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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

7 judgments

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7 judgments


July 2014
Mwemeke v Kakonge & Ors (HCT-04-CV-CA-0080-2009)) [2014] UGHCLD 57 (24 July 2014) Appellate court allowed appeal: trial magistrate misdirected on evidence and failed to visit locus; appellant declared owner. Civil procedure — Appeal — Evaluation of evidence — Appellate court review where trial court misdirected on documentary and oral evidence Evidence — Attested documents — Proof and verification of thumb impressions; Evidence Act ss.60, 61, 69, 72(2) Land law — Procedure in land disputes — Duty to visit locus; failure to visit may be fatal irregularity	24 July 2014
Kakebe Paul V Sebandeke Ibrahim & Another (Miscellaneous Cause No. 6 of 2014) [2014] UGHCLD 142 (21 July 2014) Application to remove long-standing caveat dismissed for lack of statutory notice and wrong defendant sued. Registration of Titles Act — Caveat — lapse under s.149 requires service of statutory notice and inaction; no automatic expiry. Succession law — Customary heir not necessarily legal representative or sole beneficial owner; proper party must be appointed before suit Procedure — appoint legal representative of deceased caveator and serve notice to show cause prior to seeking removal of caveat. Property law — Caveat is an encumbrance on the registry certificate and does not automatically bar issuance of a duplicate certificate of title	21 July 2014
Saku & Anor v Commissioner Land Registration & Anor (Misc. Cause No. 040 of 2014) [2014] UGHCLD 112 (14 July 2014) Judicial review refused where the Land Act provides an available appeal against the Commissioner's cancellation of title. Administrative law — Judicial review — Availability only where no alternative statutory remedy exists Land law — Registration of titles — Whether decisions made under s.165 RTA attract an appeal under s.91(10) Land Act Civil procedure — Inherent jurisdiction — Court may only invoke inherent powers to override specific statutory remedies when no adequate alternative exists	14 July 2014
Lubwama v Swift Links Investments Ltd & 3 Ors (Misc. Application No. 961 of 2013) [2014] UGHCLD 128 (11 July 2014) Company breached an injunction; company fined, directors not held in contempt without proof. Civil procedure — Contempt of court — Breach of injunction by a corporation — Liability of company and accountability of officers — Order 41 r.5 CPR; Judicature Act s.14; CPA s.98	11 July 2014
Fr. Anthony Matovu v Kamya & Ors (Civil Suit No, 825 of 2007) [2014] UGHCLD 111 (9 July 2014) Plaintiff failed to plead sufficient particulars or establish that the land remained part of the deceased’s estate; suit against 6th defendant dismissed. Civil procedure — Pleading — Whether a plaint discloses a cause of action — Order 7 Rule 11 CPR — Requirement to determine cause of action from plaint and attachments — Particulars of fraud — Mandatory requirements of Order 6 Rule 3 CPR when alleging fraud Succession — Administrator’s rights — Necessity to plead that disputed land formed part of the deceased’s estate at material time	9 July 2014
Kalamuzi v Sentongo (Civil Suit No. 393 of 2008) [2014] UGHCLD 109 (8 July 2014) Court upheld sale agreement despite mutual mistake, ordering equitable apportionment and survey instead of rescission. Contract law — Sale of land — Validity and enforceability where parties share a common mistake as to acreage — Mistake not necessarily voiding contract where subject matter exists and parties are partly at fault — Capacity/Illiteracy — Illiterates Protection Act — Requirement that contents be shown read and understood; late-raised objections may be rejected Remedies — Equitable relief — Court may order apportioned possession, survey and transfer rather than rescission or absolute specific performance	8 July 2014
Nanjobe v Mugisha & Anor (Misc Application No. 181 of 2009) [2014] UGHCLD 110 (7 July 2014) Temporary injunction refused where application relied on different land, unpleaded serious allegations, and lacked required proof of entitlement. Civil procedure — Interim injunctions — Preservation of status quo and requirement of a serious question to be tried/prima facie case Land law — Title cancellation — Allegations of fraud required for remedies under s.176 Registration of Titles Act Civil procedure — Interlocutory relief — Effect on third parties and necessity to identify and plead material facts in main suit	7 July 2014