Sikia Law – The Legal Assistant

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Whether long uninterrupted customary occupation amounted to a valid gift inter vivos conferring ownership.
Customary land law; gift inter vivos - elements and proof by long uninterrupted occupation; prescription and exclusive possession; judicial notice of public notoriety (LRA insurgency); limits of second appeal on questions of fact.

Whether prolonged, uninterrupted occupation under custom could constitute a valid inter vivos gift that transferred ownership.
Customary land law: requirements for an inter vivos gift and how long, continuous occupation can serve as proof; issues of prescription and exclusive possession; the court’s ability to take judicial notice of matters of public notoriety (such as LRA insurgency);...

The appellate court confirmed the cancellation of the land title, held that the buyer was not a registered bona fide purchaser, and therefore dismissed the appeal.
Land law – cancellation of title – a certificate of title may be impeached if the registration was obtained through fraud or contradicts the intentions expressed in the deceased’s will; Bona fide...

Appeal dismissed: Ugandan court had jurisdiction, service valid, ex parte trial proper, and evidence supported beneficial ownership declarations.
Civil procedure – service on foreign company carrying on business locally – Order 29 Rule 2 CPR and s.258 Companies Act; Jurisdiction – forum conveniens and cause of action arising locally; Ex parte proceedings – Order 9 Rule 25...
Court granted a one-year renewal of administrators' letters despite delayed compliance, imposing strict inventory and accounts deadlines.
* Succession law – Renewal/extension of Letters of Administration – When and on what terms a court may renew expired grants. * Fiduciary duties – Administrators’ duty to file a full, true and accurate inventory and render accounts – Consequences...
Registered title upheld; defendants’ entries were trespass; injunction, damages and costs awarded.
Land law – Registration of Titles Act – Certificate of title presumptively conclusive; fraud required to impeach title. Land law – Kibanja/sale agreements – informal/partial payment agreements may constitute loans, not transfers. Tort – Trespass – elements: ownership/possession, entry and unlawfulness satisfied; remedies: declarations, injunction, special, general...
20 June 2025 HC: Civil Division (Uganda)
Plaintiff's claim for unlawful eviction dismissed; property lawfully mortgaged and sold.
Contract Law - Mortgage - Validity of Sale Agreement and Power of Attorney in mortgage proceedings - Cause of action and eviction claims
Leave to appeal granted where trial court dismissed suit as time-barred without addressing pleaded exceptions to limitation.
* Civil procedure – Leave to appeal – Where there is no automatic right, leave granted only if intended appeal has reasonable prospects or arguable grounds and applicant not dilatory. * Limitation law – Exceptions (disability, discovery of fraud) –...
Disputed date of death and credible documentary evidence defeated attempt to set aside a properly obtained default judgment.
* Civil procedure – Order 36 (summary suit) – setting aside default judgment – effectiveness of service and sufficient cause under Order 36 Rule 11 and Rule 5. * Evidence – burden of proof – credibility of documentary evidence...
Executrix may challenge 2021 share transfers and company amendments; Registrar expunged illegal endorsements and restored original share status.
Companies law – Share transfers – validity of transfer instruments – requirement of proper execution and board/ordinary resolution approval; Companies (Powers of the Registrar) Regulations – power to expunge inaccurate/illegal endorsements and rectify register; Membership – subscribers vs. members;...
Purported customary marriage held void ab initio due to respondent's subsisting monogamous marriage; petition dismissed.
Customary marriage — Section 11(e) Customary Marriages (Registration) Act — purported customary marriage void ab initio where a party has a subsisting monogamous marriage; cohabitants' property claims — equitable, trust and common law remedies; preliminary objections — applicability where central legal issue...

The court held that the application for judicial reference of taxation was improperly brought, as only a taxing officer acting on their own motion or with the consent of the parties may refer a bill of costs to a judge. Under sections 68(1), (2), and (3) of the Advocates Act, an applicant cannot create a procedure where none exists. The...

Bank lawfully debited account pursuant to a verified garnishee order; applicant failed to prove fraud or bank breach.
Civil procedure – misnomer and party identification; Banking law – garnishee orders and bank duties; Fiduciary duty – limits where a court order supersedes customer mandate; Fraud – particulars must be strictly pleaded and proved; Regulatory advisories (FIA) are...

The appeal succeeded in part because the trial court improperly relied on customary law that had not been pleaded. However, the grant of letters of administration was upheld under the small-estate exception.

  • Succession and estates – validity of letters of administration: under section 2(5) of the Administration of...

Review application struck out as moot after the issuing judge rectified and replaced the impugned orders.
Civil procedure — Review of court orders — Mootness / overtaken by events — Rectification of an extracted order by issuing judge — Courts decline to decide academic disputes — Costs: each party bears own costs.