Skip to document content Skip to main menu Skip to search

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
10 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
10 judgments
Citation
Judgment date
July 2013
Kambenkwine & Ors v Kiconco (Civil Appeal No. 35 of 2011) [2013] UGHCLD 95 (15 July 2013)
Customary lawful occupancy under Section 29(1)(c) can defeat a later leaseholder’s trespass claim absent disclosure or compensation.
* Land law – Customary tenure recognised under Article 237 and Land Act – lawful occupant under Section 29(1)(c). * Registered lease/certificate of title does not automatically extinguish pre-existing customary occupancy absent disclosure and compensation. * Trespass – burden to prove possession; mere registration insufficient if customary occupants not compensated. * Pleading fraud – particulars required; cannot be proved by submissions alone.
 15 July 2013
Byekwaso & Anor v Ndagire (Civil Appeal No. 78 of 2012) [2013] UGHCLD 69 (11 July 2013)
Appeal allowed where trial court wrongly relied on a void sale agreement and mis-evaluated evidence and pleadings.
Land law – kibanja interest – validity of sale – capacity to sell – letters of administration (Succession Act s.180) – minors executing contracts – departure from pleadings (Order 6 r.7 CPR) – proof of general damages – appellate evaluation of evidence.
 11 July 2013
Kampama v Registrar of Titles (Miscellaneous Cause No. 12 of 2013) [2013] UGHCLD 70 (11 July 2013)
High Court may order Registrar to cancel a registered proprietor’s title under s.177 RTA after judicial recovery of the land.
Land law – Registration of Titles Act s.177 – Rectification/cancellation of certificate of title following recovery of land by judgment; ex parte applications where Registrar duly served; evidentiary requirement of certified lower court judgment and decree.
 11 July 2013
Kato Luguza & Anor v Nakafero & Anor (Civil Appeal No. 37 of 2011) [2013] UGHCLD 71 (11 July 2013)
Applicant failed to prove instruction of counsel or a plausible defence; appeal dismissed with costs.
Civil procedure – setting aside ex parte judgment – requirement to show instruction to counsel and a plausible defence; affidavits governed by Order 19 CPR; hearsay inadmissible; litigant’s duty to follow up counsel; documents introduced at submissions not proper evidence.
 11 July 2013
Makonya Properties Ltd v Attorney General (Civil Suit No 735 of 2007) [2013] UGHCLD 72 (11 July 2013)
Plaintiff awarded general damages for government’s prolonged retention of title; interest denied as unpleaded.
Land law – wrongful retention of certificate of title by State officials – loss of use and loss of income – assessment of general damages; Civil procedure – ex parte hearing does not discharge plaintiff’s burden of proof; Pleading requirements – interest must be pleaded and proved before award; Costs – costs follow the event.
 11 July 2013
Ssali & Anor v Commissioner Land Registration (Ma No. 859 of 2012) [2013] UGHCLD 73 (11 July 2013)
Mandamus granted to compel the registrar to note re‑entry and cancel a lease after disobedience of a court order.
Judicial review; mandamus to compel administrative action; enforcement of unappealed court decree; contempt for disobedience of court order; protection of property rights (s.26 Constitution).
 11 July 2013
Kawoya v Mawalazi (Ma No. 87 of 2013) [2013] UGHCLD 67 (4 July 2013)
Court found the applicant aggrieved by an ex parte judgment and overruled the preliminary objection, allowing review proceedings to continue.
Judicial review — Review of ex parte judgment — Aggrieved person requirement; Civil Procedure — Order 46 r.1 and s.82 CPA — grounds for review (new evidence, apparent error on face of record); Preliminary objection practice — PO raises pure point of law and assumes facts pleaded; Merits vs. procedural threshold — apparent errors addressed at merits stage.
 4 July 2013
Mukasa v Musamali (Ma No. 04 of 2011) [2013] UGHCLD 68 (4 July 2013)
Registrar may refuse execution where the applicant’s title is tainted by an unappealed criminal conviction; vesting order was improper.
Land law – Execution of decrees – registrar’s discretion to refuse execution where decree-holder’s title is tainted by fraud and criminal conviction; Criminal conviction for obtaining registration by false pretences – effect on execution; Appeals – timeliness and certification of appeal documents; Registration of Titles Act s.177 – vesting orders require successful civil action to recover land, criminal proceedings insufficient.
 4 July 2013
Birungi v Kimbugwe and 6 Others (HCCS No. 193 of 2008) [2013] UGHCLD 406 (3 July 2013)
The plaintiff was wrongfully evicted from property after landlord's death; court awards damages for unlawful eviction and improvements.
Landlord and tenant law – unlawful eviction – executor's rights without probate – compensatory damages for tenant improvements.
 3 July 2013
Uganda Investment Authority and Another v M/S Victoria Best Limited (HC.C.S. NO. 279 OF 2010) [2013] UGHCLD 405 (3 July 2013)
Court declared the 2nd Plaintiff the rightful owner due to priority in registration and cancelled Defendant's erroneous title.
Land law – Title registration – Priority of registration determines legality of ownership – Error in issuance of title by land commission
 3 July 2013