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

All months

Filters

Sort by:

10 judgments

Citation	Judgment date
December 2014
Kamulegeya v Zaribwende (Civil Suit No. 417 of 2006) [2014] UGHCLD 52 (15 December 2014) Longstanding non-payment by a lawful lessee justified lessor’s re-entry and award of vacant possession and damages; relief against forfeiture denied. Land law – Mailo reversion vs leasehold derived from expropriation sale; effect of Expropriated Properties Regulations on lease term; lessor’s right of re-entry for non-payment of rent under Registration of Titles Act; relief against forfeiture – discretionary relief and long unpaid rent as ground for refusal; remedies – vacant possession, injunction and damages.	15 December 2014
Emorani v Nakendo & 2 Ors (Misc. Application No. 478 of 2014) [2014] UGHCLD 131 (12 December 2014) Temporary injunction granted to preserve disputed land pending trial due to prima facie case and risk of irreparable harm. Land — Interim relief — Temporary injunction to preserve status quo pending trial; prima facie case; irreparable harm; balance of convenience; deposit of titles with Registrar.	12 December 2014
Kiggundu & Ors v Bwanswa Local Council III & Anor (Civil Suit No. 689 of 1996) [2014] UGHCLD 51 (12 December 2014) The sub‑county was liable for crop/land damage from roadworks; the Attorney General was not vicariously liable. Land and compensation – proof of ownership and equitable interest; damage to crops from road works; Local Government liability for Sub‑County projects; admissibility and contemporaneity of valuation reports; road reserve doctrine and statutory declaration; vicarious liability – absence of evidence of employee acting in course of employment.	12 December 2014
Nabanja v Sendagire & Anor (Civil Suit No. 182 of 2014v) [2014] UGHCLD 134 (12 December 2014) Whether a withdrawal notice takes effect on filing and whether a subsequent suit must be stayed for unpaid withdrawal costs. Civil procedure - Withdrawal/discontinuance of suit - When notice of withdrawal takes effect; endorsement not required. Civil procedure - Subsequent suits - Discretion to stay proceedings under Order 25(4) CPR where costs unpaid. Civil procedure - Costs - Section 27(1) CPA grants broad judicial discretion; lower court's costs order is final and reviewable on appeal.	12 December 2014
Pinto v Walter & 3 Ors (Miscellaneous Cause No. 34 of 2012) [2014] UGHCLD 132 (12 December 2014) Whether caveats protect valid legal or equitable interests and whether they should be vacated under section 139 RTA. Land law – Caveats under section 139 RTA – Validity requires a protectable legal or equitable interest; notice-motion under s.139 cannot decide substantive disputes (contract validity, fraud, jurisdiction) which require a full suit; non-appearance may lead to vacation of caveat; inability to grant vesting order or special certificate where competing caveats subsist.	12 December 2014
Emmanuel Mugabo V Saava Stephen & Joseph Kiggala (The Administrators of the estate of the late Kasalina Nkiinzi Nalinya) & Another (Miscellaneous Cause No. 65 of 2012) [2014] UGHCLD 137 (8 December 2014) A purchaser who paid and possessed land while the vendor avoids transfer is entitled to a vesting order and costs. Registration of Titles Act – vesting order – requirements: proof of sale, full payment, purchaser’s possession with vendor acquiescence, and inability to obtain transfer because vendor is unavailable or refuses to transfer – remedy: vesting order, survey/curving and registrar to vest title.	8 December 2014
Kananura v Mugyenyi (Civil Suit No. 57 of 2008) [2014] UGHCLD 67 (5 December 2014) Interconnected land and car sales vitiated by fraud; contracts set aside, refunds ordered and the plaintiff pays Shs.50,000,000 general damages. Land sale and sale of goods – interconnected transactions – whether vehicle purchase formed part of land consideration – misrepresentation and fraud vitiating sale – failure of consideration – entitlement to specific performance – refunds, damages and costs.	5 December 2014
Mujjwiga & 8 Ors v Panyahululu Co. Ltd & 2 Ors (Civil Suit No.088 of 2013) [2014] UGHCLD 133 (4 December 2014) Court struck out absent plaintiffs who failed to comply with a specific court order to appear for identity verification. Land dispute – community interest alleged in registered land – challenge to plaintiffs’ identities and existence. Civil procedure – Order 3 R.1 (representation by advocate) vis-à-vis court-directed personal appearance. Civil procedure – Order 17/Order 9 CPR – consequences of failing to comply with court order to appear (striking out/dismissal). Proof of advocate’s instructions – not generally required in open court but personal verification may be ordered where identities are contested. Procedure for deceased plaintiff – obtain Letters of Administration and effect substitution.	4 December 2014
Springs International Hotel Ltd v Hotel Diplomate Ltd & Anor (Civil Suit No. 227 of 2011) [2014] UGHCLD 40 (3 December 2014) Subsequent suit concerning the same property was struck out for lis pendens and abuse of court process; costs awarded. Civil procedure – lis pendens – whether subsequent suit raises matters directly and substantially in issue in an earlier suit (s.6 Civil Procedure Act). Civil procedure – meaning of “same parties” in lis pendens – practical overlap suffices. Civil procedure – multiplicity of suits and abuse of court process – court’s inherent and statutory powers to strike out. Reliefs and competent forum – earlier suit competent to grant reliefs sought in subsequent proceedings.	3 December 2014
John Kasule V Muwonge Moses & Another (Civil Suit No. 213 of 2013) [2014] UGHCLD 140 (1 December 2014) Whether a fraudulently obtained title should be cancelled and the plaintiff registered as estate administrator. Land law – Fraudulent registration of title – Cancellation of title and substitution of administrator under Registration of Titles Act s.176(c) – Award of damages, injunction, costs and interest.	1 December 2014