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.

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https://judiciary.go.ug/data/smenu/16/Land%20Division.html

13 judgments

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13 judgments

Citation	Judgment date
August 2019
Bagobedde Vs Kabaseka & 2 Ors (Misc. Application No. 0450 of 2019) [2019] UGHCLD 54 (30 August 2019) Insufficient proof of contempt; court ordered police inquiry and directed respondents to cooperate. Civil contempt – interlocutory injunction – elements: lawful order, knowledge, disobedience – standard: balance of probabilities – insufficient proof of breach; court’s power under s.98 Civil Procedure Act to order independent police inquiry and referral for criminal liability; costs to abide main suit.	30 August 2019
Jjumba Vs Javiira Sebiitosi (Misc.Application No. 671 of 2019) [2019] UGHCLD 49 (29 August 2019) Court varied an interlocutory injunction, holding it had wrongly conferred final possession and ordering preservation of the status quo. Civil Procedure Act s.98 (inherent powers); O.41 r.4 CPR – variation of interlocutory injunction; temporary injunction to preserve status quo in disputed possession; prohibition of waste, alienation or disposal pending final determination.	29 August 2019
Walusimbi Vs Nasasira & Anor (Misc. Application No. 22 of 2018) [2019] UGHCLD 46 (29 August 2019) Applicant must first apply to the Registrar under the Registration of Titles Act before seeking a Court vesting order or caveat removal. Registration of Titles Act — Section 167 — Vesting orders require prior application to Registrar/Commissioner; Section 139/145 — Caveat lodgement and removal under Registrar; Section 70 — Special certificate issuance linked to loss/destruction of duplicate; procedural prerequisite and exhaustion of administrative remedy; affidavit must produce proof of Registrar's refusal/failure.	29 August 2019
Nakanwagi & Anor v Lubega (Civil Suit No 95 of 2017) [2019] UGHCLD 60 (27 August 2019) Beneficiaries’ claim to family trust land is governed by section 19(2)’s six-year limitation; time-bar objection dismissed. Limitation of actions — distinguishing claims to land as of right (s5, 12 years) from beneficiaries’ actions to recover trust property (s19(2), 6 years); accrual of cause of action upon administrator’s registration; preliminary objection on time-bar dismissed.	27 August 2019
Musimenta V Commissioner for Land Registration (Misc. Cause No. 062 of 2019) [2019] UGHCLD 40 (26 August 2019) Court granted vesting order under s.167 (Registration of Titles Act) after purchaser proved payment, possession and inability to obtain transfer. Land law – Registration of Titles Act, s.167 – Vesting order where purchaser paid purchase money, entered and possessed land, vendor acquiesced and transfer cannot be obtained (vendor dead or absent). Civil procedure – Inherent jurisdiction, s.98 Civil Procedure Act – High Court may grant vesting after Commissioner declined. Evidence – sale agreements, title documents and affidavits sufficient to establish statutory prerequisites for vesting order.	26 August 2019
Nantume Vs Administrator General & Ors (Misc.Application No.1448 of 2018) [2019] UGHCLD 55 (26 August 2019) The applicant's out-of-time service and res judicata barred adding parties, resulting in dismissal of the application. Civil procedure – service of notice of motion – mandatory 21-day service period; failure to apply for extension renders application incompetent. Civil procedure – res judicata – prior adjudication of substantially similar issues bars re-litigation and addition of parties; counter-claim introducing matters already decided struck off.	26 August 2019
Kitinda & Anor Vs The Commissioner Land Registeration (Misc. Cause No. 41 of 2019) [2019] UGHCLD 47 (23 August 2019) Administrators entitled to vesting order where statutory vesting conditions met; certificate issued upon payment of stamp duty. Registration of Titles Act ss166,167 – vesting orders; Succession Act – administrator as representative; s59 – certificate of title conclusive evidence; conditions for vesting order; requirement to pay stamp duty before issuance of special certificate.	23 August 2019
Genagri Plantations Ltd V Kabugo Yunus & 5 Others (Misc. Application No. 250 of 2019) [2019] UGHCLD 39 (22 August 2019) A land claim is frivolous against a current registered proprietor unless fraud by the company's present directing minds is pleaded. Civil procedure – strike out under O.7 r11(e) – limitation of actions – s.25 Limitation Act (fraud exception) – particulars of fraud required under O.6 r3 – directing mind/alter-ego principle – attribution of historical fraud to current company management.	22 August 2019
Wobweni & Anor Vs Hon.Nandala Mafabi & Anor (Civil Suit No.862 of 2017) [2019] UGHCLD 50 (22 August 2019) Suit concerning land in Mbale transferred from Kampala for lack of territorial jurisdiction; each party to bear own costs. Civil procedure – Territorial jurisdiction – Suits for recovery of immovable property – Section 12(a) Civil Procedure Act – High Court’s subject‑matter jurisdiction limited by geographical competence – Transfer of proceedings to the court within whose local limits the property is situated.	22 August 2019
Kiwanuka & Anor Vs Mayanja (Civil Appeal No 2144 of 2016) [2019] UGHCLD 48 (21 August 2019) Appellants’ failure to participate and defend led to upholding trespass finding and dismissal of the appeal with costs. Land law – trespass to land – proof by uncontroverted oral evidence corroborated by locus in quo; Civil Procedure – Order 9 r.10 and ex parte proceedings; procedural irregularity – entry of judgment without stating legal basis; locus visit – participation by persons without locus; miscarriage of justice – requires unfairness or misdirection affecting outcome.	21 August 2019
Kiwanuka & Anor Vs Mayanja (Civil Appeal No 2144 of 2016) [2019] UGHCLD 53 (21 August 2019) Failure to file defences and uncontradicted locus evidence upheld trespass finding; procedural errors were not fatal. Land law – trespass – proof by evidence and locus visit; Procedural law – failure to enter appearance/defence – parties putting themselves out of court; Kibanja/occupancy claims – burden of proof; Civil Procedure – procedural irregularities (entry of judgment, locus participation) not necessarily fatal absent prejudice; First appeal – scope of re-evaluation of evidence.	21 August 2019
Ssemanda & Anor Vs Nakato & 2 Ors (Miscellaneous Cause No.50 of 2019) [2019] UGHCLD 51 (20 August 2019) A caveat without demonstrable legal/equitable interest must be vacated where the caveator fails to show cause or oppose. Land law – Caveats – Requirement of legal or equitable interest to justify lodging a caveat; Registration of Titles Act s.140(1) – burden on caveator to show cause to resist vacation; Civil procedure – failure to oppose treated as admission; Costs – awarded where caveator fails to show cause or oppose application.	20 August 2019
Ssemwanga & 3 Others v Nsubuga & 4 Others (Civil Suit No. 432 of 2018) [2019] UGHCLD 68 (6 August 2019)	6 August 2019