Appeal Court restores Sugar Corporation’s 99-year lease
In a judgment delivered on October 29, 2026, Justices Cheborion Barishaki, Esta Nambayo and Musa Ssekaana allowed an appeal by Sugar Corporation of Uganda Limited (SCOUL) against a ruling delivered by High Court judge Batema N.D.A. on April 7, 2021
The court held that failure to comply with the mandatory service requirements rendered the review application incompetent and the resulting ruling and orders a nullity.
KAMPALA - The Court of Appeal has set aside a High Court decision that cancelled Sugar Corporation of Uganda Limited’s land title over 882.39 acres at Kasenso, reinstating an earlier judgment directing that the company be granted a 99-year leasehold title over the land.
In a judgment delivered on October 29, 2026, Justices Cheborion Barishaki, Esta Nambayo and Musa Ssekaana allowed an appeal by Sugar Corporation of Uganda Limited (SCOUL) against a ruling delivered by High Court judge Batema N.D.A. on April 7, 2021
The justices also dismissed a cross-appeal by George Sendege, Asuman Bawalekendi Kizito, Eron Mutebi, Florence Kintu Nakigudde and Mangyeri Nabunjo, who had challenged the company’s ownership of the land.
The dispute concerns 882.39 acres at Kasenso, registered under FRV 64 Folio 18.
The respondents, who sued as administrators of the estate of the late Misusera Kamya Omukabya, claimed that the land had been unlawfully converted from Mailo to freehold tenure and registered in the names of the company’s predecessors before it was acquired by SCOUL
However, the court directed that a 99-year leasehold title be created in favour of SCOUL in place of the freehold title because it was a foreign company.
The respondents subsequently applied for a review of the judgment, arguing that they had discovered new evidence showing that the consideration for the 1912 transfer of the land had not been fulfilled.
They claimed that the agreement required a house to be constructed for their predecessor.
On April 7, 2021, the High Court reviewed and set aside its earlier judgment, cancelled SCOUL’s title and directed the Registrar of Titles to register Mailo interests in favour of the respondents.
However, the Court of Appeal found that the review application had not been served within the time prescribed by law and that no application for an extension of time had been made.
Justice Barishaki noted that the application had been issued on March 29, 2018, but was not served until August 30, 2019. This was contrary to the Civil Procedure Rules, which require service within 21 days unless the court grants an extension
The justices also found that the High Court had erred by proceeding ex parte despite SCOUL’s lawyer having appeared in court and indicated an intention to raise points of law.
The Court of Appeal further set aside an order for vacant possession included in the extracted order signed on April 12, 2021, noting that it had not been granted in the ruling delivered on April 7, 2021
The court reinstated and confirmed the February 17, 2017 judgment, including the direction that SCOUL be granted a 99-year leasehold title over the land.
It also declared null and void any entries, cancellations or certificates of title issued on the strength of the ruling and orders that had been set aside, including the Mailo entries on Kyaggwe Block 171, plots 1, 2, 17 and 37.
The Commissioner for Land Registration was directed to take the necessary steps to restore the land register to reflect the position under the reinstated judgment and cancel subsequent dealings founded on the invalid entries
The respondents were ordered to pay SCOUL’s costs of the appeal and the proceedings in the High Court.