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
October 2016
Ekwaro v Nyakecho (HCT-04-CV-CA-0180-2014) [2016] UGHCLD 43 (28 October 2016)
Appeal dismissed—appellant lacked legal interest to sustain caveat; widow entitled to letters of administration.
Succession law – grant of letters of administration; Locus in quo – visit unnecessary where in-court evidence suffices; Caveat – must show legal or equitable interest; Appellate duty – re-evaluation of evidence on appeal; Application of Succession Act priority to widow.
 28 October 2016
Temeire v Takoberwa & Anor (HCT-04-CV-CA-0174-2014) [2016] UGHCLD 40 (28 October 2016)
Appellant failed to prove superior title; magistrate correctly preferred respondents’ consistent oral and documentary evidence.
Land law – ownership dispute – burden of proof on claimant – contradictions in claimant's oral testimony – corroborating oral and documentary evidence of clan division and demarcation – appellate re-evaluation of evidence (Pandya principle) – appeal dismissed.
 28 October 2016
Mbumakore v Tinkasimire (Civil Revision No. 0008 0f 2015) [2016] UGHCLD 28 (27 October 2016)
LC1’s execution of a judgment against a non‑party was a material irregularity; the Chief Magistrate’s decree in the applicant’s favour must be executed.
Civil revision — Res judicata where lower court delivered contradictory judgments — LC1 execution against non‑party — Material irregularity/excess of jurisdiction under s.83 Civil Procedure Act — Decree of Chief Magistrate to be executed — Costs follow the event.
 27 October 2016
Kasangaki & Anor v Samaaki & Anor (Civil Appeal No. 08 of 2014) [2016] UGHCLD 16 (18 October 2016)
Whether the respondents established lawful ownership and non-trespass amid disputed boundaries and competing evidence.
Land law – trespass – plaintiff must prove possession or entitlement to possession to sustain trespass claim; Evidence – evaluation of oral and documentary evidence; admissibility of secondary documentary evidence under the Evidence Act when unobjected; Procedure – first appeal as rehearing but appellate court must make allowance for not having seen witnesses; Pleadings – parties cannot raise new grounds or issues not pleaded; Locus in quo and sketch plans as corroborative evidence of boundaries.
 18 October 2016
Kiiza v Katusabe (HCT – 01 – LD – MA – 0057 of 2015) [2016] UGHCLD 18 (18 October 2016)
Court enlarged time to appeal and stayed execution due to counsel’s procedural error and applicant’s medical evidence.
Civil procedure – extension of time to appeal – Section 96 Civil Procedure Act and Order 51 Rule 6 – applicability where time to appeal has expired. Procedural error by counsel – mistake of advocate as sufficient cause for enlargement of time – caution that advocate’s acts normally bind client but must not produce unjust results. Stay of execution pending appeal – prevention of nugatory appeal and protection against substantial non-monetary loss. Medical incapacity and advanced age as factors supporting sufficient cause.
 18 October 2016
Kyamanywa & Ors v Byaruhanga (Civil Appeal No. 0014 of 2015) [2016] UGHCLD 17 (18 October 2016)
Appellants’ appeal allowed: substituted service effective but amendment without leave and ignoring defence caused miscarriage of justice.
Civil procedure – substituted service by publication – effectiveness of publication in local newspaper; Civil procedure – amendment of plaint – requirement of leave under Order 6 Rule 20; Civil procedure – ex parte judgment – setting aside for procedural irregularity and miscarriage of justice; Appeal – appellate court review of trial irregularities and illegality.
 18 October 2016
Kabasomi & Anor v Garupapura (HCT-01-CV-CA-LD-033-2013) [2016] UGHCLD 15 (2 October 2016)
Appellate court upheld defendant’s possession, found no procedural defects, and awarded costs to the successful party.
Land law – boundary disputes; locus in quo procedure and admissibility of evidence; appellate review of trial evaluation of evidence; costs discretion and requirement for reasons; compliance with Order 21 r 4 CPR.
 2 October 2016