. 236, which defines family land as property (a) on which the family ordinarily resides, (b) from which the family derives sustenance, or (c) which the family voluntarily agrees to treat as such. The evidence before the Court showed that “the land was bush and undeveloped, without residence or cultivation.” Accordingly, Justice Bareebe held that vaca

The Court referred to Practice Direction No. 1 of 2007, emphasizing that: “During the hearing of land disputes, the court should ensure that parties and their witnesses are present at the locus, evidence is adduced, and proceedings are recorded.” Justice Echakokit found no procedural irregularity that prejudiced the Appellant, holding that the Chief Magistrate’s approach substantially complied with the requirements.

The court clarified that the suit land is not ancestral but part of Adonia’s estate, emphasizing the importance of proper estate distribution and title transfer. The court clarified that Buganda customs of heirship do not confer exclusive ownership emphasizes the primacy of legal title and estate administration in determining property rights.

Under Section 123 of the RTA, only persons with a demonstrable legal or equitable interest may lodge a caveat. Mere allegations of interest are insufficient. The court emphasized that bare assertions do not constitute a “caveatable interest.” Citing Rutungo Properties Ltd v Linda Harriet Carrington & Another (Court of Appeal Civil Appeal No. 61 of 2010), the judge held that a caveat is akin to an interlocutory injunction and cannot subsist indefinitely without active pursuit

The Court observed that although the Defendants did not produce any witness testimony in their defence, this omission did not in itself shift the evidential burden onto them. It reaffirmed the settled legal principle that a defendant’s failure to call witnesses does not automatically entitle the plaintiff to judgment; the plaintiff must still discharge the primary burden of proof through cogent and credible evidence. Citing the reasoning in Tucker Mubiru v Attorney General, C

The Court observed that the respondent's claim for UGX 30,067,542,200 was supported by the unchallenged valuation report of professional surveyor Mr. Obali Godwin, detailing market value for the 1,531.96-hectare suit land in Katikara, it eaffirmed the constitutional imperative under Article 26(2) for full market-value compensation in cases of unlawful deprivation by state agencies like the OPM, citing Attorney General v Henleg Property Developers Ltd (CA No. 421 of 2017, uphe

The High Court affirmed the Respondent as the lawful owner of the suit land and upheld the trial court’s award of vacant possession, permanent injunction, and UGX 10,000,000 general damages.

The Court examined Sections 67 and 70 of the Electricity Act. Section 67(1) permits a licensee to place electric supply lines on private land but requires minimal damage, prompt compensation, and, under Section 67(2) and (4), prior notice and consent of the landowner unless otherwise agreed. ERA’s jurisdiction under Section 70 is limited to compensation disputes where consent was sought and the landowner disagreed with valuation/compensation. Where a licensee enters land with

The court held that adverse possession was not pleaded, violating Order 7 Rule 1(e) of the Civil Procedure Rules, which mandates disclosing the cause of action. The claim was introduced belatedly in submissions, constituting trial by ambush. Even on merits, the appellants failed to prove factual possession, continuous 12-year occupation, animus possidendi, or non-permissive use. The respondents’ family maintained possession, and the appellants’ use was fragmented and permissi

Article 26 guarantees the right to own and use property without interference. The court found that the caveat emptor and statutory instrument disrupted the plaintiffs’ development plans, as evidenced by stalled construction observed during the locus visit. The court defined unlawful interference as a violation of proprietary or possessory rights. The notices affected the plaintiffs’ proprietary rights by restricting their ability to deal with the land. This issue was resolved

The Court emphasized that although locus visits are not always mandatory, they are recommended under Practice Direction No. 1 of 2007, especially in land disputes. The Magistrate’s failure to visit the locus created ambiguity about the exact portion of land awarded and prejudiced Bwire’s case. The Court held that Bwire did not prove customary ownership or any legally enforceable right to the land. Evidence strongly supported Nakirya’s claim that she received the land as a val

It’s trite that in an application of such a nature courts will consider the justice of the case to ascertain whether to vacate the caveat or not, I am of the finding that the justice of this case and the balance of convenience would in my opinion require that the caveat lodged by the 1st respondent vide instrument number KCCA-0015483 be maintained.

The court criticized both parties for deviating from the framed ground of appeal and the trial record. An appeal must be grounded in the record of proceedings, except in cases of clear illegality or procedural defects causing a miscarriage of justice. The appellants’ concession of trespass effectively nullified their appeal, as they failed to demonstrate errors in the trial court’s evaluation or findings.

The Court observed that the position under section 9(1) (e) of the Local Council Courts Act, cap 18, section 76A of the Land Act, cap227 and section 30 of the Land (Amendment) Act, 2004 which vested power in the local council courts to try and determine all matters relating to land as courts of first instance, as repealed laws. That these laws have now been repealed by section 77(1) (C) of the Land Act Cap 236, which states that the only court that has jurisdiction to determi