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.

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https://judiciary.go.ug/data/smenu/16/Land%20Division.html

10 judgments

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10 judgments

Citation	Judgment date
November 2013
Ddamurila & Ors v Nassuna (Civil Suit No. 321 of 2004) [2013] UGHCLD 88 (29 November 2013) Court finds Special Certificate fraudulently procured, cancels it, restores applicants' title and awards damages. Land law — competing titles — Duplicate Certificate vs Special Certificate; proof and admissibility of documentary evidence; fraud in procuring registration; Registrar's duty; rectification of Register and damages under Registration of Titles Act.	29 November 2013
Kato v Lukwajju & Ors (Misc. Application No. 186 of 2012) [2013] UGHCLD 89 (29 November 2013) Application to be added as defendant dismissed as premature due to pending administration proceedings determining administrator status. * Civil procedure – joinder of parties – Order 1 r.13 CPR – interested party must show clear established status or interest. * Probate/administration – Letters of Administration – competing administrators – jurisdictional restraint where parallel/proceedings pending. * Lis pendens/concurrent proceedings – court should not determine matters subject to subsisting proceedings in another registry; application held premature.	29 November 2013
Tibaingana v Kabwenda (Civil Revision No. 006 of 2012) [2013] UGHCLD 87 (28 November 2013) A consent judgment entered without the parties’ express consent may be set aside for material mistake despite absence of proven fraud. * Civil procedure – Revision under section 83 CPA – High Court may revise magistrate’s record for illegality, material irregularity or miscarriage of justice. * Consent judgments – enforceability – vitiation for fraud, mistake, misapprehension; party consent must be express or apparent. * Advocate's authority – advocate not prima facie a recognised agent able to bind client without instructions. * Inherent powers – section 98 CPA may be invoked to prevent abuse of process and to do justice.	28 November 2013
Kobusingye v Uganda Land Commission (Miscellaneous Cause No. 28 of 2013) [2013] UGHCLD 86 (27 November 2013) Court refused literal enforcement of substituted land; extended lease and ordered allocation of the decretal shortfall under mandamus. * Judicial review – limitation periods – rule 5(1) subject to statutory execution time limits (rule 5(3)); execution under CPA (s.35) governs timing. * Mandamus – discretionary prerogative remedy to compel performance of public duties; Court focuses on enforcement and decision‑making process. * Consent judgments – enforcement by execution; court may tailor equitable relief under s.37(2) rather than order literal performance when unjust. * Relief crafting – extension of existing lease and allocation of shortfall as just and convenient remedy.	27 November 2013
Nkojo Amooti v Kyazze & Ors (Civil Suit No. 536 of 2012) [2013] UGHCLD 85 (26 November 2013) A prior registered certificate of title prevails; subsequent duplicate grants are void and subject to cancellation and eviction. Land law – Registration of Titles – Conclusive effect of certificate of title under s.59 RTA; Concurrent certificates – earlier title prevails and later title issued in error must be cancelled; Remedies – declaration of ownership, cancellation, eviction, damages, costs and interest.	26 November 2013
Hammann Ltd & Anor v Ssali & Anor (Miscellaneous Application No. 449 of 2013) [2013] UGHCLD 84 (22 November 2013) A land plaint was struck out as time-barred and for disclosing no cause of action; fraud-based tolling must be pleaded. * Civil procedure – Limitation – Recovery of land – Section 5 Limitation Act (12 years) – Suit time-barred if no plea of exemption under Order 7 r.6 CPR. * Limitation – Fraud – Section 25 Limitation Act – period does not run until discovery; discovery must be pleaded. * Pleadings – Cause of action – Order 7 r.11 CPR – plaint disclosing no cause of action must be rejected. * Amendment – Order 6 r.19 CPR – substantive defects going to root of claim cannot be cured by amendment. * Transferee liability – to impeach transferee’s title, fraud must be attributable to transferee or transferee must have notice/privity.	22 November 2013
Katerega v Commissioner Land Registration & Ors (Miscellaneous Application No. 347 of 2013) [2013] UGHCLD 83 (14 November 2013) Applicant's claim failed because a prior court decree revoked his title, so no injunction could be granted. Land law – judgment in rem; effect of judgment (including court-sanctioned consent judgments) on proprietary rights; review by an "aggrieved person" under Order 46 r.1 CPR/Section 83 CPA; requirements for interlocutory injunction (prima facie case, irreparable harm, balance of convenience).	14 November 2013
Basajjabalaba v Bank of Uganda & Anor (Miscellaneous Application No. 738 of 2011) [2013] UGHCLD 81 (12 November 2013) Applicant proved full payment under a consent judgment and is entitled to return of titles and removal of encumbrances. Land law – Consent judgment – payment of decretal sum by set-off and specific payments – entitlement to release of securities and removal of encumbrances; Civil procedure – admission by failure to rebut affidavit evidence; Judicature Act s.33 – equitable powers to grant consequential relief.	12 November 2013
Luwero & Anor v Housing Finance Bank Ltd & Anor (Civil Suit No. 679 of 2006) [2013] UGHCLD 82 (12 November 2013) Foreclosure sale upheld; purchaser found bona fide for value absent strict proof of fraud; vacant possession granted. Mortgage law – default and foreclosure sale; service of statutory notice by post; sale by mortgagee by public auction; bona fide purchaser for value without notice; burden to strictly prove fraud; mortgagee’s duty to act in good faith and obtain best price.	12 November 2013
Attorney General v Alibhai Ramji Limited & 2 Ors (Civil Suit No.265 of 2007) [2013] UGHCLD 398 (11 November 2013) Consent judgment not set aside on affidavit; applicants ordered to plead and prove alleged fraud; execution stayed. Civil procedure – consent judgment – setting aside for fraud – fraud must be strictly pleaded and proved; affidavit and police report alone insufficient; res judicata inapplicable where prior decisions dealt with procedure not merits; court-directed pleadings and stay of execution.	11 November 2013