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.
14 judgments
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14 judgments
Citation
Judgment date
September 2021
30 September 2021
29 September 2021
29 September 2021
27 September 2021
27 September 2021
24 September 2021
23 September 2021
Court finds plaintiff’s possessory interest defeats defendant’s registration; purchaser not bona fide and registration set aside for survey and new titles.
Land — Illiterates Protection Act s.3 — requirements for admissibility of documents signed by illiterate vendor; Land — bona fide purchaser for value without notice — duty to make reasonable inquiries and effect of constructive/actual notice; Land registration — fraud in registration — strict proof and effect on indefeasibility; Possession and equitable interest — occupier’s equities can defeat apparent indefeasible title.
14 September 2021
Ex‑parte hearing set aside where counsel’s urgent hospital attendance for a critically ill litigant constituted sufficient cause.
Land procedure – Setting aside ex‑parte proceedings – "Sufficient cause" for non‑attendance – Emergency attendance to critically ill litigant at hospital – Informing opposing counsel not an absolute precondition – Prior procedural defaults not determinative.
14 September 2021
Disputed land held to be part of deceased husband’s estate; sales predated later family distribution, appeal dismissed.
Land law – inheritance and estate distribution – timing of alleged family distribution vis-à-vis dates of sale – credibility of witnesses and validity of purchasers’ title; appellate re-evaluation of evidence; dismissal of appeal for lack of merit.
13 September 2021
Plaintiff failed to prove co-ownership; father's sale was valid and the claim was dismissed with costs.
Land law – proof of ownership and unregistered interests; family land transfer restrictions (Land Act s.39) – application and limits; occupation under licence versus tenancy or co-ownership; burden of proof in civil claims; allegations of fraud in land transactions require proof on balance of probabilities.
13 September 2021
10 September 2021
9 September 2021
8 September 2021