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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
11 judgments
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11 judgments
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Judgment date
March 2019
Katende v Uganda Land Commission (Civil Suit No.573 of 2015) [2019] UGHCLD 9 (20 March 2019)
A government land agency fraudulently registered and occupied private land; plaintiff awarded damages and valuation‑ordered compensation.
Land law – fraudulent acquisition of title under statutory instrument SI 79/1987 – applicability to diplomatic property; trespass – entry and occupation without consent; statutory and constitutional duty – Land Act ss.72–73 and Constitution Article 26(2) – prior, prompt and adequate compensation; remedies – declaratory reliefs, independent valuation for compensation, exemplary and general damages, costs.
 20 March 2019
Patel v Commissioner for Land Registration & 4 Ors (Miscellaneous Cause No 008 of 2018) [2019] UGHCLD 15 (15 March 2019)
Assignee of purchaser satisfied s.167 requirements; court granted vesting order though applicant had not first applied to the Commissioner, without costs.
Registration of Titles Act s.167 – Vesting orders; requirements: payment of purchase price, entry and possession, vendor’s acquiescence, inability to obtain transfer; assignee of purchaser may claim; procedural requirement to apply first to Commissioner; High Court’s inherent jurisdiction where Commissioner does not oppose.
 15 March 2019
Kizito v Kampala Financial Services Ltd & 3 Ors (Civil Suit No. 30 of 2016) [2019] UGHCLD 7 (14 March 2019)
An advocate who merely witnessed a document and is not listed as a witness need not be disqualified under Regulation 9.
Advocates’ professional conduct – Regulation 9 disqualification for being a witness – witness listing under Order 6 r 2 – witnessing documents versus prior representation/confidential information – scheduling memorandum not a substitute for pleadings’ witness list.
 14 March 2019
Mbabazi v Kampala Financial Services Ltd & 3 Ors (Miscelleneous Application No.1656 of 2017) [2019] UGHCLD 13 (14 March 2019)
Non-service of an amendment application and appearance under protest deprived the court of jurisdiction to hear it.
Civil procedure – Service of process – Service essential to confer court’s jurisdiction – Appearance under protest (O.9 r.2 CPR) does not waive right to service – Application to amend plaint dismissed where respondents not served – Leave to amend (s.98 CPA/O.6 CPR) cannot be considered absent jurisdiction.
 14 March 2019
Transroad Uganda Limited v Commissioner Land Registration (Civil Suit No.621 of 2017) [2019] UGHCLD 6 (14 March 2019)
Land
 14 March 2019
TSMP (U) Ltd v Registrar of Titles & Anor (Miscellenous Application No. 184 of 2017) [2019] UGHCLD 4 (14 March 2019)
Civil Procedure|Parties|Joinder
 14 March 2019
Kalema v Ssekibinge [2019] UGHCLD 10 (13 March 2019)
An out-of-time amended plaint filed without leave is void and may be struck out; costs awarded to the defendant.
Civil procedure – Amendment of plaint – Order 6 r.20 – amendment filed after prescribed time without leave is improper and void ab initio; withdrawal under Order 25 r.1 – registrar’s acceptance of withdrawal does not vitiate original plaint where amendment was invalid; application to strike out irregular pleadings – costs awarded to successful applicant.
 13 March 2019
Senyondwa & Anor v Nakitto (Miscellaneous Application No. 1103 of 2018) [2019] UGHCLD 11 (13 March 2019)
Stay of execution application dismissed for wrong forum; respondent’s late affidavit struck out.
Civil procedure – stay of execution – forum and jurisdiction – Execution Division – affidavit in reply filed out of time – striking out for non-compliance with filing rules.
 13 March 2019
Kiggundu v Iga (Misc. Application No. 1345 of 2018) [2019] UGHCLD 12 (6 March 2019)
Application to amend counterclaim struck out as abuse of process for attempting to introduce omitted survey evidence.
Civil Procedure — Amendment of pleadings — Whether proposed document constitutes a genuine amendment or merely introduction of omitted evidence — Requirement that pleadings be accompanied by list of documents — Abuse of court process where applicant attempts to bypass procedural requirements.
 6 March 2019
Mutyaba v Kayimbye & Anor (Miscellaneous Cause No 40 of 2018) [2019] UGHCLD 14 (5 March 2019)
Applicant must first apply to the Registrar under section 167 before seeking a vesting order from the High Court.
Registration of Titles Act s167 — vesting orders — procedural prerequisite to apply to Commissioner/Registrar before Court — High Court jurisdiction — dismissal for failure to comply — direction to apply to Registrar within 60 days; conditional Court relief if Registrar declines/fails.
 5 March 2019
Namusisi v Kikaawa (Misc. Application No 1595 of 2018) [2019] UGHCLD 16 (4 March 2019)
Late amendment to harmonise pleadings was allowed despite inferred delay, with costs awarded to the respondent.
Civil procedure – amendment of pleadings – leave to amend to harmonise counterclaim with defence – prejudice compensable by costs; delay and prior withdrawn application give rise to inference of bad faith but do not bar amendment; amendment must not introduce new cause of action.
 4 March 2019