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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 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 44 min read
81
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 254 min read
96
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 224 min read
57
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 257 min read
173
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 124 min read
210
A Purchaser Cannot Claim Ownership or Seek Equitable Remedies Based on Unilateral Actions Undertaken Without Fulfilling Their Contractual Obligations, High Court Affirms.
While equity grants the purchaser an interest in the property upon execution of a sale agreement, this is contingent on compliance with cont
Waboga David
Jan 105 min read
48
The Procedure of Mailo Land Conversion to Freehold And When to Raise an Issue Regarding the Cause of Action? An Analysis of Zalwango & 2 Others v Ladha & 8 Others
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
Lawpointuganda
Jul 7, 20244 min read
109
Can a Beneficiary Sell a Deceased's Estate Without Letters of Administration? A Case Analysis of Muyingo & 3 Ors v Kakembo
The general position of the law is that without grant of letters of administration, no person has any right whatsoever to sell or otherwise
Lawpointuganda
Jul 7, 20243 min read
331
The Constitutional Court Reaffirms The Balance Between The Rights of Tenants By Occupancy And Those of Registered Land Owners: Nampewo & Another v Attorney General
Clearly, the registered owner cannot compensate the tenant by occupancy for taking back his land on breach by the tenant of the provisions
Lawpointuganda
Jul 6, 202414 min read
422
THE EVOLUTION OF THE BONA FIDE PURCHASER DOCTRINE IN LAND PROPRIETARY CLAIMS IN UGANDA
A bona fide purchaser is someone who buys property for value without notice of any prior claims, defects or equities against the seller's
Joshua Morris Byaruhanga
Apr 2, 202311 min read
434
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