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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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May 2021
Kaaya and Another v Matovu and 4 Others (Civil Suit No. 143 of 2011) [2021] UGHCLD 218 (24 May 2021)
Fraudulent subdivision and forged documents vitiated defendants’ titles; plaintiffs awarded cancellation, ownership, eviction, damages and costs.
• Land law – fraud in land transactions – forgery and false identities vitiating proprietary interests • Registration of Titles – effect of fraud on registered or subsequent titles; bona fide purchaser protection requires good faith • Remedies – cancellation of fraudulent subdivisions and titles, declaration of ownership, eviction, injunctions, damages and costs • Procedure – proof of fraud on balance of probabilities; specific pleading and strict proof required
 24 May 2021
Nkinzehiki v Nandawula (Civil Suit No. 204 of 2014) [2021] UGHCLD 104 (20 May 2021)
A judicial sale confers conclusive title on a bona fide purchaser; unlawful re-entry is trespass, warranting eviction and damages.
Land law – Judicial sale and registration; bona fide purchaser for value; Certificate of Title conclusive (Registration of Titles Act s.59); trespass for unlawful re-entry after execution; eviction and damages.
 20 May 2021
Lwanga and Another v Balikuddeme (Civil Suit No. 143 of 2016) [2021] UGHCLD 401 (11 May 2021)
11 May 2021
Mpanga Mukasa and Another ( Administrators of the estate of the late Kisitu) v Kizza Barya (Civil Miscellaneous Application No. 479 of 2021) [2021] UGHCLD 93 (10 May 2021)
10 May 2021
Kiwanuka v Semakadde and 3 Others (Civil Miscellaneous Application No. 179 of 2020) [2021] UGHCLD 92 (6 May 2021)
6 May 2021
Nakasi v Sembatya and 2 Others (Civil Miscellaneous Application No. 38 of 2021) [2021] UGHCLD 94 (6 May 2021)
6 May 2021
Nalumu v M/s Stanbic Bank and Another (Civil Miscellaneous Application No. 1914 of 2020) [2021] UGHCLD 119 (6 May 2021)
Application to set aside a consent dismissed for want of prosecution under Order 17 r.6 CPR as an abuse of process.
Civil procedure – non-prosecution – Order 17 r.6 CPR – dismissal for want of prosecution and abuse of process – illegality raised in court – costs awarded to respondent.
 6 May 2021
Natalo ( suing as Administrix and beneficiary of the estate of late Drucillar Namaganda ) v Nsubuga and 2 Others (Civil Suit No. 412 of 2018) [2021] UGHCLD 105 (5 May 2021)
A deceased administratrix’s children cannot substitute for her in pending estate proceedings without proper administration or Letters.
Civil procedure – Substitution of parties – Death of a plaintiff – Order 24 r.3(1) CPR – legal representative to be made party. Succession – Representation in pending suit – Section 222 Succession Act Cap 162 – Letters of Administration to nominee limited to suit. Locus standi – Beneficiaries’ right to protect estate interests (Israel Kabwa v Banoba) vs. substitution where deceased sued as representative of a different estate. Abatement – Suit abates if no proper administrator or legal representative of the estate is substituted.
 5 May 2021
Kaggwa Nkambwa v Wamala (Civil Suit No. 361 of 2017) [2021] UGHCLD 95 (4 May 2021)
4 May 2021
Ddumba and Another ( as administrators of the estate of late benjamine kityo) v Kezimbira and 4 Others (Miscellaneous Cause No. 159 of 2019) [2021] UGHCLD 107 (3 May 2021)
Court refused to grant civil consequential orders based solely on findings in a criminal trial without proper civil proceedings.
Civil remedies – enforcement of civil rights based on criminal judgment; inadmissibility of granting civil consequential orders without full record; forum conveniens – civil disputes of ownership must be litigated in civil courts; risk of appellate reversal negates summary enforcement from criminal findings.
 3 May 2021