HC: Land Division (Uganda) - 2014 March

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7 judgments

Citation	Judgment date
March 2014
Nuwagaba v Musana (Civil Appeal No. 42 of 2012) [2014] UGHCLD 11 (31 March 2014) Specific performance granted where initial deposit was paid by bank with seller's consent; no misrepresentation proved. Contract for sale of land; payment by instalments; admissibility of subsequent oral agreement under s.92(d) (parole evidence exception); estoppel (Evidence Act s.114); misrepresentation; specific performance as remedy for sale of land.	31 March 2014
Ssembatya v Nagadya (Miscellaneous Application No. 23 of 2012) [2014] UGHCLD 86 (31 March 2014) Consent judgment unsigned by the applicant was not binding; application to enforce it is dismissed, costs shared. Civil procedure – Consent judgment – Validity and binding effect – Requirement that party personally assent or expressly authorize counsel to sign – Advocate who is a party cannot sign for another without authority; consequence of irregular execution.	31 March 2014
Semwanga v Kwizera (Misc. Application No. 412 of 2013) [2014] UGHCLD 94 (26 March 2014) Application for stay of execution pending appeal dismissed for delay, lack of substantial irreparable loss and failure to provide security. Land law – Stay of execution pending appeal – Order 22 r.26 CPR – Requirements: pending appeal, likelihood/serious question on appeal, substantial loss, absence of unreasonable delay, provision of security – Quantifiable rent as reparable loss – Delay and inability to provide security justify refusal of stay.	26 March 2014
Nalubowa v Nsamba (Civil Appeal No. 48 of 2008) [2014] UGHCLD 95 (25 March 2014) A later duplicate appeal lacking the mandatory memorandum was held redundant, improperly filed and therefore dismissed. Procedure — Appeals — Requirement to lodge memorandum of appeal (Order 43 r.1(1)) — Duplicate appeals — Earlier-filed appeal takes precedence — Registry/CCASS entries do not substitute for formal memorandum.	25 March 2014
Tallikwa v Commissioner Land Registration (Registrar od Titles Wakiso) (Misc. Application No. 1274 of 2013) [2014] UGHCLD 96 (24 March 2014) Court ordered the respondent (Registrar) to produce mutation, transfer instruments and search reports necessary for adjudication. Land law – Discovery under Order 10 CPR – Registrar of Titles’ duty to produce mutation and transfer instruments and search reports – Documents in possession/power of Registrar – Necessity for fair and final adjudication – Ex parte relief where respondent defaults.	24 March 2014
Kisitu v Bateesa (Civil Appeal No. 056 of 2011) [2014] UGHCLD 10 (20 March 2014) Appellate court held respondent failed to prove lawful occupation; injunction, vacant possession and costs granted to the applicant. Land law — lawful/bona fide occupation — scope of protection under Land Act s.29(1) and s.29(2); validity of Busuulu receipts and sale from alleged squatter; appellate review of trial evaluation and reliance on extraneous or speculative findings; locus in quo evidence; remedies — injunction, vacant possession, costs; damages not proved.	20 March 2014
Tumusiime v Namagembe & anor (Civil Appeal No. 42 of 2013) [2014] UGHCLD 9 (6 March 2014) An appeal against an order on a preliminary objection requires prior leave; failure to obtain leave renders the appeal incompetent. Appealability – orders on preliminary objections – leave required under Order 44 r.1(2) CPR; Appeal jurisdiction is statutory; Article 126(2)(e) of the Constitution does not cure failure to obtain leave; Res judicata – preliminary objection can dispose of subsequent applications.	6 March 2014