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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
21 judgments
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21 judgments
Citation
Judgment date
August 2021
Ssalongo Muwanga v Ssebagala (Civil Miscellaneous Application No. 578 of 2021) [2021] UGHCLD 116 (30 August 2021)
30 August 2021
Kabyanga v Sanyu and 4 Others (Civil Suit No. 304 of 2002) [2021] UGHCLD 112 (27 August 2021)
Plaintiff held an equitable interest and bonafide occupancy; defendants’ registrations were tainted by fraud or negligent purchase, remedies granted.
Land law – equitable interest arising from a valid sale agreement – purchaser entitled to equitable interest and specific performance. Land law – bonafide occupant – occupation and use for 12 years before 1995 Constitution confers protection. Registration of Titles – fraud in procurement of registration vitiates title and defeats protection under RTA. Purchaser for value without notice – duty of due diligence; negligence/ignorance may amount to notice or fraud. Remedies – cancellation of certificate, re-registration, eviction, mesne profits, general damages, injunctions and costs.
 27 August 2021
Gibwa Sebowa and Anor v Dr. Ebyarimpa and Another (Civil Miscellaneous Application No. 583 of 2021) [2021] UGHCLD 114 (26 August 2021)
26 August 2021
Namutete Mugwanya v Kizito Ssewava (Civil Suit No. 514 of 2018) [2021] UGHCLD 109 (24 August 2021)
24 August 2021
Zinunula Coffee Company Limited v International Projects Limited and 2 Others (Civil Suit No. 1053 of 2001) [2021] UGHCLD 110 (24 August 2021)
24 August 2021
Makmot v National Water and Sewarage Corporation and Another (Civil Suit No. 243 of 2011) [2021] UGHCLD 111 (23 August 2021)
23 August 2021
Balaba and 6 Others v Mawejje ( as administrator of the late Sulaiman mawejje) and Another (H.C.Miscellaneous Application No. 7 of 2021) [2021] UGHCLD 113 (19 August 2021)
19 August 2021
Katamba v Magambi and 13 Others (Civil Miscellaneous Application No. 1377 of 2020) [2021] UGHCLD 115 (17 August 2021)
17 August 2021
Nankabirwa v Namugenyi Sozi (Civil Suit No. 130 of 2016) [2021] UGHCLD 102 (17 August 2021)
17 August 2021
Nanteza v Commissioner Land Registration (Miscellaneous Cause No. 79 of 2020) [2021] UGHCLD 100 (16 August 2021)
16 August 2021
Natenda v Sitenda and 4 Others (Civil Appeal No. 121 of 2018) [2021] UGHCLD 135 (12 August 2021)
Dismissal for counsel’s absence set aside because the diligent appellant should not suffer for her lawyer’s mistakes.
Civil procedure – dismissal for non-appearance – where counsel’s absence led to dismissal – doctrine that counsel’s mistakes should not deprive a diligent litigant of a hearing – reinstatement and costs awarded.
 12 August 2021
Nyarinkindi and 2 Others v New Forst Company Limited and 2 Others (Civil Suit No. 409 of 2008) [2021] UGHCLD 131 (12 August 2021)
The plaintiff's registered lease over land inside an unde-gazetted central forest reserve was held null and void.
Land law — Registered title and indefeasibility — Illegality of transfer/lease over land within an unde-gazetted central forest reserve — Uganda Land Commission's authority to lease reserved land — Nullity ab initio; Forestry licensing and indemnity claims.
 12 August 2021
Farazia Nambi Nalongo and 2 Others (beneficiary of the estate of late Yowana Ssengendo) v Tayembwa and 2 Others (Civil Suit No. 35 of 2020) [2021] UGHCLD 97 (10 August 2021)
Plaintiffs' challenge dismissed; defendants lawfully acquired land; fraud not established.
Land law – transfer and title indefeasibility under Registration of Titles Act – fraud exception; Proof of fraud must be strict and attributable to transferee. Contract law – parol evidence rule and binding written agreements. Illiterate Persons Protection Act – challenges to agreements executed in a language not understood by the signatory; requirement to prove coercion or inducement. Succession law – certificate of succession/letters of administration and capacity to deal with estate land.
 10 August 2021
Feed the Children LimitedUganda Limited v Olukutukei and 2 Others (HC Miscellaneous Application No. 943 of 2019) [2021] UGHCLD 106 (10 August 2021)
A consent judgment procured while a respondent lacked legal existence may be reviewed and set aside for illegality.
Civil procedure – Review of consent judgment – Whether consent entered when a party was non-existent constitutes error apparent on the face of the record and illegality – Aggrieved party – Power to set aside consent and grant relief including consolidation and joinder.
 10 August 2021
Nanyonga and 3 Others v Nanyombi (Civil Appeal No. 141 of 2019) [2021] UGHCLD 98 (10 August 2021)
High Court held respondent the lawful owner; appellants were licensees/trespassers, appeal dismissed.
Land law – ownership of kibanja; priority of competing interests (first in time); oral donation vs written instrument; enforceability of land agreements; licensee versus bona fide occupant; trespass remedies (damages, eviction, injunction); territorial jurisdiction and Section 216 MCA (objection not raised at trial).
 10 August 2021
Mabberi Allen Blessing(Suing through her lawful Attorney Bitera) and Another v Seremba Alias Muwanguzi) (Civil Miscellaneous Application No. 898 of 2020) [2021] UGHCLD 99 (9 August 2021)
Court struck out consolidated land suit where plaintiff's dual identities and deceit rendered the action illegal and an abuse of process.
Land law; amendment of pleadings — introduction of new causes of action; service of summons — proof by affidavit; capacity to bring interlocutory application; identity and deed‑poll — abuse of process and illegality grounds to strike out suit.
 9 August 2021
HJK Trading Co. Limited v Zziwa (Civil Suit No. 415 of 2018) [2021] UGHCLD 143 (6 August 2021)
6 August 2021
Luwemba and Others ( administrator of the late alozio Mukasa) v Commissioner Land Registration Masaka (Misc Cause No. 23 of 2020) [2021] UGHCLD 217 (5 August 2021)
Court granted vesting order under s.167 RTA after finding applicants met statutory conditions and paid fees.
Registration of Titles Act s.167 – vesting order – requirements: registered land; full payment; possession with vendor’s acquiescence; vendor dead or cannot be found; Civil Procedure Act s.98 – court’s inherent jurisdiction to grant vesting where applicants unrepresented and Registrar referred matter to court.
 5 August 2021
Najjuma and 5 Others v Joloba and Another (Civil Miscellaneous Application No. 770 of 2019) [2021] UGHCLD 96 (4 August 2021)
4 August 2021
Senkubuge and Another v Kibirango (Civil Miscellaneous Application No. 1704 of 2019) [2021] UGHCLD 108 (2 August 2021)
Application to set aside default judgment dismissed because the applicants served the motion outside prescribed time without leave.
Civil Procedure — Service of court processes — Motions on notice must be served within 21 days as for summons — period 24 Dec–8 Jan excluded from computation — strict compliance required. Civil Procedure — Consequence of failure to serve within prescribed time — O.5 r1(3)(a) sanction may include dismissal. Procedural competency — application served out of time without leave is incompetent and liable to be dismissed.
 2 August 2021
Wandukwa and 3 Others v Wakhasa (Civil Appeal No. 104 of 2019) [2021] UGHCLD 187 (2 August 2021)
2 August 2021