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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
4 judgments
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4 judgments
Citation
Judgment date
June 2016
matovu v Babirye (Misc. Appeal No. 13 of 2014) [2016] UGHCLD 1 (26 June 2016)
Court confirmed Registrar’s discretionary award of Shs.50,000,000 instruction fee as not manifestly excessive or unlawful.
* Taxation of costs – instruction fees – discretion of taxing officer – appellate interference only where award is manifestly excessive or manifestly low, or wrong principles applied. * Factors for assessing instruction fees – importance, nature and conduct of the case, time taken, impact on parties, and value/location of subject property.
 26 June 2016
Kasese District Local Government v Baluko & Ors (Miscellaneous Application No. 14 of 2016) [2016] UGHCLD 30 (24 June 2016)
A local government can obtain a stay of execution pending appeal without security where eviction would cause substantial public loss.
Civil procedure – Stay of execution – Order 43 Rule 4(3): substantial loss, delay, security; Order 43 Rule 6 – exemption for government (including local government); public interest in preventing eviction of government facilities; costs to abide appeal.
 24 June 2016
Kasoro & Anor v Bonabana (Miscellaneous Application No. 002 of 2016) [2016] UGHCLD 12 (22 June 2016)
A complaint that an appellate court failed to re-evaluate evidence is an appeal issue, not a ground for review; review dismissed with costs.
* Civil procedure – Review vs appeal – whether alleged failure of appellate court to re-evaluate evidence is reviewable; * Civil procedure – Review grounds under s.82 CPA and Order 46 CPR (error apparent, new evidence); * Civil procedure – Enlargement of time under s.96 CPA as alternative to late review; * Land law – procedural challenge to appellate disposal of property dispute.
 22 June 2016
Mugisha v Karugaba (HCT – 01 – CV – CS – LD – 0050 of 2013) [2016] UGHCLD 13 (22 June 2016)
Appeal finds trial court mis-evaluated evidence in a disputed right-of-way; orders compensation and valuer assessment.
Land law – easement/right of way – Access to Roads Act – locus in quo visit – evaluation and re-appraisal of evidence – validity of sale agreement – assessment of compensation by certified valuer.
 22 June 2016