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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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8 judgments
Citation
Judgment date
June 2014
Davanti Union Limited v Commissioner Land Registration (Misc. Application No. 262 of 2014) [2014] UGHCLD 107 (24 June 2014)
Interim injunction granted to restrain cancellation of registered title pending substantive challenge due to prima facie case and risk of irreparable harm.
Land law – interim relief – temporary injunction to restrain cancellation of a certificate of title; prima facie case; irreparable harm; balance of convenience; requirement of natural justice when cancelling title; removal of caveat (Land Act ss. 91, 140(2)).
 24 June 2014
Makumbi v Katumba (Miscellaneous Application No. 316 of 2014) [2014] UGHCLD 26 (23 June 2014)
Court orders production of Power of Attorney and accounts; medical evidence suffices to show mental infirmity for Next Friend proceedings.
Civil Procedure – Order 20 r.1 & r.2 – Plaint praying for an account – requirement to order accounts unless a preliminary question is shown to exist by defendant who has appeared; Next Friend / Capacity – Order 32 r.15 – distinction between adjudged unsound mind and mental infirmity; medical evidence may suffice to establish incapacity; Competence – adverse interests of Next Friend must be proved to disqualify; Relief – production of Power of Attorney and order to furnish accounts.
 23 June 2014
Ssempala v Ndagire & anor (Civil Appeal No. 45 of 2011) [2014] UGHCLD 64 (17 June 2014)
Failure to inspect the locus and delegating boundary demarcation vitiated the trial; retrial ordered.
Land law – trespass and encroachment – necessity of locus in quo inspection in boundary disputes – inadmissibility of judicial delegation of demarcation to emissaries – appellate re-evaluation of mixed fact and law.
 17 June 2014
Ddungu v The Co-operative Bank Limited (Misc. Cause No. 33 of 2012) [2014] UGHCLD 108 (16 June 2014)
Application to remove caveat not time‑barred; Order 5 service rules govern suits, not chamber summons.
Civil procedure – chamber summons vs substantive suit – Order 5 service requirements not applicable to motions in chambers; Limitation Act s.5 – proceedings to remove a caveat by a registered proprietor are not an action for recovery of land and not time‑barred; Registrar’s duty under s.140 RTA to notify proprietor of caveat.
 16 June 2014
Green Skyways Agencies Ltd & Anor v Bank of Africa (Misc. Application No. 264 of 2014) [2014] UGHCLD 106 (16 June 2014)
A dismissal for non-appearance may be set aside where counsel’s negligence amounts to sufficient cause and reinstatement is promptly sought.
Civil procedure – O.9 R.23 CPR – setting aside dismissal for non-appearance; "sufficient cause" includes counsel's negligence; prompt and genuine pursuit of reinstatement; costs consequences.
 16 June 2014
Gwokyaye & Anor v The Commissioner Land and Registration Department Ministry of and, Housing & Development & Anor (Misc. Cause No. 051 of 2013) [2014] UGHCLD 105 (16 June 2014)
Commissioner unlawfully reopened a concluded land dispute; court quashed her actions and barred further proceedings.
Administrative law – Judicial review – Decision – Whether a letter inviting further hearing amounted to a reviewable decision; Land law – Commissioner’s powers under s.91 Land Act – functus officio and ultra vires; Remedies – certiorari, prohibition, mandamus, injunction; Proper remedy – appeal to High Court under s.91(10) Land Act; Evidence – no general damages without proof.
 16 June 2014
Oijuke & Anor v Tayebwa (Miscellaneous Application No. 1194 of 2013) [2014] UGHCLD 104 (16 June 2014)
Default judgment set aside where defendant’s illness and non‑service on co‑defendant justified reopening; damages require formal proof.
Civil procedure — setting aside ex parte/default judgment — Order 9 rr.6,12,27 CPR; liquidated demand vs unliquidated/pecuniary damages — final judgment for liquidated sum and interlocutory judgment for damages requiring formal proof; sufficient cause — illness; service of process; registrar’s duty to set down for proof.
 16 June 2014
Evarist Mugabi V China Road & Bridge Corporation Ltd (Miscellaneous Application No. 112 of 2014) [2014] UGHCLD 138 (10 June 2014)
Part of a plaint alleging the plaintiff is lessee was struck out as res judicata, but other contractual and equitable claims remain.
Civil procedure – Order 7 r.11 (rejection of plaint) – distinction between inherent defects and preliminary points of law; Res judicata – section 7 Civil Procedure Act – identity of parties, identity of issue, prior final decision; Specific performance, recovery of premium and equitable interest not necessarily barred by prior decree on title/lease invalidity.
 10 June 2014