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

13 judgments

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13 judgments

Citation	Judgment date
May 2013
Kaggwa v Nampiso (Originating Summons No. 11 of 2012) [2013] UGHCLD 50 (30 May 2013) A vesting order under section 167 RTA requires proof of possession and vendor unavailability; lacking these, the applicant's claim fails. * Land law – Originating summons (Order 37 CPR) – Vesting order under section 167 Registration of Titles Act – Requirements: registered land, full payment, possession with vendor's acquiescence, and vendor dead/out of jurisdiction/unfindable. * Remedy – where section 167 conditions not met, seek recovery of land by civil suit and vesting under section 177 RTA. * Ex parte proceedings – burden of proof remains on applicant.	30 May 2013
Lubega & Anor v Luwero Town Council & Anor (Civil Suit No. 193 of 2009) [2013] UGHCLD 51 (30 May 2013) A preliminary objection based on disputed facts and alleged illegality cannot be decided without trial; objection overruled. Civil procedure – preliminary objection – point of law vs disputed facts – PO inappropriate where extrinsic evidence required; alleged illegality (lack of ministerial consent/written agreement) not susceptible to disposal on preliminary objection; PO must be capable of disposing entire action to be heard pre-trial.	30 May 2013
Nsereko and Another v Musoke Mbidde and 4 Others (Miscellaneous Application No. 217 of 2013) [2013] UGHCLD 400 (30 May 2013) Applicants' delayed application to join a suit dismissed as bad faith and an abuse of court process. Civil Procedure - Addition of parties - Timing of application - Delay and bad faith	30 May 2013
Nsereko & Anor v Musoke Mbidde & Anor (Miscellaneous Application No. 217 of 2013) [2013] UGHCLD 52 (30 May 2013) Late joinder application after trial and ex parte hearing was abusive and dismissed with costs. Land law – Joinder of parties – Order 1 CPR – Application to add defendants after plaintiff’s case closed and judgment reserved – Delay and prior attendance – Abuse of process – Multiplicity of proceedings.	30 May 2013
Nalwoga v EDCO Ltd & Anor (Ma. No.07 of 2013) [2013] UGHCLD 49 (29 May 2013) Stay of execution granted pending appeal because appeal was arguable and eviction would render it nugatory. * Civil procedure – Stay of execution pending appeal – criteria: arguable appeal and risk of appeal being rendered nugatory. * Court's role – preserve status quo without prejudging merits. * Execution – whether execution was concluded and legality of eviction attempts. * Relief granted – stay of execution with costs in the cause.	29 May 2013
GAPCO Uganda Ltd v Kaweesa & Anor (Ma No. 259 of 2013) [2013] UGHCLD 47 (28 May 2013) Whether a temporary injunction should restrain eviction and preserve the status quo pending a lease dispute. * Land law – interlocutory injunction – requisites for grant: prima facie case, irreparable injury, balance of convenience. * Preservation of status quo pending trial in lease dispute. * Goodwill and long occupation as factors in assessing irreparable harm.	28 May 2013
Lotigo v Arinaitwe & Anor (Ma No. 248 of 2013) [2013] UGHCLD 48 (28 May 2013) Court granted a temporary injunction preserving disputed land pending trial despite the mortgagee's objection to a deposit requirement. Land law - temporary injunction - preservation of status quo pending trial; prima facie case and risk of irreparable harm; alleged fraudulent transfer/mortgage; mortgagee's deposit requirement under Mortgage Regulations 2012.	28 May 2013
Ssemakula v Serunjogi (Civil Suit No. 187 of 2012) [2013] UGHCLD 46 (27 May 2013) An administrator may sue to recover estate land and alleged fraud postpones the limitation period. Land law – Pleadings – Cause of action – Administrator with letters of administration has locus to sue for estate property; Limitation Act – Section 25 – fraud postpones limitation period until discovery; Civil Procedure – Order 7 r.11(d) – plaint not to be rejected where fraud exception arguable and raises triable issues.	27 May 2013
Kabataizibwa v Sembuya & Ors (Civil Suit No. 226 of 2005) [2013] UGHCLD 45 (23 May 2013) Limitation for land claims postponed until plaintiff discovered alleged fraud; preliminary objection dismissed and matter to proceed to trial. * Limitation Act – s.5 (12-year limitation for actions to recover land) – s.25 (postponement where action based on fraud) – time runs from discovery of fraud. * Cause of action – accrual in fraud cases – registration date not decisive where fraud discovered later. * Civil Procedure – Order 8 r.19 – filing and service of defence – procedural non-compliance as curable technicality where party participates in proceedings. * Preliminary objection – suitability of determination on pleadings versus matters of evidence for trial.	23 May 2013
Mathias Mutulankya V Lukyamuzi Lawrencio (Civil Appeal No. 0064 of 2012) [2013] UGHCLD 99 (16 May 2013) Appeal dismissed: will vested registered interest in respondent, appellant’s dispossession was trespass, damages affirmed. Land law – succession and bequest – construction of a will elevating a kibanja to registered interest; possession and trespass; appellate procedure – decree extraction obsolete technicality; High Court jurisdiction vs administrative circuits; locus in quo discretion; assessment of general damages.	16 May 2013
Emmaus Foundation v Kawaddwa (Civil Suit No. 53 of 2011) [2013] UGHCLD 44 (14 May 2013) Registered title is conclusive; unauthorised entry is trespass and plaintiff entitled to injunction and damages. Land law – Trespass – Registered title conclusive under s.59 Registration of Titles Act – Bona fide purchaser protection under s.181 – Counterclaim for cancellation of title for alleged fraud dismissed – Permanent injunction and damages for trespass.	14 May 2013
Kagoro v Samalien Properties Uganda Limited (Civil Suit No. 59 of 2010) [2013] UGHCLD 402 (7 May 2013) Court ordered a refund for a failed property transaction due to the defendant's unjust enrichment and lack of title transfer. Civil procedure - contract of sale - failure to deliver good title - unjust enrichment - contractual refund obligation	7 May 2013
Mayanja v Kasikururu & Anor (Originating Summons No. 05 of 2008) [2013] UGHCLD 43 (7 May 2013) Foreclosure claim dismissed as time-barred and improperly brought where fraud allegations require full plaint and proof. * Limitation of actions – mortgage – section 18(1) Limitation Act – twelve-year period applies to recovery of principal secured by mortgage. * Disability – Limitation Act – only infancy and unsoundness of mind qualify; political instability not a statutory disability. * Procedure – originating summons vs plaint – allegations of fraud and contested factual issues require plaint and full hearing. * Pleading fraud – particulars and strict proof required; not appropriate for summary determination by affidavit.	7 May 2013