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.

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https://judiciary.go.ug/data/smenu/16/Land%20Division.html

11 judgments

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11 judgments

Citation	Judgment date
February 2016
Namiganda & Anor v Nurban & Anor (Civil Suit No. 99 of 2011) [2016] UGHCLD 76 (29 February 2016) A valid repossession certificate under the EPA sustains a lawful lease extension; collateral trespass claims fail absent successful appeal. Land law – Expropriated Properties Act – repossession letter vs repossession certificate; Minister’s decision and finality; Regulation 13 – deemed extension of expired leases; agency and management of repossessed property; remedy by appeal vs collateral challenge in trespass action.	29 February 2016
Bugingo Vs Jagwe & Ors (Civil Suit No. 359 of 2014) [2016] UGHCLD 4 (26 February 2016) Plaintiff’s registered title upheld; defendants failed to prove fraud, held trespassers; injunction and damages awarded. Land law – conversion of customary tenure to freehold and certificate of title – allegation of fraud in acquisition of title – proof and standard for fraud; Land law – competing customary interests and compulsory proof of occupation; Land surveying – alleged overlap of registered parcels – expert survey evidence; Tort – trespass to land and vicarious liability of principal for agents’ acts; Remedies – declaratory relief, permanent injunction, special and general damages, interest and costs.	26 February 2016
Serwadda v Kasozi & Anor (Civil Suit No. 252 of 2009) [2016] UGHCLD 75 (26 February 2016) Defendants declared bona fide occupants; plaintiff’s eviction and injunction claims dismissed. Land Law – trespass – limitation of claim to registered plot; Kibanja (customary tenancy) – burden and nature of proof; Bona fide occupant – security of occupancy where uninterrupted occupation predates 1995 Constitution; Eviction – cannot be ordered under section 31(1) against bona fide occupants, remedy under section 31(7).	26 February 2016
Alex Paul Kafeero V Stanley Jaggwe (Civil Appeal No. 42 of 2012) [2016] UGHCLD 81 (12 February 2016) The appeal was dismissed: the registered proprietor's entry onto the statutory tenant's kibanja amounted to trespass, justifying damages and injunction. Civil procedure – res judicata: earlier suit did not finally decide respondent's claim against the appellant; res judicata not established; Evidence – appellate re-evaluation: trial magistrate entitled to prefer respondent's evidence supported by busuulu receipts and physical indicators; Land law – kibanja and busuulu: payments and possession evidence relevant to extent of tenant's kibanja; Land law – mailo title vs statutory tenant: registered proprietor's unauthorised entry can constitute trespass where tenant has statutory protection of physical possession; Remedies – trespass: award of general damages and permanent injunction appropriate where landlord unlawfully cleared crops and built on tenant's possession.	12 February 2016
MULEWA ISEBAHAS & ORS VS. WESTERN IMPORTERS AND DISTRIBUTORS LTD & ANOR. (HCT-CV-CS-003 of 2003) [2016] UGHCLD 1 (9 February 2016) Plaintiffs failed to prove customary ownership; registered proprietor lawfully entitled to possession and purchaser held bona fide title. Land law – custom and customary tenure – proof of customary rights; Registration of title – allegation of fraud must be pleaded and strictly proved; Bona fide purchaser – purchaser for value without notice obtains indefeasible title; Remedies – dismissal of claim, counterclaim succeeds, eviction, permanent injunction, award of general damages; Burden and standard of proof – civil standard, higher for fraud.	9 February 2016
Western Uganda Importers & Distributors Ltd Vs Muhasa Ivan Mpondi & Ors (Civil Suit No. 0014 of 2014) [2016] UGHCLD 5 (9 February 2016) Civil Procedure\|Actions and applications\|Orders	9 February 2016
Fred Kirenga V Kang Li Manufacturing Ltd (Misc. Application No. 1184 of 2014) [2016] UGHCLD 83 (8 February 2016) A registered company retains locus standi to sue; internal disputes over share transfers must be raised in the main suit. Company law – Separate legal personality of a limited liability company – Capacity and locus standi to sue – Internal disputes over share transfers and administration are to be determined in the substantive action, not by interlocutory dismissal applications.	8 February 2016
Attorney General & Anor v Kamoga & Anor (Miscellaneous Application No. 1018 of 2015) [2016] UGHCLD 2 (5 February 2016) Court permits substantive fraud allegations to be litigated with proper pleadings, not barred by res judicata, and stays execution. Civil procedure – res judicata – where prior decisions addressed procedural points, res judicata inapplicable; Consent judgments – setting aside for fraud requires strict pleading and higher standard of proof; Affidavit and police report attachment insufficient to prove fraud; Proper pleadings and evidence required; Stay of execution of decree pending full hearing on fraud.	5 February 2016
Davis Ndyomugabe V Tile World Limited (Miscellaneous Application No. 650 of 2011) [2016] UGHCLD 82 (5 February 2016) Kibanja can support a caveat, but a caveat covering the whole title when the claim is to part is invalid. Land law – Caveats – Registrable interest – Kibanja as proprietary/customary interest capable of supporting a caveat. Caveat validity – A caveat cannot bar dealings over an entire registered parcel where the caveator’s claim is only to part; such a defect is fundamental and requires striking out. Procedure – Irregular procedural form of interlocutory application not automatically fatal where no prejudice results.	5 February 2016
Kambugu Alozius & Another V Geofrey Rwakazora (Civil Suit No. 101 of 2011) [2016] UGHCLD 84 (4 February 2016) Whether plaintiffs’ un-compensated kibanja was trespassed upon by the defendant, entitling them to compensation and damages. Land law – Mailo title versus kibanja (tenant) interests – proof of occupation and compensation. Evidence – Weight and admissibility of forensic document analysis; preference for oral and corroborative local evidence when forensic findings are inconclusive. Remedies – Monetary compensation for loss of land interest, destruction of crops and trespass; costs and interest.	4 February 2016
Islamic University In Uganda v Efulaim & Anor (HCT-04-CV-CA-0062/2014) [2016] UGHCLD 6 (1 February 2016) Appellant’s registered title was displaced by respondents’ proven customary/adverse possession; appeal dismissed with costs. Land law – customary tenure and adverse possession – evidential proof of non‑titled, customary ownership; Certificate of Title under s.59 RTA – conclusive evidence but defeasible where title relates to different land; bona fide purchaser – duty of due diligence beyond registry search; locus visit – discretionary, not mandatory; appellate re-evaluation of evidence.	1 February 2016