Lawpoint Uganda

The Court clarified that oral transfers of customary land are enforceable without a written deed, as long as the gift is perfected by the donor's intent, delivery of the property, acceptance by the donee, and exclusive possession/use during the donor's lifetime. This distinguishes customary land from registered land, where formalities like deeds may apply (citing precedents like Oyet Bosco & Anor v Abwola Vincent [2018] UGHCCD 65)

The court emphaised that constructive notice arises only upon proper registration. A registered caveat or instrument gives constructive notice to the world, whether or not a purchaser has actual knowledge. This principle is central in determining the duty of disclosure: if a claim is not yet registered, it may not constitute an encumbrance binding on the seller

For a gift inter vivos in unregistered land, donor intention and donee acceptance are required. By erroneously finding that the 1st Respondent had authority to sell and that the 2nd Respondent acquired lawful ownership, the trial court deprived the Appellant of her rights in family land.

The Court found that, under Section 46(1) Contracts Act, where time is of the essence and a party fails to perform, the contract becomes voidable at the option of the promisee. Equity will not order specific performance where the claimant is the party in breach (see Nipuni Bhatia v Boutique Shazim Ltd [2015]).

Relying on Justine E.M.N. Lutaya v. Stirling Civil Engineering Co. Ltd, the Court emphasized that trespass occurs where there is unauthorized interference with lawful possession, whether physical or legal. The Plaintiff, as administrator, had legal possession of the land forming part of the estate.

It is a well-established legal principle that when a document containing contractual terms is signed, then in the absence of fraud or misrepresentation, the party signing it is bound, and it is wholly immaterial whether he has read the document or not. The appellant acknowledged his indebtedness under the agreement and further conceded that in default, the loan would translate into a sale. He testified that he signed the agreement because he was in need of money, which the re

Although negotiations occurred, evidence showed mutual assent through actions: payments, handing over titles, mutation signing, and participation in subdivision. Oral contracts for land can be enforceable if essential terms are clear and intention is proven (Kobaku Associate v. Owusu, Stanley Bainebabo v. Abaho Tumushabe).

Under Section 123(1) of the Registration of Titles Act, a person claiming an interest in registered land, such as a beneficiary of a deceased estate, may lodge a caveat to prevent unauthorized dealings with the property until their claim is resolved.

The Court affirmed that “A mortgage under Section 116 of the Registration of Titles Act is void ab initio where the mortgagor did not have registered title at the time of execution.”

The Court warned that alleged transmissions or bequests of land, particularly within family structures, must be supported by credible and properly admitted documentary evidence. Hence serving as a benchmark for handling inheritance-related land conflicts and reiterates the appellate court's mandate to re-evaluate evidence afresh where trial courts have failed to do so.

The court concluded that, although the exact monetary contributions could not be established with certainty, the evidence showed a shared intention and effort to establish a joint home.

The Court emphasized that “equity will not perfect an imperfect gift,” but in this case, possession and development by the Respondent amounted to effective delivery and acceptance.

The Hermès v. Rothschild case therefore represents trademark law's attempt to re-establish control over the "real" and its signs in a hyperreal economy, asserting that even in the digital ether, the fundamental principles of preventing confusion and dilution must apply to maintain the integrity of established brands against unauthorized "simulacra."

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