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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
6 judgments
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6 judgments
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September 2014
Madhivani Group Limited v Simbwa & Ors (Civil Suit No. 615 of 2012) [2014] UGHCLD 32 (30 September 2014)
A registered title is indefeasible absent proven fraud; trespassers evicted and counterclaim dismissed as unproven and time‑barred.
* Land law – Registered title under the Registration of Titles Act – certificate of title conclusive and indefeasible except on proof of fraud. * Fraud – must be specifically pleaded, strictly proved and attributable to the transferee to impeach registration. * Trespass – unauthorized entry, clearing, grading, subdivision and development amount to actionable trespass against a registered proprietor in possession. * Locus standi and limitation – only persons deprived of land by fraud may impeach a registered title; counterclaims attacking long‑standing registrations may be time‑barred. * Remedies – eviction, perpetual injunction, general damages and costs available to successful registered proprietor.
 30 September 2014
Muwanga v Nassanga Ors (Civil Suit No. 499 of 2006) [2014] UGHCLD 33 (30 September 2014)
Plaintiff’s equitable interest upheld; titles obtained and derived through fraud cancelled, bona fide purchaser defence rejected.
Land law – fraud in registration; indefeasibility under Registration of Titles Act – section 176(c); bona fide purchaser for value defence; admissibility/weight of ambiguous gift document; remedies: cancellation of title, injunction, damages, costs.
 30 September 2014
Nabisere v Mutebi & Anor (Civil Suit No. 565 of 2012) [2014] UGHCLD 31 (26 September 2014)
The plaintiff’s land recovery claim was dismissed as time-barred; adverse possession was neither properly pleaded nor established.
Limitation of actions – recovery of land – section 5 Limitation Act; administrators – section 15 Limitation Act; nullity of orders of incompetent tribunal; adverse possession – requirements and necessity to plead exemption from limitation (Order 7 r.6 CPR); effect of statute-barred claims on jurisdiction to grant relief.
 26 September 2014
Kibugumu v Mulungi &Anor (Miscelaneous Application No. 455 of 2014) [2014] UGHCLD 30 (19 September 2014)
Court refused to reinstate a suit dismissed for delay, holding limitation bars revival and dismissal is final.
* Civil procedure – Order 17 r.6 CPR – dismissal for inordinate delay – remedy of fresh suit subject to limitation. * Inherent jurisdiction (s.98 CPA) – limits where specific statutory remedy exists; cannot revive time‑barred actions. * Limitation – once statute‑barred, suit cannot be revived. * Section 17(2) Judicature Act – dismissal for abuse/delay constitutes final decree.
 19 September 2014
Kayizzi v Sewaalinte (Civil Suit No. 438 of 2013) [2014] UGHCLD 122 (15 September 2014)
Cause of action accrued when defendant asserted an adverse claim in 2012; suit filed 2013 held not time‑barred.
Limitation Act s.5 (12 years) – accrual of cause of action – acknowledgement exception s.22 – pleading requirement under Order 7 Rule 6 CPR – specific performance framed as recovery of land – preliminary objection dismissed.
 15 September 2014
Sagula v Walyomboko (HCT-04-CV-CA-0092-2011) [2014] UGHCLD 58 (11 September 2014)
Appeal allowed and retrial ordered after trial court failed to consider succession occupancy and limitation issues.
Land law – ownership disputes; assessment of locus visit evidence; occupation by succession/inheritance; Limitation Act (s.5) – time bar to recovery of land; appellate review – duty to reassess evidence and order retrial where findings are unsafe.
 11 September 2014