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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
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January 2014
Mukasa Alice v Centenary Bank Ltd & anor (Civil Suit No. 77 of 2010) [2014] UGHCLD 69 (24 January 2014)
Mortgagee’s sale set aside for failure to serve statutory demand/notice; purchaser entitled to restitution from the mortgagee.
* Land law – mortgage foreclosure – statutory demand/notice – requirement under Section 117 Registration of Titles Act. * Sale of mortgaged property – failure to notify guarantor – renders sale unlawful and set aside. * Title disputes – bona fide purchaser for value without notice – purchaser not held fraudulent where no concealment proved. * Equitable relief – purchaser entitled to restitution (refund, transfer expenses, interest) from mortgagee where sale set aside.
 24 January 2014
Masembe v The Administrator General & Ors (Misc. Application No. 925 of 2013) [2014] UGHCLD 88 (23 January 2014)
Ex parte dismissal set aside where applicant showed intention and reasonable efforts to attend court.
Civil Procedure – Order 9 Rule 18 CPR – setting aside ex parte dismissal – requirement of intention and reasonable efforts to attend – evidential sufficiency of affidavits – non-attribution of court security directions to applicant’s fault.
 23 January 2014
Quality Uganda Ltd Vs The register Trustees of the Muslim (sunni) Association & Anor (High Court Civil Suit No.288 of 2008) [2014] UGHCLD 271 (17 January 2014)
Court upheld plaintiff’s indefeasible title; no fraud found; Registrar lacked jurisdiction to cancel title; counterclaim dismissed.
Land law – lease expiry and reversionary interest – grant of fresh lease; Registration of Titles Act – indefeasibility of title (s.64) and exceptions (s.176); fraud in registration – requirements and burden of proof; jurisdiction to cancel registered title – Commissioner under s.91 versus High Court; remedies – declaratory relief, permanent injunction, costs.
 17 January 2014