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.

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Twed Towers, along Kafu Road, Nakasero, Kampala.

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

12 judgments

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12 judgments

Citation	Judgment date
March 2013
Ssebagala v Nakubulwa & Ors (Miscellaneous Application No. 55 of 2013) [2013] UGHCLD 34 (26 March 2013) Court granted a temporary injunction restraining the respondents from entering disputed land pending the main suit. Land law – interim relief – temporary injunction pending trial – requirement of prima facie case, probability of success, balance of convenience and irreparable harm; Civil procedure – service and ex parte proceedings – affidavit of service and entitlement to proceed where respondents do not appear.	26 March 2013
Buziranjovu Development Company Ltd v Nantaba (Miscellaneous Application No. 141 of 2013) [2013] UGHCLD 25 (25 March 2013) Court granted temporary injunction preventing ministerial interference with disputed leased land pending trial. * Civil procedure – interlocutory injunction – principles for grant (prima facie case; irreparable injury; balance of convenience). * Land law – protection of lessee’s possession and investments pending dispute resolution. * Administrative action – restraining a public official from interfering with disputed private property pending litigation.	25 March 2013
Jotena (U) Ltd v Commissioner Land Registration (Miscellaneous Cause No. 43 of 2011) [2013] UGHCLD 26 (25 March 2013) Temporary injunction granted to restrain respondents from interfering with suit land pending the main suit. Land law – interim relief – temporary (interim) injunction under Order 41 CPR; requirements for injunction: prima facie case and probability of success; irreparable harm; ex parte proceedings where respondents served but absent.	25 March 2013
Muhumuza v Nuwagaba (Miscellaneous Application No. 717 of 2012) [2013] UGHCLD 27 (25 March 2013) Court allowed joinder and amendment to add a second defendant in a land dispute to avoid multiplicity of suits. Land dispute; Joinder of parties; Order 1 Rule 3 CPR; Amendment of plaint; Alleged breach of interim order; Avoidance of multiplicity of suits.	25 March 2013
Rama Makuza v Nakamya & Ors (Ma No. 140 of 2013) [2013] UGHCLD 32 (25 March 2013) Alleged fraud and procedural defects in a defence require trial‑level evidence; application to strike out dismissed without costs. Civil procedure – strike out/dismissal of defence – allegations of fraud; proof of fraud requires evidence and attribution to defendant; procedural non‑annexure of documents; admissibility under Order 7 r.18 and Order 6 r.2; language of court – section 88; inherent power to strike out only where defect is apparent on face of record and incurable.	25 March 2013
Tools & Fasteners Ltd v Khimani Ravji & Anor (Miscellaneous Application No. 09 of 2011) [2013] UGHCLD 33 (25 March 2013) Consent settlement resolved the dispute; suit withdrawn with each party bearing own costs; applicants’ enforcement application dismissed. Civil procedure – Consent settlement – recording settlement as consent decree (Order 25 r.6) – enforcement and consequential transfer (s.39(2) Judicature Act) – costs – withdrawal by consent – overtaken proceedings – abuse of process.	25 March 2013
Iga v Nsanja (Miscellaneous Application No. 858 of 2012) [2013] UGHCLD 24 (21 March 2013) Administrator with proprietary interest may be joined as co‑defendant to avoid multiplicity and ensure complete adjudication. Land law – Joinder of parties – Order 1 r.3 CPR – Administrator’s proprietary interest – Cancellation of registration – Premature interlocutory judgment – Avoidance of multiplicity of proceedings.	21 March 2013
Lugoloobi and Another v wasswa and Another (Civil Suit No. 565 of 2007) [2013] UGHCLD 403 (13 March 2013) Transfer of land deemed fraudulent due to forged documents and absence of consent from co-owners. Land Law – Fraudulent Transfer – Bona fide Purchaser – Necessity of Consent from Co-owners in Land Sale.	13 March 2013
Sinnabulya v Sekibaala (Civil Appeal No. 6 of 2005) [2013] UGHCLD 23 (12 March 2013) Illiteracy and mistaken recourse to local dispute mechanisms can constitute sufficient cause to set aside an ex parte decree. Civil procedure – Order 9 rule 27 – Setting aside ex parte judgment – Sufficient cause – Illiteracy and mistaken recourse to Local Council as grounds for reinstatement; Land law – customary occupation protected – risk of injustice from exclusion from trial; Constitutional discretion – Article 126(2)(e); Remedies – restoration of possession, reinstitution of suit, transfer and re‑trial.	12 March 2013
Hajati Mulagusi v Pade (Civil Appeal No. 28 of 2010) [2013] UGHCLD 94 (4 March 2013) Long-term occupant held a bona fide occupier; trespass claim not time-barred; appeal allowed with costs. Land law – Bona fide occupancy under Article 237 and Land Act s.29(2) – Trespass as continuing tort – Limitation – Evaluation of evidence and untested testimony – Compensation as recognition of occupation.	4 March 2013
Kiwalabye v Kifamba (Civil Suit No. 458 of 2012) [2013] UGHCLD 22 (4 March 2013) Beneficiary proved testamentary title to a kibanja; defaulting caretaker evicted, injunction issued and damages awarded. * Succession law – validity of testamentary bequest of a kibanja held on Kabaka’s land – capacity under section 129 of the Succession Act. * Civil procedure – default judgment and ex parte formal proof – burden of proof remains on plaintiff; failure to file defence may amount to admission. * Land law – entitlement to possession of kibanja and remedies of eviction and permanent injunction. * Damages – award of general damages for dispossession and inconvenience.	4 March 2013
Prof.Wavamunno v Sekyanzi (Civil Appeal No. 27 of 2010) [2013] UGHCLD 93 (4 March 2013) Appellate court affirmed respondent’s bona fide kibanja occupancy, upheld damages and expunged an improperly inserted valuation figure. * Land law – bona fide occupant (kibanja) – s.29(2) & (5) Land Act – adverse possession and inheritance evidence * Succession – inheritance v. Letters of Administration – beneficiary’s right to protect estate without letters * Contracts – undertakings to remove property – cannot extinguish statutory kibanja rights; duress allegations require scrutiny * Remedies – compensation for eviction at government rate; award of general damages for unlawful eviction * Civil procedure – appellate rehearing, evaluation of evidence, and correction of unlawful terms in decree	4 March 2013