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

19 judgments

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19 judgments

Citation	Judgment date
April 2021
Ndawula v Mutabazi (Civil Appeal No. 43 of 2020) [2021] UGHCLD 81 (29 April 2021) Oral condition precedent (pay full price same day) prevented formation of a sale; respondent must refund paid monies. Civil procedure – appeal period – time to appeal runs from receipt of certified record where requested; Evidence – section 92(c) Evidence Act – separate oral agreement constituting a condition precedent admissible to imply into written contract; Contract law – sale of land – deposit and passage of equitable interest versus condition precedent preventing contract formation; Remedies – no specific performance or damages where no contract exists; Miscalculation of payments – appellate correction and refund ordered.	29 April 2021
Nkambwe and Another v Sheeba and Another (Civil Miscellaneous Application No. 1016 of 2020) [2021] UGHCLD 85 (28 April 2021) Actions taken pursuant to dismissal and consequential orders were not contempt; application dismissed and status quo preserved. Contempt of court – Alleged removal of caveats and alteration of injunctions – Whether actions following dismissal and consequential orders constitute contempt. Civil procedure – Effect of dismissal and consequential orders on interim measures and status quo. Reinstatement – Consequences of reinstating a suit after material changes have occurred.	28 April 2021
Muyambi Simon v Attorney General and Anor (Miscellaneous Cause No. 155 of 2020) [2021] UGHCLD 80 (27 April 2021) Motion for vesting order and certificate dismissed for failure to prove purchase price and meet RTA vesting conditions. Land law – vesting order – Section 167 Registration of Titles Act – conditions for vesting (payment of purchase price; possession; vendor acquiescence; vendor unavailable). Procedure – Certificate of Purchase – appropriate remedy is an ordinary plaint with evidence (Custodian Board minutes/assessment), not solely motion supported by affidavit. Civil procedure – service of process – necessity to serve all proper parties (Commissioner of Land Registration).	27 April 2021
Kalangabusa ( Experte) (Miscellaneous Cause No. 8 of 2018) [2021] UGHCLD 469 (23 April 2021)	23 April 2021
Namusisi Nyamurungi v Nakamya and 4 Others (Civil Miscellaneous Application No. 312 of 2021) [2021] UGHCLD 75 (23 April 2021)	23 April 2021
Namusisi v Nakamya and 4 Others (Civil Miscellaneous Application No. 312 of 2018) [2021] UGHCLD 73 (23 April 2021)	23 April 2021
Lenard Price v andrew Muwonge and Anor (Civil Miscellaneous Application No. 51 of 2020) [2021] UGHCLD 77 (22 April 2021)	22 April 2021
Africa One Logistics Limited v Kazi Food Logistics(U) Limited (Civil Miscellaneous Application No. 964 of 2019) [2021] UGHCLD 64 (19 April 2021) Applicant granted leave to defend only the interest claim; summary judgment entered for the liquidated rent. Civil procedure – summary suit under Order 36 – liquidated demand ascertainable from tenancy agreement and invoices; Judgment on admission requires clear, unequivocal admission; Interest claim different from contractual surcharge raises triable issue; Arbitration clause non-mandatory where agreement provides alternative dispute resolution; Counterclaim does not negate liability on accrued liquidated rent.	19 April 2021
Kiyaga v Commissioner Land Registration (Civil Miscellaneous Application No. 651 of 2021) [2021] UGHCLD 71 (15 April 2021)	15 April 2021
Mbogo v Namwandu Nyanzi (Civil Suit No. 390 of 2007) [2021] UGHCLD 172 (15 April 2021) Purchase from kibanja occupants without the registered proprietor’s consent does not vest title; plaintiff’s claim dismissed. Land law – tenancy by occupancy (kibanja) – Section 34 Land Act – consent of registered proprietor mandatory for transactions by tenants by occupancy – transactions without consent void and pass no interest; burden of proof on plaintiff to establish entitlement to registered land; claim for transfer of title against registered proprietor not sustained where only kibanja interest was acquired.	15 April 2021
Dr. Kaggwa v Musiimenta and Another (Civil Miscellaneous Application No. 2041 of 2020) [2021] UGHCLD 74 (13 April 2021)	13 April 2021
Nelson Kawalya v Sebanakitta Hamis (Civil Miscellaneous Application No. 1534 of 2020) [2021] UGHCLD 78 (13 April 2021)	13 April 2021
Iga v Sekagya and Anor (Civil Suit No. 292 of 2014) [2021] UGHCLD 35 (12 April 2021) Court cancels fraudulently procured registrations, declares plaintiff owner, and awards damages and costs. Land law — fraudulent registration and transfer of land; proof of fraud by forensic document examination; reliefs: cancellation of registration, declaration of title, general damages and costs.	12 April 2021
Muhammed Njagala v Mutumba andrew (HC Miscellaneous Application No. 192 of 2019) [2021] UGHCLD 51 (9 April 2021) The six‑month abatement under Order 17(5) runs from the mandatory scheduling conference; absent it, dismissal for want of prosecution is not warranted. Civil procedure – Dismissal for want of prosecution – Order 17 rule 5 (Civil Procedure Amendment Rules 2019) – six‑month abatement period – commences after mandatory scheduling conference. Procedure – Mandatory scheduling conference – prerequisite to operation of automatic abatement for inactivity. Costs – application dismissed with costs in the cause.	9 April 2021
Nakandi v Admnistrator General and 4 Others (Civil Suit No. 433 of 2015) [2021] UGHCLD 79 (9 April 2021) Administrator General’s unlawful re-distribution of land already administered by customary authority was reversed; plaintiff entitled to land, damages, and costs. Land law – succession and distribution – re-opening of estate already administered by customary/royal authority; Administrator General acted ultra vires; succession certificate controls. Fraud/irregularity – redistribution and subsequent dealings held illegal. Bona fide purchaser – purchaser failed to prove lack of notice or provide purchase evidence; protection denied. Remedies – declaration, nominal damages, costs.	9 April 2021
Onesmus Bakanga and Anor v Uganda Electricity Distribution Company Ltd (Civil Miscellaneous Application No. 1495 of 2020) [2021] UGHCLD 52 (9 April 2021) Applicants failed to justify five-year inactivity; court upheld dismissal for want of prosecution and refused reinstatement. Civil procedure – dismissal for want of prosecution – automatic abatement under Order 17 r.5 Civil Procedure (Amendment) Rules 2019; adequacy of explanation for delay; death of advocate does not automatically excuse prolonged inaction; alleged arbitration requires evidence to interrupt prosecution obligations.	9 April 2021
Micro -Power Group Limited v Re -Union Estates Limited (Civil Miscellaneous Application No. 1046 of 2020) [2021] UGHCLD 72 (8 April 2021)	8 April 2021
Omar and 2 Others v Masambu (Civil Suit No. 894 of 2017) [2021] UGHCLD 101 (7 April 2021)	7 April 2021
Teddy Nanziri and 3 Others v Mutebi and 23 Others (Civil Miscellaneous Application No. 1702 of 2019) [2021] UGHCLD 54 (7 April 2021) Application to substitute/add parties and amend plaint in land suit dismissed for lack of locus standi. Civil procedure – substitution and addition of parties under Order 1 r.10; locus standi – administrators and beneficiaries; succession law – requirement to exhibit estate inventory and letters of administration; amendment of plaint – prematurity where administrators not appointed; land law – title disputes and possession evidence.	7 April 2021