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.
22 judgments
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22 judgments
Citation
Judgment date
February 2025
Whether a freehold title issued over land in occupation was lawfully granted despite an extended lease.
Land law — allocation and conversion of land — availability of land for allocation; Expropriated Properties Act — extension of expired leases due to expropriation; Land Regulations — requirement to verify occupation, advertise, hold hearings and observe natural justice before conversion/allocation; Torrens system — impossibility of reverting registered leasehold to customary tenure; Reliefs — cancellation of title, injunctions, damages and costs.
28 February 2025

 

28 February 2025
A company may claim under a pre-incorporation agreement if it ratifies the contract after incorporation and shows sufficient interest.
Civil procedure – locus standi – pre-incorporation contracts – adoption of pre-incorporation agreements by companies – cause of action – whether suit is frivolous and vexatious – land law – company law – legal capacity to sue based on ratified agreements.
27 February 2025

 

26 February 2025

 

24 February 2025

 

24 February 2025

 

24 February 2025

 

21 February 2025

 

21 February 2025

 

21 February 2025

Condominium Property—common property—ownership rights—parking areas—swimming pool—developer obligations—contractual misrepresentation—estoppel—variation of condominium plan—illegality—remedies

21 February 2025
A suit was dismissed for want of prosecution due to plaintiffs' failure to take action after filing the plaint.
Civil procedure – dismissal for want of prosecution – failure to take steps after filing plaint – exercise of discretion under section 17(2) of the Judicature Act.
19 February 2025
The court dismissed the plaintiffs' fraud case for failure to prosecute under section 17(2) of the Judicature Act.
Civil procedure – dismissal for want of prosecution – section 17(2) Judicature Act – failure to take steps after filing suit – consequences for plaintiffs' inaction.
19 February 2025
Beneficiaries claiming interest in estate land held to have locus and joined as necessary parties to ongoing land dispute.
Civil Procedure – Joinder of parties – Locus standi – Beneficiaries seeking to be added as necessary parties – Sufficient interest in subject matter – Variation in names and proof of relationship – Discretion to join parties for complete adjudication under Order 1 Rule 10(2) CPR.
18 February 2025
An unserved, unprosecuted application to reinstate a dismissed suit was itself dismissed under section 17(2) of the Judicature Act.
Civil procedure – dismissal for want of prosecution – failure to serve and prosecute an application – application dismissed under section 17(2) Judicature Act – application to set aside dismissal and reinstate suit unsuccessful.
18 February 2025

 

17 February 2025

 

14 February 2025
Application dismissed for want of prosecution due to failure to serve and take steps after filing.
Civil procedure – dismissal of application – want of prosecution – failure to serve application on respondents – discretion of court under s.17(2) Judicature Act.
13 February 2025

 

11 February 2025
7 February 2025

 

6 February 2025
Long-standing family occupation (kibanja) survives registration; purchaser's failure of due diligence attracts compensation, not title cancellation.
* Land law – protection of unregistered equitable interests (kibanja/family occupation) – occupants' rights survive transfer of registered title. * Property – bona fide purchaser for value without notice – duty of due diligence; failure to inquire can defeat protection. * Relief – where occupants' equitable rights exist, compensation assessed by Chief Government Valuer is appropriate rather than cancellation of title. * Civil procedure – burden of proof and proof of fraud; fraud must be pleaded and proved but conduct may amount to actionable lack of inquiry.
6 February 2025