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) Consent to bank payment, parol-evidence exception and estoppel defeated breach and misrepresentation claims; specific performance ordered. Contract for sale of land – breach – payment by third party bank account – parol evidence rule and Section 92(d) exception – estoppel (s.114 Evidence Act) – misrepresentation – specific performance – costs	31 March 2014
Ssembatya v Nagadya (Miscellaneous Application No. 23 of 2012) [2014] UGHCLD 86 (31 March 2014) Consent judgment signed without proper authority was not binding on the applicant; application to remove caveat and relocate graves dismissed. Land law – Consent judgment – Valid execution and signature – Order 3 CPR on advocate as agent – Caveat and relocation of graves – Proof of payments to advocate – Procedural irregularity in representation	31 March 2014
Semwanga v Kwizera (Misc. Application No. 412 of 2013) [2014] UGHCLD 94 (26 March 2014) Applicant failed to satisfy requirements for a stay of execution pending appeal; application dismissed with costs. Civil procedure — Stay of execution pending appeal (Order 22 r.26) — likelihood of success on appeal; substantial loss; delay; security for due performance	26 March 2014
Nalubowa v Nsamba (Civil Appeal No. 48 of 2008) [2014] UGHCLD 95 (25 March 2014) An appeal duplicative of an earlier appeal and lacking a memorandum of appeal is redundant and dismissed. Civil procedure — Duplicate appeals — Precedence of earlier-filed appeal — Requirement to lodge memorandum of appeal (Order 43 r.1(1)) — Redundancy and dismissal — File closure	25 March 2014
Tallikwa v Commissioner Land Registration (Registrar od Titles Wakiso) (Misc. Application No. 1274 of 2013) [2014] UGHCLD 96 (24 March 2014) Applicant permitted discovery compelling Registrar to produce mutation/transfer instruments and search reports to identify current land proprietors. Land registration – Discovery under Order 10 – Duty of Commissioner/Registrar to produce mutation and transfer instruments and search reports – Necessity of disclosure for fair adjudication and amendment of pleadings – Ex parte relief where respondent absent	24 March 2014
Kisitu v Bateesa (Civil Appeal No. 056 of 2011) [2014] UGHCLD 10 (20 March 2014) Whether respondent was a lawful occupant under the Land Act; court found he was not and granted possession. Land law — Lawful/bona fide occupant — Sections 29(1) & 29(2) Land Act — Transfer by squatter — Evidential weight of busuulu receipts and letters of administration — Appellate re-evaluation of findings and locus visit evidence	20 March 2014
Tumusiime v Namagembe & anor (Civil Appeal No. 42 of 2013) [2014] UGHCLD 9 (6 March 2014) Failure to obtain statutory leave renders an appeal from a preliminary‑objection dismissal incompetent and subject to striking out. Civil procedure — Appealability — Preliminary objections — Leave to appeal required under Order 44 r.1(2) CPR — Section 76 CPA — Article 126(2)(e) of the Constitution does not cure failure to obtain statutory leave — Competence of appeal	6 March 2014