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This blog does not contain legal advice. The legal information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based on such information, we encourage you to consult with the appropriate professionals. Authors are liable for any plagiarism and Lawpoint Uganda won`t have liability towards the same.


High Court affirms that under Section 46(1) Contracts Act Cap 284, where time is of the essence and a party fails to perform, the contract becomes voidable at the option of the promisee.
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]).

Waboga David
Aug 16, 20256 min read


The High Court affirms that trespass to land may occur through unlawful registration, even in the absence of physical intrusion. The CLR bears no liability for registrations effected in reliance on...
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.

Waboga David
Aug 15, 20255 min read


Court of Appeal upholds enforceability of loan agreement containing property transfer clause upon default — affirms binding effect of parties’ free consent and rejects alleged illegality as a defence
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

Waboga David
Aug 13, 20257 min read


The Court of Appeal has reaffirmed that oral land contracts can be enforced if essential terms and intention are proven by conduct, even without a written agreement.
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).

Waboga David
Aug 12, 20255 min read


High Court Declares Caveats Lodged by Non-Beneficiaries Invalid under Section 123(1) of the Registration of Titles Act and awards damages for Trespass
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.

Waboga David
Aug 8, 20254 min read


Uganda Court of Appeal reaffirms that a person without a legal interest in land cannot create a valid mortgage under Section 116 of the RTA — Orders refund to misled purchaser on equitable grounds
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.”

Waboga David
Aug 1, 20257 min read


High Court emphasizes the need for thorough Scrutiny of land titles and ownership in Inheritance and Family Land Disputes in Uganda
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.

Waboga David
Jul 18, 20254 min read


High Court affirms that cohabitation establishes equitable property interests, even without a formal marriage, declaring equal ownership despite a claim of fraudulent land title.
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.

Waboga David
Jul 14, 20256 min read


High Court of Uganda Confirms Validity of Unwritten Customary Land Gifts Based on Intention, Acceptance, and Longstanding Occupation
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.

Waboga David
Jul 4, 20253 min read


Is Artistic Freedom Safe in the NFT Age? Lessons from Hermès Int'l v. Rothschild
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."
Edgar Okitoi
Jun 21, 202519 min read


High Court establishes that, in the absence of fraud, a donor cannot reclaim registered land merely because its use has changed unless express conditions were attached to the donation and breached.
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

Sylivia Nandawula
Jun 15, 20255 min read


The CoA establishes that procedural defects or administrative lapses by government entities do not amount to fraud in the absence of clear, direct evidence that the registered proprietor was complicit
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.

Waboga David
Jun 14, 20255 min read


High Court clarifies that a gift inter vivos must be perfected during the Donor’s lifetime and is not capable of validation posthumously through Letters of Administration.
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.

Waboga David
Jun 2, 20258 min read


High Court Affirms that While Written Spousal Consent Is Required for Land Transactions, Proprietary Estoppel May Arise Where a Spouse Participates in or Benefits From the Transaction Even Without It
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.

Waboga David
May 24, 20255 min read


High Court Affirms That A Registered Proprietor of Land is Entitled to Physical Access to Their Property as a Matter of Law and Equity — Where No Access Is Provided, Courts May Imply An Easement
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

Lawpointuganda
May 16, 20254 min read


High Court Affirms Landowner’s Constitutional Right to Dispose of Property and Rules that Untranslated or Unadmitted Evidence Cannot Be Relied Upon
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.

Waboga David
May 9, 20254 min read


Landmark Cases That Shaped Uganda’s Land Law: These Are The Judicial Decisions Every Lawyer & Landowner Must Know
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

Waboga David
May 4, 202529 min read


“BLOCKCHAIN TECHNOLOGY AS A MEANS TO END FRAUD IN LAND CONVEYANCING”
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

Joshua Morris Byaruhanga
Apr 26, 202519 min read


High Court Affirms That a Purchaser Cannot Rely Solely on Title or Lease Registration When Purchasing Family Estate Property.
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.

Waboga David
Apr 15, 202510 min read


HIGH COURT HAS AFFIRMED THAT STRICT PROOF OF LONG-TERM OCCUPANCY IS REQUIRED TO ESTABLISH A KIBANJA INTEREST – IN A JUDGMENT MERE TEXTUAL SIMILARITIES DO NOT CONSTITUTE JUDICIAL MISCONDUCT
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

Lawpointuganda
Mar 4, 20254 min read


HIGH COURT AFFIRMS REQUIREMENTS FOR GIFTS INTER VIVOS AND SUGGESTS ADDING A FOURTH CONDITION TO THE EXISTING LEGAL FRAMEWORK—ANY UNAUTHORIZED ENTRY ONTO THE LAND BY A THIRD PARTY CONSTITUTES TRESPASS.
The court suggested adding a fourth condition to the existing legal framework, on the legal principles governing gifts inter vivos making th

Waboga David
Feb 25, 20254 min read


HIGH COURT CLARIFIES THE NATURE OF MORTGAGE TRANSACTIONS & ENFORCEMENT PROCEDURES—WHO HAS THE CAPACITY TO REPRESENT A COMPANY IN AFFIDAVITS—FAILURE TO CITE CASE LAW DOES NOT INVALIDATE THE CASE.
A distinction was not made between an informal mortgage on customary land and an informal equitable mortgage based on an unregistered intere

Waboga David
Feb 22, 20254 min read


The High Court Has Clarified Key Legal Principles Regarding Land Ownership, Possessory Rights, and The Administration of Public Land in Uganda.
Statutory leases previously granted to urban authorities under Article 286 ceased, but Article 237(5) and (6) allowed for their conversion t

Waboga David
Jan 25, 20257 min read


The High Court Affirms That Delayed Assertion of Ownership Rights Can Undermine Claims, Especially When The Original Owner is Deceased.
It was the court's observation that, the plaintiffs had not acquired any valid interest in the land. As mere caretakers, they could neither

Waboga David
Jan 12, 20254 min read
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