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HC: Land Division (Uganda)

The Land Division is a Division created at the High Court Head office at Kampala.

The Division is charged with the following functions:Responsibility of supervising the work of Land Tribunals, the adjudication of all land related dispute fall under this Division. The land Division is established with three judges with a separate registry for the Division .There is a Registrar for the Land Division who doubles as the Registrar of the Land Tribunals. A desk office was also established under the office of the Registrar to handle the activities of the District Land Tribunals.

 

Physical address
Twed Towers, along Kafu Road, Nakasero, Kampala.
Visit website
https://judiciary.go.ug/data/smenu/16/Land%20Division.html
8 judgments
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8 judgments
Citation
Judgment date
December 1996
Abaho Tumushabe v Beinababo (Civil Appeal 35 of 1995) [1996] UGHCLD 5 (6 December 1996)
Payment and occupation validated the land sale; inadequate evaluation by the trial magistrate warranted reversal.
* Land law – validity of sale – whether payment of purchase price and occupation can validate a sale despite absence of formal transfer. * Evidence – appellate evaluation – necessity for trial judge to evaluate and record consideration of evidence. * Consent – effect of claimed conditional sale where putative consenting relatives have no proprietary interest. * Possession – distinction between lawful purchaser in occupation and trespasser. * Remedies – refund and compensation where sale set aside; evidence required for quantification.
 6 December 1996
Abaho Tumushabe v Stanley Beinababo (Civil Appeal 35 of 1995) [1996] UGHCLD 8 (6 December 1996)
Appellate court held that payment and occupation established a valid sale; trial magistrate’s judgment set aside.
Land law – validity of sale – payment and occupation as evidence of completed sale; requirement of third-party consent – proprietary interest must be proved to vitiate sale; appellate review – duty to evaluate trial evidence; remedy – setting aside magistrate’s judgment and awarding costs to successful appellant.
 6 December 1996
September 1996
Wakida v Adeodata Kekitiinwa and Others (Civil Suit 338 of 1994) [1996] UGHCLD 1 (16 September 1996)
Reallocation of alienated public land without statutory forfeiture procedure is unlawful; title obtained thereby must be cancelled and the lessee’s lease restored.
Land law – public land leases – time of the essence; Public Lands Act – re‑entry and forfeiture procedure (ss.32,36) – requirement of notice and opportunity to remedy; Registration of Titles Act – effect of registration and exceptions where title procured by illegality/fraud; validity and cancellation of title obtained through unlawful reallocation.
 16 September 1996
June 1996
Hariprasad Rambhai Patel v Babubhai Kalidas Patel (Civil Suit 981 of 1990) [1996] UGHCLD 3 (25 June 1996)
The plaintiff proved payment for half the property and is entitled to half possession and rents; counterclaim dismissed.
Property law – co-ownership (tenants in common) – burden of proof of payment of purchase money; Resulting trust and fraud – requirement of strict proof; Registration of Titles Act – protection of registered proprietor; Power of Attorney – unregistered instrument acted upon and later revoked; Equitable mortgage – not established; Accounting – duty of managing co-owner to account for rents and expenses.
 25 June 1996
May 1996
Busiro Coffee Farmers and Dealers Limited v Kayongo and Others (Civil Suit 532 of 1992) [1996] UGHCLD 2 (31 May 1996)
The applicant's registered title is protected absent strict proof of fraud; respondents' post-determination occupation is trespass.
Property law – Lease determination and re-entry – Registration of Titles Act – Protection of bona fide purchasers – Requirement and burden to plead and strictly prove fraud – Possession and trespass – Mesne profits – Proof of special damages in counter-claim.
 31 May 1996
Mukisa Foods Limited v National Enterprises Corporation (Civil Suit 746 of 1992) [1996] UGHCLD 6 (29 May 1996)
A six‑month notice is reasonable for repossession of commercial premises; removal of machinery thereafter amounted to unlawful conversion.
* Property law – repossession of commercial premises – reasonable notice period for commercial tenants (six months) – calculation of commencement date of notice. * Tort/delict – detinue and conversion – elements: entitlement to immediate possession and wrongful detention after demand – removal of machinery as conversion. * Remedies – declaratory relief, return of chattels or payment in lieu, general damages and costs; mesne profits require proof of fair rent/value. * Valuation – court may decline to appoint expert where value is sufficiently ascertainable from credible evidence.
 29 May 1996
April 1996
Ibrahim Muhamed v Lule and Another (Civil Suit 478 of 1989) [1996] UGHCLD 7 (22 April 1996)
Plaintiff failed to prove fraudulent transfer; registered purchaser held bona fide and statutory protection, claim dismissed with costs.
Land registration – conclusiveness of certificate of title; fraud affecting registered title must be strictly proved; bona fide purchaser protection under the Registration of Titles Act (s.184/189); burden of proof on party alleging fraud; absence/non-service of vendor.
 22 April 1996
Bemba and Another v Victoria Tea Estates (Civil Appeal 821 of 1991) [1996] UGHCLD 4 (1 April 1996)
A repossession certificate does not revive a lease lawfully terminated by re-entry; subsequent occupation is trespass.
Expropriated Properties Act – effect of Ministerial certificate of repossession – re-entry for non-payment of ground rent – lease termination – repossession certificate cannot revive terminated lease – occupation after termination amounts to trespass – remedies: injunction, eviction, damages, costs.
 1 April 1996