15TH JUDGES` CONFERENCE 2013 AT HOTEL AFRICANA

15TH JUDGES' CONFERENCE 2013
AT
HOTEL AFRICANA, KAMPALA AS FROM 14TH -1 TH
JANUARY, 2013
A REPORT BY THE HIGH COURT LAND DIVISI
KAMPALA
JANUARY 2013
I
1. Introduction
The High Court
indicated
Land Division (herein
after called "the
during the last Judges' Conference
remains
Land Division")
committed
to time
delivery of quality justice, within the available resources. And like last year, th
Land Division is still manned by 3 Judges, that is, Hon Justice Ruby Opio Awe i
the Head, Hon. Justice Joseph Murangira the Dep. Head, and Hon. Justice Per
Tuhaise.
However, Hon. Justice Owiny 00110 of the International
Crimes Division w s
late last year seconded
H/W
transferred
Nsenga.
to the
to the
Land Division,
while
Division to assist the Ag. Deputy
Ajiji
Registrar
Alex w s
H/W Fes
0
Similarly, a Data Analyst Mr Mboyo Steven and a Data Entry Offi
r
Mr. Kinkumu Michael were received, bringing the number of Support Staff
0
35, as shown by the annexed Staff List.
Further, as alluded to in the last conference, the Land Division has since shi
d
to a new and more spacious home, Twed Plaza, Nakasero [2nd Floor]. We th
k
the Administration
for these
developments,
while
gratitude to the Commercial Division for accommodating
We also appreciate
between
the assistance we were rendered
we again express
ur
us hitherto.
by the Administra
February and June 2012 to carry out physical counting
on
of all fi es,
which enabled us to clean some 1026 inactive cases from CCAS. The stru gle
continues in that endeavour.
1
2. Case Status
As at the end of December 2012, we had a case load of 4709 assorted cases, a
per Table 1 below:
Table 1 - Case load as of December 2012
CASE CATEGORY
-c-
-0-
COMPLETED
COMPLETED
TOTAL OF
CASES BY
COMPLETED
CARRIED
TRANSFER
sT
AS OF 31
CASES IN
PRWARDTO
DECEMBER
COLUMNS
JANUARY
2012.
DECEMBER
-C- & -0-
2013.
-A-
-B-
CASES BIF
REGESTERED
TOTAL OF
FROM
CASES AS OF
sT
CASES IN
CASES
31
COLUMNS
AS OF 31
DECEMBER
-A- & -B-
YEAR
2011.
2012.
sT
P NDING
CASES
2012.
CIVIL SUITS
MISe. CAUSES
MISe. APPL.
e--CIVIL APPEALS
ORIGINATING
1853
190
1838
148
29
615
87
1162
86
13
2468
277
3000
234
42
246
65
871
47
17
53
10
40
14
1
299
75
911
61
18
2169
202
2089
173
24
26
29
4113
8
25
1996
34
54
6109
14
14
1274
4
4
126
18
18
1400
16
36
4709
SUMMONS
MISe. APPEALS
CIVIL REVISION
TOTAL
New case registration
has steadily increased over the years, with 1563 cas s
registered in 2010, 1638 in 2011, and 1996 in 2012, as shown in Table 2 belov :
Table 2 - New cases registered in 2010, 2011, and 2012
YEAR
2010
2011
2012
MISC.
CIVIL MISC.
APPL.
SUITS CAUSES
940
94
432
950
521
88
1162
615
87
ORIG.
CIVIL
APPEALS SUMMONS
9
72
12
52
86
2
13
MISC.
APPEALS
9
5
8
CIVIL
REV.
7
10
25
TOTAL
1563
1638
1996
Of the total 4709 cases, 51 are pending Judgment, 92 pending
Ruling, 349
pending hearing, while 1070 are to be scrutinised for possible weed out. Pleas
refer to Table 3 below:
Table 3 - Case stage status
JUDICIAL
-A-
-B-
ONLY CASESPENDING HEARING/PH/UNDER HEARING
CASES PENDING JUDGMENT ~ RULING
PENDII\ :i
PENDING
PENDING
TOTAL
c.s.
OFFICER
M.C.
M.A.
C.A.
M.L.
0.5.
C.R.
RULINGS
JUDGMENTS
RULING
PRELIMIN
Hon. Mr. Justice R.
Aweri Opio
746
73
504
36
3
6
6 (C.S.)
8 (M.C.)
7 (C.A.)
31(M.A)
10
1 (C.R.)
