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.
4 judgments
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4 judgments
Citation
Judgment date
September 2013
Written signed authorisation is required for representative joinder; unsigned persons cannot be represented and are struck out.
Civil procedure — Joinder of parties — Representative authority — Order 1 r.12(1)&(2) CPR requires written signed authority — unsigned persons not represented — distinction between representative and agent; Power of Attorney not required — late authorisation does not necessarily invalidate joinder.
24 September 2013
Court confirms fraudulent property transfer claim, orders foreclosure for loan recovery.
Contract Law – Mortgage – Fraudulent property transfer disputes – Recovery of loan amounts secured by property.
19 September 2013
Court allowed extension to file amended plaint, finding reasons bona fide and no demonstrated prejudice to the respondent.
Civil procedure – Amendment of pleadings – Extension of time under O.6 r.25 CPR – Discretionary factors: prejudice to opposite party, avoidance of multiplicity, good faith, and legality. Relief – Application for leave to file amended plaint out of time – evidence required to establish prejudice and bad faith. Costs – power to award costs where extension is granted.
11 September 2013
Applicant entitled to interlocutory injunction to preserve pre-application status quo where respondents began development after an earlier court order.
Civil procedure – interlocutory injunctions – preservation of status quo pending trial – requirements: triable issues, irreparable injury, balance of convenience. Land law – effect of registered title under Registration of Titles Act at interlocutory stage – not decisive absent trial or proof of fraud. Contempt/clean hands – commencing development after court order impacts equitable relief. Interpretation of "status quo" in land disputes – state immediately preceding the complained acts.
4 September 2013