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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
Citation
Judgment date
December 2019
Ssentongo v Mpalanyi & Anor (Misc.Application No. 410 of 2018) [2019] UGHCLD 61 (27 December 2019)
A Kibanja (equitable) interest does not suffice to obtain consequential transfer of registered title under section 177.
Registration of Titles Act s.177; consequential orders to cancel or substitute entries in the register; requirement of recovery of land, estate or interest from registered proprietor; Kibanja (equitable) interest v. legal registered (mailo) interest; unsuccessful litigant cannot convert a Kibanja decree into registered title without proving recovery of the registered estate.
 27 December 2019
Bamuleseyo v Ariisa (Civil Appeal No. 071 of 2016) [2019] UGHCLD 65 (18 December 2019)
Appeal dismissed: failure to pursue available remedies and filing parallel suit amounted to abuse of process; execution allowed.
Civil procedure – summary judgment and execution – stay of execution – requirement to pursue leave to appeal or reinstatement of dismissed application – abuse of process by filing parallel proceedings.
 18 December 2019
Kayizzi v Kayondo (Miscillinous Application No. 0387 of 2016) [2019] UGHCLD 64 (18 December 2019)
Application to amend defence and add counterclaim dismissed; late reply struck out and suit to proceed on existing pleadings.
Civil procedure – Amendment of pleadings – Order 6 r.19 CPR – court’s discretion to allow amendments; requirements: no prejudice, not mala fide, not alter cause of action fundamentally. Civil procedure – Pleadings – late affidavit in reply struck out for being filed without leave and out of time. Civil law – Counterclaim – cannot introduce a cause of action aiming to challenge or undo a criminal conviction that has not been set aside on appeal.
 18 December 2019
Namirembe & 2 Ors v Katwalo (Ma No. 581 of 2016) [2019] UGHCLD 63 (18 December 2019)
A prematurely dismissed suit under Order 17 Rule 6(1) CPR may be reinstated by the High Court exercising its inherent jurisdiction.
Civil procedure – Reinstatement of suit dismissed under Order 17 Rule 6(1) CPR – Premature dismissal where last action < two years – Inherent jurisdiction and Section 98 CPA to reinstate – Order 17 Rule 6(2) (fresh suit) not absolute – Costs against respondent who occasioned dismissal
 18 December 2019
Kasule & Anor v Commissioner Land Registry (Misc.Application No.883 of 2018) [2019] UGHCLD 58 (15 December 2019)
Court allowed amendment to plaint to clarify conversion claim; ownership dispute to be proved in the main suit.
Civil procedure – Amendment of pleadings under Order 6 r.19 – adequacy of affidavit support; amendment to correct nature of cause of action (lease extension vs conversion to freehold) – prejudice to respondent; amendments to determine real questions in controversy and avoid multiplicity of proceedings.
 15 December 2019
Twesigye v Mbabazi (Revision Cause No. 7 of 2019) [2019] UGHCLD 69 (5 December 2019)
Grade One Magistrates may hear land recovery claims but cannot cancel title; case transferred due to pecuniary jurisdiction limits.
Civil procedure – jurisdiction – Magistrates’ Courts’ power to hear land recovery claims despite inability to order cancellation of title; cancellation of certificate of title is exclusive to the High Court (Registration of Titles Act s.177). Civil procedure – pecuniary limits – Grade One Magistrate lacks jurisdiction where plaint values subject matter above Ugx.20,000,000. Civil procedure – transfer of proceedings – transfer to competent Magistrate Court where original filing court or presiding officer lacks jurisdiction. Evidence – procedural compliance – out-of-time affidavit struck off; inadequate excuse of deponent being abroad.
 5 December 2019
Kaahwa David v Guaranty Trust Bank (Civil Suit No. 765 of 2015) [2019] UGHCLD 66 (3 December 2019)
Buyer’s claim failed: no proven oral term, delivery delayed by interlocutory injunction, contract not frustrated; suit dismissed with costs.
Land law – sale by foreclosure; delivery of vacant possession – timing of performance where contract silent; Evidence Act s.92 and four-corners rule; reasonable time under Contracts Act; frustration of contract; purchaser’s due diligence; interim injunction as cause for non-delivery.
 3 December 2019