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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 2019
Nanteza Asiya Vs Kalemera & 2 Ors (Miscellaneous Application No. 500 of 2019) [2019] UGHCLD 29 (14 June 2019)
Court upheld a Deputy Registrar’s interlocutory injunction preserving status quo and dismissed review seeking permission to construct or restore access road.
Civil procedure – Review of interlocutory orders – Order 46 CPR – requirement of illegality, mistake or error apparent on face of record or other sufficient cause. Temporary injunctions – purpose to preserve status quo – injunction may prohibit acts (including construction) not expressly prayed for if necessary to maintain status quo. Locus visit – judicial fact-finding on site given deference unless manifestly erroneous. Access to road – restoration may amount to altering status quo and cannot be granted in interlocutory review when injunction seeks preservation.
 14 June 2019
Owor Kamu &26 Ors Vs Hajati Namulondo & Anor (Miscellaneous Application No. 0194 of 2019) [2019] UGHCLD 328 (14 June 2019)
Application to amend defence and add counterclaim dismissed for wrong procedure, delay, lack of draft pleadings and prejudice to respondents.
Civil Procedure – Amendment of pleadings – Leave to amend under Order 6 r19 – Procedure requires summons in chambers (rules 18,19,22) and not notice of motion; procedural non-compliance is fatal. Pleadings – Proposed amendments that change the cause of action or introduce new suits (counterclaims) will be refused where they prejudice the other party or are raised mala fide or belatedly. Civil Procedure – Requirement to attach proposed amended pleadings and particulars to motion for amendment; omission is fatal to application. Delay and laches – Undue delay and allowing suit to proceed ex parte weigh against granting leave to amend.
 14 June 2019
Nambi Kasozi & Anor Vs Nakandi & 2 Ors (Miscellaneous Application No. 490 of 2019) [2019] UGHCLD 27 (13 June 2019)
Application to remove injunction encumbrance dismissed as incompetent; applicants were not parties and registered title after injunction.
Civil procedure – Competence and locus to apply – Non-parties cannot challenge or seek discharge of injunctions granted in proceedings to which they were not parties; Land law – registration of encumbrance – registry may record orders but an encumbrance recorded after an order was set aside attracts administrative removal procedures; Contempt – transfers registered after an injunction may give rise to inference of contempt.
 13 June 2019
Linda Lucia Vs Nakandi & Anor (Miscellaneous Application No.464 of 2019) [2019] UGHCLD 28 (11 June 2019)
A consent judgment adjudicating title affecting the applicant can be set aside if it binds the applicant without affording a fair hearing.
Civil procedure – review of consent judgment – O.46 r1 CPR and Section 82 CPA – review permissible for fraud, collusion, misapprehension, lack of material facts or analogous sufficient reason. Consent judgments – judgment in rem – binding effect on non‑parties; risk of depriving non‑parties of right to be heard. Right to fair hearing – setting aside consent judgment that short‑circuited inter partes proceedings and discovery. Relief – consent judgment set aside; parties restored to pre‑judgment position; costs in the cause.
 11 June 2019
Jubilee Estates Ltd Vs Zion Construction Ltd & 4 Ors (Miscellaneous Cause No. 38 of 2018) [2019] UGHCLD 331 (5 June 2019)
Consent judgment set aside for collusion excluding a necessary co‑defendant; review, not appeal, is appropriate remedy.
Land law; consent judgment – review under S.82 Civil Procedure Act and O.46 r.1 CPR – necessary parties under O.1 r.10(2) – collusion or compromise excluding a necessary co‑defendant is sufficient reason to set aside consent judgment – review (not appeal) appropriate remedy – avoid multiplicity of suits.
 5 June 2019