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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
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10 judgments
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Judgment date
May 2019
Kabogoza Vs Senkugu Wasswa (Miscellaneous Cause No. 103 of 2018) [2019] UGHCLD 30 (30 May 2019)
Section 166 cannot vest beneficiaries’ shares where administrators are already registered; succession law remedies apply.
Registration of Titles Act s.166 – vesting orders – scope limited to trustees requiring registration – inapplicable to vesting directly in beneficiaries; Administrators already on title – section 166 inapt; Succession law remedies appropriate for disputes between joint administrators; Clean hands requirement in equity.
 30 May 2019
Buildnet Construction Materials & Hardware Vs Sewandigi Kikomeko Ssemberege & 3 Ors (Misc. Application No. 83 of 2019) [2019] UGHCLD 31 (29 May 2019)
Caveat lodged before injunction issued is not civil contempt; injunction extended and caveat maintained pending main suit.
Civil contempt — requirements: existence of lawful order, contemnor's knowledge, and failure to comply; Land registration — caveat lodgement is a staged process; timing of lodgement vis-à-vis injunction determinative; Interim relief — maintenance/extension of status quo; Remedies — committal, vacatur of caveat and ordering land office to process titles inappropriate where caveat predates order.
 29 May 2019
Sengabi Vs Nakiyingi (Civil Appeal No. 59 of 2018) [2019] UGHCLD 26 (29 May 2019)
Applicant’s construction did not trespass; no access road proved and trial judgment set aside.
Land law – access roads and easements; trespass to land – onus of proof; evidential requirements for proving an access road; locus visit procedure and Practice Direction No.1/2017; invalidity of demolition and damages where access not proved.
 29 May 2019
Mutaawe Vs Luyinda & 2 Ors (Miscellaneous Application No 2026 of 2018) [2019] UGHCLD 25 (17 May 2019)
Refusal to sign transfer forms pursuant to a decree constituted civil contempt; court ordered transfer, fine, and suspended committal.
Contempt of court – civil contempt for refusal to perform affirmative mandatory act – elements: lawful order, knowledge, ability, non‑compliance – remedies: order to perform, fine, suspended committal – damages in contempt proceedings generally not compensatory; exemplary damages exceptional.
 17 May 2019
Good man International Ltd Vs Attorney General & Anor (Civi Suit No. 73 of 2014) [2019] UGHCLD 320 (10 May 2019)
10 May 2019
Nalukwaago Vs The Commissioner Land Registration (Civil Appeal No. 0114 of 2017) [2019] UGHCLD 330 (9 May 2019)
Appellants’ family land rights prevail where sale lacked required consent and contractual consideration was not paid.
Land law – family land and kibanja rights – disposal/surrender of family land – requirement of prior consent of spouse and dependent children (Sections 38A, 39, 40 Land Act) – consideration unpaid renders transfer void ab initio – appellate re-evaluation of evidence.
 9 May 2019
Ssali Vs Katende (Civil Appeal No. 121 of 2017) [2019] UGHCLD 24 (8 May 2019)
Applicant’s review succeeded: new evidence and failure to join the owner warranted setting aside judgment and ordering retrial.
Civil procedure — Review of judgment — Discovery of new and important evidence — O.46 r.1 and r.3(2) Civil Procedure Rules — Strict proof required — Joinder of necessary parties where defendant is caretaker not owner — Section 80 & 82 Civil Procedure Act — Remedies: setting aside judgment and ordering retrial.
 8 May 2019
Lutalo Vs Stanbic Bank (U) Ltd & Anor (Civil Suit No. 186 of 2012) [2019] UGHCLD 19 (7 May 2019)
A certificate of title procured and registered through fraud was cancelled; owner recovered title, injunction and damages awarded.
Land law – Registration of Titles – Indefeasibility of title subject to fraud – Fraudulent acquisition and registration of certificate of title – Cancellation of title under section 177 – Remedies: delivery of title, injunction, costs and damages – Bank due diligence in mortgage transactions.
 7 May 2019
Namaghmba Ofumbi Vs nABIRAH & Anor (Misc. Appl. No. 1109 of 2018) [2019] UGHCLD 23 (3 May 2019)
Court struck out land suit due to suspected forged powers of attorney and referred matter for criminal and disciplinary investigations.
Land law – authority to sue – validity of powers of attorney – alleged forgery and fraud; Civil procedure – competence of suit – abuse of court process and illegality; Evidence – contradictory affidavits and court record; Referral – criminal investigation (CID) and Advocates’ disciplinary inquiry.
 3 May 2019
Sheeeba & Anor Vs Commissioner for Land Registration (Miscellaneous Application No.170 of 2019) [2019] UGHCLD 21 (2 May 2019)
Court ordered removal of caveat and injunction to give effect to a decree despite procedural irregularity.
Land law – consequential orders – removal of caveat and vacating temporary injunction – giving effect to a court decree. Civil procedure – competency – whether consequential reliefs can be ordered against a Registrar/Commissioner who was not party to main suit. Civil procedure – Section 98 Civil Procedure Act and Section 33 Judicature Act – power to grant consequential reliefs in interests of justice. Constitutional duty – Article 128(2)(e) – substantive justice over technicalities. Evidence – unopposed affidavit facts taken as admitted.
 2 May 2019