Skip to document content Skip to main menu Skip to search

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
Advanced search
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
7 judgments
Citation
Judgment date
July 2014
Mwemeke v Kakonge & Ors (HCT-04-CV-CA-0080-2009)) [2014] UGHCLD 57 (24 July 2014)
Mis-evaluation of documentary and witness evidence and failure to visit locus rendered the trial a miscarriage of justice; sale to the appellant proved.
Land law – proof of sale – documentary evidence and corroborating witnesses; Evidence Act ss. 60, 61, 69, 72(2) – thumbprint and party’s right to be heard; Appellate review – misdirection and failure to evaluate evidence; Civil procedure – failure to visit locus in land disputes can be fatal and occasion a miscarriage of justice.
 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 dismissed where statutory appeal under Land Act s.91 was available and not exhausted.
Land law — Judicial review v. statutory appeal — Registration of Titles Act s.165 procedural only — Land Act s.91(1) and s.91(10) confer remedy by appeal — exhaustion of alternative remedies required before review — inherent jurisdiction discretionary.
 14 July 2014
Lubwama v Swift Links Investments Ltd & 3 Ors (Misc. Application No. 961 of 2013) [2014] UGHCLD 128 (11 July 2014)
A company was held in contempt for dealing with land during an injunction; directors not proven individually liable; fine and costs ordered.
Land law – Interim injunction – Contempt of court – Corporate respondent’s subdivision and transfer during injunction – Liability of company distinct from directors – lifting the corporate veil – civil contempt remedies (committal, sequestration, fine) – procedural irregularities not fatal where no prejudice – inherent/common law powers of the High Court.
 11 July 2014
Fr. Anthony Matovu v Kamya & Ors (Civil Suit No, 825 of 2007) [2014] UGHCLD 111 (9 July 2014)
Claim against sixth defendant dismissed for failure to plead material facts and requisite particulars of alleged fraud.
Succession law – administrator’s rights to estate property; Civil Procedure – plaint must disclose cause of action (Order 7 r11; Auto Garage v Motokov); Pleading – mandatory particulars of fraud (Order 6 r3 CPR); Evidential attachments – necessity of will, death certificate and title copies to establish a prima facie case.
 9 July 2014
Kalamuzi v Sentongo (Civil Suit No. 393 of 2008) [2014] UGHCLD 109 (8 July 2014)
A mutual mistake about acreage did not void the sale; court ordered equitable partition and survey, with title transfer steps.
* Land law – sale of land – validity of written sale agreement – objection under Illiterates Protection Act raised late and rejected as afterthought. * Contract law – common mistake as to acreage – identity of land unaffected; contract not void ab initio. * Equitable remedies – specific performance impractical; court orders equitable division, survey and transfer steps. * Remedies – demarcation by independent surveyor, delivery of title/transfer forms, costs borne by each party.
 8 July 2014
Nanjobe v Mugisha & Anor (Misc Application No. 181 of 2009) [2014] UGHCLD 110 (7 July 2014)
Applicant failed to establish a prima facie case, required pleadings of fraud, or balance of convenience for an interim injunction.
* Civil procedure – interim injunction – preservation of status quo – American Cyanamid principles (prima facie case, irreparable harm, balance of convenience). * Land law – conflicting descriptions of disputed land in plaint and interlocutory application – impact on interlocutory relief. * Relief of cancellation under Section 176 RTA – requirement to plead and prove fraud. * Evidential burden – applicant must prove case on balance of probabilities despite respondent’s silence.
 7 July 2014