Wakilii

Fakhri Enterprises Limited v Uganda Land Commission (Civil Suit No. 309 of 2020)

High Court · [2025] UGHCLD 381 · 2025 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaration of unlawful conduct and damages arising from alleged land allocation
Decision
Suit dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that Uganda Land Commission did not allocate the suit land to the plaintiff. Letters purporting to allocate land signed by the Commission's Chairperson were illegal and unenforceable because under Land Act s.51(3), only the Secretary to the Commission has statutory authority to conduct correspondence on behalf of the Commission. The Commission's minute showed only a deferral pending inspection, not an allocation. The suit was dismissed with costs.

Outcome

Suit dismissed

Facts

Fakhri Enterprises Limited applied to Uganda Land Commission for a lease on approximately 810 hectares at Nakigoza, Luwero District for commercial agriculture. On 31 March 2015, ULC deferred the decision pending inspection. An inspection report dated 24 April 2015 recommended the applicant be considered for a lease. Two letters dated 27 April 2015 and 27 April 2016, signed by the ULC Chairperson and addressed to the Commissioner Surveys & Mapping, stated that ULC had granted a 5-year lease extendable to 49 years and requested survey authorization. The plaintiff commissioned surveys and incurred expenses totaling over UGX 67 million. A survey report dated 11 October 2018 revealed that most of the suit land was within private mailo blocks with existing titles, and the rest was wetland. The plaintiff sued for declarations, damages, and alternative land allocation.

Issues

  1. Whether the Defendant allocated the suit land to the Plaintiff?
  2. Whether the actions of the defendant of allocating to the Plaintiff the suit land were fraudulent, negligent and a misrepresentation?
  3. Whether the parties are entitled to the remedies sought for in their pleadings?

Orders

  • Suit dismissed with costs.

Rules and key headnotes

Administrative Law — Statutory Powers — Delegation — Correspondence Authority
Under Land Act s.51(3), the Secretary to the Uganda Land Commission has the mandatory statutory duty to conduct all correspondence of the Commission. Letters signed by the Chairperson purporting to allocate land are illegal acts not sanctioned by law and cannot be relied upon as evidence of the Commission's decision.
Land & Property — Public Land — Allocation by Uganda Land Commission — Validity of Allocation
A minute of the Uganda Land Commission deferring consideration of a land application pending inspection does not constitute an allocation of land. An allocation requires a positive decision by the Commission properly communicated through the Secretary in accordance with statutory requirements.
Contract Law — Formation — Offer and Acceptance — Authority to Contract
Where a statutory body's officer acts outside the scope of authority conferred by statute, purported contractual communications by that officer are void and cannot bind the statutory body or create enforceable rights in favour of the other party.
Land & Property — Land Acquisition — Due Diligence — Burden on Applicant
A potential lessee of public land bears a non-transferable burden to ensure that every stage of the land acquisition process is lawful. The Uganda Land Commission bears no duty to ensure that an applicant's process complies with the law. All land use purposes must have a solid legal foundation of flawless acquisition.

Legislation cited (3)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Fakhri_Enterprises_Limited_v_Uganda_Land_Commission_(Civil_Suit_No._309_of_2020)_[2025]_UGHCLD_381_(10_November_2025)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.