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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
4 judgments
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4 judgments
Citation
Judgment date
October 2013
St. Benedict Buwama ss ltd v Nayita (Civil Appeal No. 006 of 2009) [2013] UGHCLD 92 (25 October 2013)
Private Mailo sale and transfer upheld over an alleged Uganda Land Commission lease; injunction, eviction, damages and costs awarded.
Land law – Mailo tenure – validity of leases by Uganda Land Commission – private Mailo land not leasable by ULC; Transfer and sale by estate beneficiary – Letters of Administration validating prior sale; Civil procedure – stay of proceedings – requirement of a previously instituted pending suit between same parties; Evidence – appellate re-evaluation of trial court credibility findings.
 25 October 2013
Mukuye & Ors v Madhvani Group Ltd (Miscellaneous Application No. 0821 of 2013) [2013] UGHCLD 79 (3 October 2013)
Third‑party purchasers with equitable interests may be added as defendants if court orders would affect their rights.
Joinder of parties — Order 1 r.10(2) & r.13 CPR — Section 33 Judicature Act — equitable interest of third‑party purchasers — dominus litis subordinate where joinder necessary to avoid multiplicity and enable complete adjudication.
 3 October 2013
Nsimbe & Ors v Caltex (U) Ltd & Ors (Misce. Applic. N0. 144 of 2013) [2013] UGHCLD 80 (3 October 2013)
A consent judgment signed by counsel is binding; mistake of counsel and delay do not justify setting it aside absent fraud.
* Civil procedure – Consent judgments – Review and setting aside – limited grounds analogous to contract rescission (fraud, collusion, misapprehension, ignorance of material facts). * Review (Order 46 r.1 CPR) – new and important evidence – must be previously undiscoverable with due diligence. * Mistake of counsel – not ordinarily ground for review absent fraud/misrepresentation; represented litigant bound by counsel’s acts. * Procedural – laches/inordinate delay may bar review relief.
 3 October 2013
Nakalema & Ors v Mucunguzi Myers (Misc. Applic. No. 0460 of 2013) [2013] UGHCLD 78 (2 October 2013)
An affidavit sworn on behalf of co-applicants without filed written authority is incurably defective; application dismissed with costs.
Civil Procedure — Order 1 r.12(2) CPR — Written authority required where one co-party acts for others — Affidavit sworn on behalf of others without signed authority is incurably defective; Letters of Administration do not substitute.
 2 October 2013