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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
7 judgments
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7 judgments
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Judgment date
January 2018
Atino v Akright Projects Limited (Civil Suit No. 0062 of 2010) [2018] UGHCLD 10 (30 January 2018)
Plaintiff acquired an equitable interest after paying the deposit; defendant's fundamental breach led to damages, deposit refund, interest and costs.
* Contract law – sale agreement – payment of deposit creates equitable interest; failure to deliver is fundamental breach. * Remedies – specific performance vs damages – specific performance refused where it injures an innocent third party; damages awarded as alternative relief. * Damages – general damages awarded for pain, inconvenience/unlawful eviction and psychological injury; refund of deposit and interest awarded. * Interest – commercial rate awarded from date of judgment until payment.
 30 January 2018
Sserufusa v Bamwite Edward (Advocates) & 9 Ors (Misc. Application No. 0236 of 2014) [2018] UGHCLD 13 (30 January 2018)
Application to amend plaint and add parties dismissed for materially altering the cause of action and lacking stated grounds.
Civil Procedure — Amendment of pleadings — Leave to amend — Requirements: state grounds, no injustice, good faith, avoid multiplicity, not alter cause of action — Proposed omnibus amendments introducing new causes of action and materially changing subject matter are incompetent.
 30 January 2018
Byamukama & Anor v Akoth Ors (Misc. Application No. 0017 of 2016) [2018] UGHCLD 12 (17 January 2018)
Applicant failed to satisfy injunction tests; damages adequate and balance of convenience favoured respondents, application dismissed with costs.
Interim injunctions – requirement of prima facie case; irreparable injury and adequacy of damages; balance of convenience – effect of advanced-stage construction; evidential burden on applicant to prove trespass.
 17 January 2018
Ibaga v Tarakpe (Civil Appeal No. 0004 of 2017) [2018] UGHCLD 1 (11 January 2018)
Respondent’s long possession and proprietary estoppel defeat appellant’s subsequent purchase claim; appeal dismissed.
Land law – ownership dispute: gift versus sale; long adverse possession and extinctive prescription; proprietary estoppel (representation, reliance, detriment); purchaser of unregistered land – duty of inquiry and constructive notice; locus in quo procedure – sketch map not essential.
 11 January 2018
Isadru v Aroma & Ors (Civil Appeal No. 0033 of 2014) [2018] UGHCLD 3 (11 January 2018)
Whether dismissal for want of prosecution and a bar to reinstatement was justified where court-fixed hearing lacked proof of service.
Civil procedure – dismissal for want of prosecution – Order 9 rule 17 & 22 CPR – ex parte dismissals – necessity of proof of service – reinstatement of suit – abuse of process – right to speedy hearing (Art. 28(1)).
 11 January 2018
Kaiga v Amba (Civil Appeal No. 0029 of 2016) [2018] UGHCLD 2 (11 January 2018)
Appellate court upheld trial finding that the respondent is the customary owner of the disputed land, dismissing the appeal.
* Land law – Customary tenure – Determination of ownership by inheritance and customary evidence. * Evidence – Assessment of credibility – weight of elders’ determinations and locus in quo visit. * Civil procedure – First appeal – appellate re-hearing standard and deference to trial court’s advantage in assessing demeanour.
 11 January 2018
Ndyabahika v Agaba & Anor (Civil Suit No. 49 of 2017) [2018] UGHCLD 5 (8 January 2018)
Registered proprietor confirmed; Registrar lawfully cancelled erroneous title; defendant’s estate granted 50-acre bona fide occupancy.
Land law — indefeasibility and fraud — cancellation/rectification of register under Land Act s.91 — bona fide purchaser for value — long occupation and declaration of bona fide occupants under Land Act s.29(2)(a).
 8 January 2018