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.
20 judgments
  • Filters
  • Judges
  • Alphabet
Sort by:
20 judgments
Citation
Judgment date
September 2024

 

30 September 2024

 

30 September 2024

 

30 September 2024

 

27 September 2024

 

26 September 2024
An application to consolidate two suits was dismissed after one suit abated and was dismissed for want of prosecution.
Civil procedure – consolidation of suits – requirement that suits be actively pending – effect of abatement and dismissal of suit – mootness of consolidation application when one suit has abated.
26 September 2024
Consolidation of two civil suits was refused due to absence of common legal or factual questions between them.
Civil procedure—Application for consolidation of suits—Order 11 of the Civil Procedure Rules—Distinct causes of action—No common questions of law or fact—Consolidation refused.
25 September 2024
Forfeiture granted for unpaid premium and ground rent; arrears, damages, vacant possession and costs awarded.
Illiterates Protection Act – requirement that documents authored for an illiterate be shown read over and explained; jurat implications and admissibility. Contract law – variation by course of dealing; effect of deed of acknowledgement versus express deed of variation. Evidence – proof of payments by bank statements; forgery allegations and identification of signatures; weight of primary evidence. Land law – lease covenants and implied powers under the Registration of Titles Act regarding re-entry and forfeiture for rent arrears. Equity – relief against forfeiture is discretionary; courts lean against forfeiture but may grant it where lessee fails to show adequate remedy or prompt performance.
24 September 2024
Court set aside judgment on admission for lack of a clear, authorized government admission of liability.
Civil procedure – Review of judgment – Section 82 Civil Procedure Act; Order 46 rule 1 CPR – availability of review notwithstanding functus officio concerns. Judgment on admissions – requirement that admission be clear, plain, obvious and unambiguous before court enters judgment (Nevia Company Ltd v. Biersdorf). Government litigation – authority of State Law Officers to concede liability – necessity of express authorization for binding admissions. Evidence – affidavits by State Attorneys and insufficiency of reliance documents to prove authority to admit liability.
23 September 2024
23 September 2024
Failure to prove purchase or proprietary interest: a bare licensee is not a lawful occupant under Section 29.
Land law – unregistered kibanja; lawful occupant under s.29 of the Land Act; license v proprietary interest; burden of proof in land transactions.
20 September 2024
Fraud concealed tolls limitation; fraudulent land registration set aside, title cancelled, damages and mesne profits awarded.
Land law – fraudulent registration of title – limitation law (Limitation Act s.3(3) and s.25) – postponement of limitation where fraud concealed – cancellation of certificate of title – Registrar/Commissioner ordered to cancel and re-register – mesne profits and general damages – injunction and eviction – counterclaim dismissed.
19 September 2024

 

16 September 2024
A certificate of title obtained by fraud is defeasible; court cancelled title and dismissed trespass claim.
Land law; Torrens system—indefeasibility of title v. certificates procured by fraud; proof of fraud in land registration; possession and claim of right; remedy—cancellation of title and award of costs.
13 September 2024
No concluded sale proved; claim to set aside magistrates' consent judgment wrongly before High Court; suit dismissed.
Land law – contract formation – part-payment acknowledgment insufficient where essential terms left for later written agreement; evidence and locus in quo; consent judgment – procedural requirements to challenge a magistrates' consent judgment; pleadings and proof of possession.
13 September 2024
A law firm was granted leave to tax its advocate–client bill of costs after satisfying statutory requirements for recovery of fees.
Advocate–client relationship – Taxation of costs – Service of bill of costs – Application for leave – Legal requirements – Advocate’s entitlement to taxation of unpaid fees – Amounts paid and propriety of services to be determined by taxing master.
12 September 2024
Consent judgment acknowledging prior compulsory acquisition and payment of compensation cannot be set aside where signatories knowingly consented.
Land law – compulsory acquisition – evidence of compensation – registration in favour of respondent; Civil procedure – consent judgment – setting aside on grounds of illegality, fraud, mistake or non est factum; Non est factum – burden of proof on party disowning signed document; Delay/laches and estoppel considerations where compensation and registration predate litigation.
12 September 2024

 

11 September 2024
A beneficiary's challenge to a consent judgment was dismissed for lack of grounds to review or set aside the judgment.
Civil Procedure – consent judgment – grounds for review or setting aside – standing of non-party beneficiaries – enforcement of judgments – mental capacity and representation – interest for delay.
10 September 2024

 

9 September 2024