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Sekame Sempungu David and Others v Nakasongola District Land Board (Miscellaneous Cause No. 29 of 2024)

High Court · [2026] UGHC 493 · 2026 Application Dismissed — Costs Awarded AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for orders compelling District Land Board to furnish reasons for non-approval of conversion applications and directing approval
Decision
Application dismissed as overtaken by events but costs awarded to applicants due to respondent's delay

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for orders compelling District Land Board to approve conversion of leasehold to freehold and subdivision applications was overtaken by events after the Board approved the applications following service of court process. Court found that the respondent's delay in acting on the applications until served with court process caused the applicants to incur costs in seeking judicial intervention. Costs awarded to applicants despite application being overtaken by events.

Outcome

Application dismissed as overtaken by events but costs awarded to applicants due to respondent's delay

Facts

The applicants are administrators of the estate of late Sempungu Joseph Kyambadde, holding Letters of Administration granted on 30 June 2022. The estate comprises three parcels of land held under leasehold: LRV 1050/1 Fol 23 Block 109 Plot 10 (40.5080 hectares), LRV 1050 Fol 1 Block 109 Plot 11 (160.792 hectares), and LRV 1050/1 Fol 16 Block 109 Plot 6 (48.7000 hectares), all in Nakasongola District. On 3 January 2024, applicants applied for subdivision of the lands. On 4 March 2024, they paid ground rent and application fees for conversion from leasehold to freehold. The Physical Planning Department approved the applications on 2 September 2024. On 3 January 2025, applicants formally applied to the District Land Board for conversion to freehold. When the Board did not approve the applications, applicants filed this miscellaneous cause. The respondent filed an affidavit in reply attaching letters dated 18 December 2024 showing that both the conversion and subdivision applications had been approved on 17 December 2024 following service of court process.

Issues

  1. Whether the respondent should be compelled to furnish reasons for non-approval of the applicants' conversion applications.
  2. Whether the respondent should be directed to approve the conversion applications.
  3. Whether the applicants are entitled to costs despite the applications being overtaken by events.

Orders

  • Application overtaken by events.
  • Respondent to pay costs of the application.

Rules and key headnotes

Administrative Law — District Land Boards — Duty to Act — Effect of Delay
Where a District Land Board delays in acting on applications for conversion of leasehold to freehold until served with court process, the applicants are entitled to recover costs incurred in seeking judicial intervention even though the application becomes overtaken by events when the Board subsequently approves the applications.
Civil Procedure — Costs — Application Overtaken by Events
Under section 27 of the Civil Procedure Act, costs follow the event. Where an application is overtaken by events due to the respondent's delay in performing its statutory duty, the applicant is entitled to costs notwithstanding that the substantive relief sought has been rendered moot.

Legislation cited (7)

Full judgment

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Sekame Sempungu David and Others v Nakasongola District Land Board (Miscellaneous Cause No. 29 of 2024) [2026] UGHC 493 (30 April 2026)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.