Lawpoint Uganda

The Court held that in cases of charitable donations, a donor cannot reclaim land simply because its use has changed, unless the donation was made subject to expressly attached legal conditions, which were later breached. Absent such conditions, the court found that trustees retain discretion to manage and even lease trust property, provided that the core objectives of the trust—such as religious or educational use—are not abandoned. Leasing parts of the land, therefore, does

A certificate of title is conclusive under the RTA unless fraud is proven. Lease offers issued over titled land are invalid if the land is not available or is disputed.

The High Court clarified that a person administering an estate must first register land in their representative capacity before transferring it into their name; failure to do so is irregular and may be contested. Also, claims grounded in customary inheritance must demonstrate the existence and application of specific customs, not merely invoke cultural norms.

The court affirmed that Equity will bar a landowner from asserting legal rights if they encouraged another to believe they had an interest in the property and act to their detriment, as stated in Crabb v Arun District Council [1976] 1 Ch.183, Ramsden v Dyson (1866) LR 1 HL 129.

Where a landowner subdivides and sells a portion of land that is landlocked or without a direct access road, the law will imply an easement necessary for the reasonable use and enjoyment of the land sold as affirmed in Shah Champshi Tejshi & Others v Attorney General of Kenya (1959) EA 630 at 638

The court reaffirmed that under Article 26(1) of the 1995 Constitution of Uganda, every person has the right to own and freely dispose of property. This includes the right to distribute one's land as one wishes, barring statutory or constitutional limitations such as those governing family land under the Land Act, Cap 236.

From Justice G.M. Okello’s memorable caution that “land is not vegetables to be bought from unknown sellers” in Sir John Bageire v. Ausi Matovu, to mortgage transactions in the landmark ruling on spousal fraud in Kanyima v. Mercantile Credit Bank, Ugandan courts have developed a rich jurisprudence that guards against fraud, safeguards equity, and enforces statutory principles. Fredrick Zaabwe v. Orient Bank redefined the limits of fraud and misuse of powers of attorney UNRA

Blockchain, a decentralised and transparent ledger system, offers secure and verifiable transaction records, which could significantly reduce fraudulent activities in land transactions. Despite introducing a digital land registry system in Uganda in 2013, land fraud remains prevalent. The paper examines the current land registration practices in Uganda, the persistent issues of fraud, and how blockchain can address these challenges by enhancing transparency, security, and ef

Estate administrators are fiduciaries, not proprietors. Any transfer of estate property in contravention of the will or without consideration of beneficiary interests is invalid. Courts will not shield a purchaser who fails to inquire in the face of suspicious or disputed circumstances.

For one to claim an interest in land, he or she must demonstrate that the interest was lawfully acquired from someone who previously had an

The court suggested adding a fourth condition to the existing legal framework, on the legal principles governing gifts inter vivos making th

A distinction was not made between an informal mortgage on customary land and an informal equitable mortgage based on an unregistered intere

Statutory leases previously granted to urban authorities under Article 286 ceased, but Article 237(5) and (6) allowed for their conversion t

It was the court's observation that, the plaintiffs had not acquired any valid interest in the land. As mere caretakers, they could neither

While equity grants the purchaser an interest in the property upon execution of a sale agreement, this is contingent on compliance with cont

In determining whether a plaint discloses a cause of action, the court must solely consider the plaint and its annexures, if any, and no oth

The general position of the law is that without grant of letters of administration, no person has any right whatsoever to sell or otherwise

Clearly, the registered owner cannot compensate the tenant by occupancy for taking back his land on breach by the tenant of the provisions

A bona fide purchaser is someone who buys property for value without notice of any prior claims, defects or equities against the seller's