14
DR
,ms
7 (C.<
1446
2 (M.L)
3 (C.R)
3 (O.S)
Hon. Mr. Justice J.
Murangira
42
596
303
30
3
3
47
3 (C.S.)
9 (C.S.)
6
20 (C.A.)
5 (C.< )
4 (M.C.)
1046
19 (M.A.)
29
2 (O.S.)
2 (C.R.)
30
Hon. Lady. Justice
P.N. Tuhaise
Hon. Mr. Justice M.
Mukiibi
Hon. Mr. Justice
Owiny 00110
Earmarked
for
possible
weeding
out
565
TOTAL
40
364
34
11
5
8
2 (C.S.)
1 (M.A.)
1030
5 (C.S.)
5
74
4
18
6
146
31
847
40
2132
190
2036
146
10
1 (0.5.)
1
14
106
I
I
6
18
2 (M.A.)
30
1070
80
51
12
3. Achievements
•
Hon. Justice Percy Tuhaise successfully completed
Iganga between
completed
•
a Criminal Session n
April and May, while Hon Justice Joseph Murangi a
a Civil Session at Arua in November.
Her Lordship Hon. Justice Percy Tuhaise received training
Framework
of
Zambia, while
Sustaining
Investment
and
Business
the Ag. Deputy Registrar H/W
training on Business Management
Livingstor "',
Festo Nsenga receiv d
at Arusha in Tanzania.
3
at
on the LeEal
4709
•
Various sessions were held, with 1400 cases completed,
doubling th
case disposal rate last year, as compared to the previous year (2011)
Please refer to Table 4 and Table 5 below:
Table 4 - Total cases completed in 2012
CIVil
SUITS
MISe.
CAUSES
MISe.
APPl.
CIVil
APPEALS
Hon. Mr. Justice J. Murangira
47
61
11
22
1
16
Hon. Lady Justice P.N. Tuhaise
51
15
106
190
77
Hon. Mr. Justice Owiny 00110
3
YEAR
Hon. Mr. Justice R. Opio Aweri
f--
(Assisting
1
1
CI\i l
RE .
TOTAL
1
1
1
170
8
2
313
158
31
L
28
17
19
Judge)
Hon. Lady Justice M. Mugenyi
(Visiting
10
3
6
1
MISC.
APPEALS
Judge)
Hon. Mr. Justice Akiiki Kiiza
(Visiting
ORIG.
SUMMONS
10
1
6
14
31
1
2
21
17
Judge)
I Hon. Lady Justice Nahamya
E.
18
,>-(Visiting Judge)
Ag. Deputy Registrar H/W Nsenga F.
88
24
458
4
2
45
299
75
911
8
7
606
[
(Including settlements/consent
judgments, withdrawals, transfers,
and dismissals)
Assistant Registrar H/W Ajiji Alex
51
(Including settlements/consent
I judgments, withdrawals, transfers,
and dismissals)
TOTAL
61
18
18
1~
1400
Table 5: Cases completed in 2010, 2011 AND 2012.
YEAR
YEAR
2010
YEAR
2011
YEAR
2012
CIVil
MISC.
MISC.
SUITS CAUSES APPl.
394
118
646
CIVil
ORIG.
APPEALS SUMMONS
9
28
CIVil
MISC.
APPEALS REV.
5
6
TOTAL
1206
171
59
472
23
9
11
6
751
299
75
911
61
18
18
18
1400
4
We highly appreciate the assistance we received from the Administration,
an
from Hon. Justices Akiiki Kiiza, Elizabeth Nahamya, Owiny 00110, and Monic
Mugenyi.
4. Challenges
•
Insufficient
number Judges remains a very constraining
challenge. Th
Land Division needs at least 4 full time Judges.
•
There is also need for at least another
Research Assistant.
available.
•
Hon Justice Opio Aweri was taken ill and had to go abroad for specialise
treatment.
the
Fortunately,
Division
greatly
the Hon. Head is now recovering quite well, an
thanks
the
Administration
for
facilitating
h
treatment.
•
Just like the other courts, we continue to suffer inadequate funding.
•
Lack of transcribers,
and a functional
transcribing
system. The setting
of the system is yet to be completed.
•
Insufficient furniture
•
Lack of a library.
•
There is need for a motor cycle for process serving.
•
Twed Towers is out of town, necessitating a van for support staff.
•
Twed Towers
embarrassing
both in chambers and open Court.
has other
power
constraints,
cuts, threatened
including
water
incessant
and rath r
dis-connections,
and t e
now well known parking fee charges slapped on court users, includi
g
advocates.
