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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
5 judgments
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5 judgments
Citation
Judgment date
June 2018
Magumba v Iganga Municipal Council & Anor (Hccs No. 24 of 2009) [2018] UGHCLD 77 (22 June 2018)
Land
 22 June 2018
Nakiryowa & Anor v Sserugo & Anor (Civil Suit No. 587 of 2015) [2018] UGHCLD 50 (14 June 2018)
Amended plaint filed outside permitted period and without leave was struck off; original plaint failed to disclose a cause of action and suit dismissed.
Civil procedure – amendment of pleadings – O.6 r.20, r.31 and O.8 r.19 CPR – filing date vs service; Land law – registered title protected against ejectment except in cases of fraud – necessity to plead particulars of fraud (Registration of Titles Act s.176(3)); Bonafide occupation – definition and evidentiary requirements (Land Act s.29(2)); Cause of action – plaint must show plaintiff’s right, violation and defendant’s role.
 14 June 2018
GAB Holdings Ltd v Nyakana & Anor (Civil Suit No.593 of 2013) [2018] UGHCLD 51 (7 June 2018)
A registered proprietor with an indefeasible title is entitled to eject trespassers absent proved fraud or a valid lease.
* Land law – registered title – indefeasibility of title under the Registration of Titles Act – certificate of title conclusive absent proved fraud. * Trespass to land – unauthorized occupation constitutes trespass against the person in possession. * Burden of proof – defendant must prove existence of lease and payment of premium; fraud must be specially pleaded and proved. * Remedies – eviction, permanent injunction, damages and costs.
 7 June 2018
Nalwanga & Anor v Senkubuge [2018] UGHCLD 49 (7 June 2018)
An administrator who forges co-administrators’ signatures to transfer estate land commits fraud; transfers and titles cancelled.
* Land law – Administrator of estate – Unauthorized transfer, forgery and mutation by an administrator – fraud attributable to transferee. * Reliefs – cancellation of fraudulent subdivisions/transfers, recall of titles, reinstatement of administrators, damages, costs and interest. * Civil procedure – ex parte hearing where defendant duly served.
 7 June 2018
Bazira v Kagimu (Misc. Application No. 1138 of 2016) [2018] UGHCLD 52 (1 June 2018)
Stay of execution granted pending appeal, conditional on provision of security equal to half the taxed costs.
Civil procedure – Stay of execution pending appeal – Order 43 r.4(3): substantial loss, promptness, security – Supplementary affidavit filed without leave struck off – Procedural defects curable under Article 126 – Notice of appeal as expression of intent to appeal.
 1 June 2018