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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
9 judgments
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9 judgments
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April 2013
Mitti v Lutuma (Miscellaneous Cause No: 51 of 2012) [2013] UGHCLD 42 (29 April 2013)
A single joint administrator cannot validly sue alone to remove a caveat; such an application is a nullity.
Succession Act s.264 – joint administrators’ authority; Caveat removal – necessity to annex the caveat and supporting affidavit; Failure to join co‑administrator renders proceedings a nullity; Non‑reply by caveator does not discharge applicant’s burden of proof; Title disputes – remedy by plaint/action rather than summary application.
 29 April 2013
Muganzi v Nantaba (Miscellaneous Cause No. 21 of 2013) [2013] UGHCLD 41 (26 April 2013)
Ministerial interference in a pending land suit was unlawful and prohibited to protect the court's jurisdiction and status quo.
Judicial review — Prohibition — Ministerial interference in pending litigation — Sub-judice rule — Ultra vires actions — Protection of status quo pending determination by court.
 26 April 2013
Uganda Bus Operators Association Investiments Ltd Vs Kampala Capital City Authority & Anor (Miscellaneous Application No. 871 of 2012) [2013] UGHCLD 98 (26 April 2013)
Applicant estopped from impugning consent judgment; execution was unlawful but restitution denied due to delay and changed circumstances.
Civil procedure – Joinder of parties and consent judgments; estoppel and finality of consent decrees absent fraud/misapprehension; execution – warrant must conform to decree; unlawful eviction – setting aside execution; remedies – restitution refused for laches and changed circumstances.
 26 April 2013
Byekwaso & Anor v Ndagire (Civil Appeal No. 078 of 2012) [2013] UGHCLD 37 (18 April 2013)
Failure to extract a formal decree does not render an appeal incompetent; substantive justice prevails over technicalities.
Magistrates Courts Act s.220(1)(a) – extraction of decree – Article 126(2)(e) Constitution – substantive justice over technicalities – Court of Appeal authority: decree extraction a mere technicality – Order 21 r.7(3) CPR – magistrate’s duty to draw decree – preliminary objection on competency of appeal overruled.
 18 April 2013
Mugisha v Banya & Anor (Civil Suit No. 833 of 2007) [2013] UGHCLD 38 (18 April 2013)
Court denied statutory compensation for unproven losses but awarded UGX15,000,000 general damages and costs for wrongful caveat.
* Property law – Registration of Titles Act s.142 – liability for lodging caveat without reasonable cause – compensation requires proof of damages. * Civil procedure – burden to plead and prove damages; court will not award compensation absent cogent evidence. * Damages – general damages for inconvenience, loss of use and distress caused by wrongful caveat. * Costs – withdrawal of caveat after commencement of suit does not defeat award of costs.
 18 April 2013
Mukiibi & Ors v Commissioner Land Registration & Ors (Miscellaneous Application No. 1083 of 2012) [2013] UGHCLD 39 (18 April 2013)
Court refused applicant’s interim injunction; status quo and balance of convenience favoured respondents in possession.
Civil procedure — temporary injunction — requirements: pending suit; prima facie case; irreparable injury; balance of convenience; status quo preservation where respondents are in actual occupation of disputed land; damages as adequate remedy for livelihood-related activities.
 18 April 2013
Nanteza Lubwama v St Lawrence Ltd & Ors (High Court Civil Suit No.142 of 2007) [2013] UGHCLD 40 (18 April 2013)
Plaintiff owns kibanja; 1st–3rd defendants trespassed and must pay compensation, damages, mesne profits, interest and costs.
* Land law – kibanja ownership – proof of ownership by agreement and possession; * Trespass – unlawful entry, cutting of trees, grading and dispossession; * Bona fide purchaser – notice and when defence fails; * Remedies – compensation for land and trees, general damages, mesne profits, interest and costs; * Apportionment of liability – active trespassers vs prior registered proprietor.
 18 April 2013
Nsubuga v Animo (Misc. Application No. 357 of 2012) [2013] UGHCLD 36 (9 April 2013)
Court refused to review a consent judgment and allowed execution and sale after the applicant defaulted.
Land law – consent judgment – review/rescission of consent decree – misrepresentation must affect state of mind at execution to set aside consent; consent judgment supersedes original cause of action; execution and sale permissible where party defaults.
 9 April 2013
Mubiru v Mubiru (Revision Cause No. 04 of 2012) [2013] UGHCLD 35 (4 April 2013)
A magistrate lacked pecuniary jurisdiction over a UGX 280M land dispute; resulting judgment declared a nullity and set aside.
* Civil procedure – Revision under section 83 CPA and Order 52 CPR – Jurisdictional review of magistrate's judgment * Magistrates’ jurisdiction – Section 207 Magistrates Courts Act (Grade I limit UGX 20,000,000) * Valuation – "value of the subject matter" determined by relief sought; powers in perpetuity (joint management, permanent injunction) attract property value * Judgment without jurisdiction – nullity; can be set aside ex debito justitiae
 4 April 2013