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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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5 judgments
Citation
Judgment date
January 2016
Alew v Commissioner Land Registration (Misc. Cause No.026 of 2015) [2016] UGHCLD 74 (27 January 2016)
Applicant failed to obtain registration because she did not first procure written grounds for refusal or necessary documentary proof under the RTA.
Land registration – Section 182(1) RTA – requirement to request written grounds from Commissioner before summons; Section 165 RTA – summons/production of documents; Registrar’s discretion to require sale advertisement proof; protection of the land register and strict compliance with procedural prerequisites.
 27 January 2016
Byaruhanga Vs Wandera (Land Miscellaneous Application No. 0019 of 2015) [2016] UGHCLD 3 (27 January 2016)
Respondent’s fencing and taking possession without court execution was unlawful; damages require a separate contested claim.
Land law – execution of decree – decree-holder must apply to court for execution (Order 22 r7 CPR); self-help fencing/possession without execution is unlawful; damages for alleged destruction of crops/trees cannot be awarded on contested affidavit evidence; relief to restore status quo pending appeal.
 27 January 2016
Lwanyaga v Lubega (Misc. Cause No. 048 of 2016) [2016] UGHCLD 73 (27 January 2016)
Prima facie proof of a purchaser’s unregistered interest justifies extending a caveat pending the outcome of a related suit.
Land law – Caveats under S.139(1) RTA – Requirement to disclose nature of interest – Prima facie proof of purchaser’s agreement and payments sufficient for temporary protection – Registrar restrained from giving effect to removal application pending substantive suit.
 27 January 2016
Otubeny v Housing Finance Bank & Anor (Misc. Application No.462 of 2015) [2016] UGHCLD 70 (27 January 2016)
A mortgagor must pay the Mortgage Regulations' 30% security deposit before a court will adjourn or stop a foreclosure sale.
Civil procedure – interlocutory injunctions – application of American Cyanamid principles; Mortgage law – Mortgage Regulations 2012 Reg.13 – requirement of 30% security deposit to adjourn or stop sale of mortgaged property; Conflict/interaction between general CPR injunction rules and mortgage-specific statutory regime; Requirement to show prima facie case, irreparable harm and compliance with statutory deposit before court will stay a foreclosure sale.
 27 January 2016
Tushabe v Housing Finance Bank Ltd & Anor (Misc. Application No.134 of 2015) [2016] UGHCLD 72 (27 January 2016)
A spouse seeking to stop sale of a mortgaged family home must meet the Mortgage Regulations' 30% deposit or justify exemption.
Civil procedure – temporary injunctions – interplay between equitable injunctions (Order 41 CPR) and statutory regime under the Mortgage Act and Mortgage Regulations 2012 (Regulation 13). Mortgage law – adjournment/stoppage of sale – spouse of mortgagor – 30% security deposit and court’s discretion under Regulation 13(6). Proof required from spouse seeking exemption – evidence of inability to pay or compelling reasons to justify exemption.
 27 January 2016