•
Numerous and endless applications
remains another big challenge.
5. Way forward
•
We intend to pursue sessions further
submitted
shall
work plan, targeting
however
require
in accordance with our alrea y
a disposal of at least 1879 cases. T is
assistance
from
the
Administration,
y
provision of funds and visiting Judges. In this regard, we look forwa d
to the coming
of Hon. Justice Flavia Anglin
scheduled before her last year.
5
to handle
a sessi n
•
We intend to also carry out a comprehensive
weed out exercis
targeting especially miscellaneous applications.
•
The planned Mediation
Committees
are yet to be functional
assistance
of
the
reflected in our last year Repo
due to lack of funds. We intend with th
administration
to
pursue
mediation
mor
aggressively.
6. Conclusion
•
I thank the Judges and Staff of the Land Division for job well done i
2012.
•
Land is a very vital asset, and due to the population
has become
rampant
ever
more
valuable,
with
conflicts
pressure, Ian
becoming
and aggressive. Yet it's well known that there
eve
is a hug
national backlog of cases, caused among others by the failures of th
now defunct Land Tribunals. This is to say the least, a time bomb.
•
The
Land
intervention
Division
therefore
strongly
proposes
a
concerte
in form of Sessions country wide, just like it was wit
Criminal Cases or as it is with Election Petitions. Indeed this is what i
envisaged in the JLOS 2011 - 2015 Strategic
Plan. There is equall
need for rolling out of specialised Land Courts country wide, as it i
with Family and Children Courts.
•
Lastly, myself and the entire team of the Land Division takes thi
opportunity
year,
to again thank everyone that rendered it assistance las
and to
wish
the
whole
Judicial
prosperous 2013.
Thank you for listening to me.
-~~------«::
----------- ~
Head Land Division
6
fraternity
a fruitful
an
A LIST OF SUPPORT STAFF FOR HIGH COURT LAND DIVISION
No.
l.
NAME
TITLE
Mrs. Stella Kwaga
Researcher
2.
Ms. Jeanie Namugga
Researcher
3.
4.
5.
Mr. M. Musoke Alex
Office Supervisor
Mr. Mboyo Stephen Wangutusi
IT
Mr. Kinkumu Micheal
IT
6.
Ms. Nanteza Damalie
Cashier
7.
Mr. Egesa-Odoki
I/C Registry
8.
Mr. Magala Sylvester
Clerk for Judge Opio
9.
Ms. Namusoke Justine
Ms. Akullu Keren
Clerk for Judge Murangira
Clerk for Judge Tuhaise
Clerk for Deputy Registrar
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
Ms. Mayobo Aidah
Ms. Mubeezi R.
Ms.Nabirye Betty
Ms. Kibirango Joyce
Ms. Eva Namutebi
Ms. Apollo Dillis
Mr. Mayanja Abu
Ms. Atyanga Faith
Ms. Nakazibwe Marble
Mr. Iterera Daniel
Ms. Nattabi Robinah
Ms.
Mr.
Mr.
Mr.
Nambooze Mulundirawala
Nalyongo Peter
Byomuhangi Innocent
Mutungi Abias
Ms. Wanicinge Martha
Ms.
Ms.
Ms.
Ms.
Nambozo Sophie
Nadunga Patricia Sharon
Kugumisiriza Agripin
Atuhirwe Prim
34.
Ms.
Mr.
Mr.
Mr.
Nassanga Ruth
Bishuba Obadiah
Akona Geoffrey
Ssempijja
35.
Mr. Kibwika Moses
29.
30.
31.
32.
33.
Secretary for Deputy Registrar
Clerk attached to Registry
Gladys
Clerk for Judge Owiny Dollo
Ass. I/C Registry
Clerk for Ass. Registrar
Records Assistant Achieve/Process se ver
Process server
Process server
Secretary for Hon. Justice Murangira
Secretary for Hon. Justice Tuhaise
Secretary for Hon. Justice Opio
Body Gourd for Hon. Judge Opio
Body Gourd for Hon. Judge Murangi
Body Gourd for Hon. Judge Tuhaise
Attendant for the Deputy Registrar
Attendant for Hon. Justice Murangira
Attendant for Hon. Justice Opio
Attendant attached to the Registry
Attendant for Hon. Justice Tuhaise
Attendant attached to the Registry
Driver for Hon. Justice Murangira
Driver for Hon. Justice Opio
Driver for Hon. Justice Tuhaise
Driver for the Deputy Registrar
p