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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
Citation
Judgment date
July 2016
Dudu v Mwalimu Juma (Civil Revision No. 0003 of 2015) [2016] UGHCLD 7 (14 July 2016)
Chief Magistrate failed to scrutinise LC records; LCIII judgment quashed and retrial ordered before a competent magistrate.
Local Council Courts – jurisdictional limits of L.C.I, L.C.II and L.C.III – L.C.II as appellate forum only; jurisdictional nullity – judgments without statutory jurisdiction are void ab initio; Chief Magistrate’s supervisory duty under s.40 of the Local Council Courts Act – duty to scrutinise entire record on appeal; remedy – quash defective local council proceedings and order retrial before a competent magistrate’s court.
 14 July 2016
Lubega & 2 Ors v Walonze (Civil Application No. 036 of 2016) [2016] UGHCLD 66 (14 July 2016)
The applicant’s application to dismiss the appeal succeeded because the memorandum of appeal was served late without any timely extension.
Appeal procedure – Service of memorandum of appeal – Applicability of Order 5 CPR service rules to appeals and hearing notices; Time limits for service and extension – Order 5(2) & (3) CPR; Dismissal for non‑service or late service without extension; Procedural irregularity – joint affidavit not fatal where grounds are legal and motion clear.
 14 July 2016
Mukanza v Commissioner Land Registration (Miscellaneous Cause No. 75 of 2015) [2016] UGHCLD 67 (14 July 2016)
Court granted vesting order under s.167 RTA where purchaser paid, took possession and the vendor could not be traced.
Registration of Titles Act s.167 – vesting order – requirements: sale of registered land; full payment; purchaser’s entry and possession; vendor’s acquiescence; transfer not obtainable because vendor dead/out of jurisdiction/untraceable. Civil Procedure Act s.98 – High Court jurisdiction to grant vesting orders where Registrar/Commissioner declines. Evidence of possession and duplicate title sufficient to demonstrate entitlement. Administrators may obtain transfer subject to reflecting estate interests.
 14 July 2016
Mutegeki v Mutabazi & 2 Ors (Misc. Application No.109 of 2016) [2016] UGHCLD 68 (14 July 2016)
A person alleging fraudulent transfer of title may obtain an injunction halting sale of mortgaged property without paying the 30% security deposit.
Mortgage law – Mortgage Act 2009 and Mortgage Regulations 2012 – Regulation 13(1) security deposit to adjourn/stop sale – scope of "any other interested party" – interplay with equitable principles for temporary injunctions – fraud in procurement of title and mortgage – preservation of status quo pending trial.
 14 July 2016
Sempebwa v Kampala Capital City Authority (Miscellaneous Application No.1512 of 2014) [2016] UGHCLD 69 (14 July 2016)
Court granted a conditional temporary injunction preserving status quo pending trial, requiring production of approved building plans within 21 days.
Civil procedure – interlocutory injunctions – Order 41 CPR; prima facie case; irreparable injury; balance of convenience; status quo. Physical planning and public health law – requirement for approved building plans; statutory powers to remove/raze unapproved developments. Conditional injunction – applicant required to produce approved plans within 21 days or injunction lapses.
 14 July 2016
Opolot v Aura (Misc. Aplic. No. 81 of 2014) [2016] UGHCLD 8 (8 July 2016)
Court reduced the respondent’s taxed costs as excessive, re-fixing instruction and attendance and disallowing certain items.
Costs—Taxation—Whether taxation can be set aside where the taxing officer’s ruling and proceedings are absent from the record – court may still assess excessiveness of amounts awarded. Costs—Instruction fees—Appropriate assessment where subject-matter value is indeterminate; need to balance adequate remuneration and access to courts. Costs—Disallowance or reduction of specific items—court attendances, transport and copying expenses.
 8 July 2016