Bwambale and Another v Yosafati Matte and Others (Civil Appeal No. 58 02)

Court of Appeal · [2005] UGCA 101 · 2005 Appeal Allowed ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Second appeal from the High Court's appellate decision, which had reversed the Chief Magistrate and ordered cancellation of the appellant's registered title.

Decision

High Court decision set aside; Chief Magistrate's dismissal of the suit reinstated; second appellant's registered title preserved

The full judgment

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Holding

The Court of Appeal allowed the appeal, holding that the registered proprietor's title under the Registration of Titles Act could not be impeached by alleged informalities such as failure to inspect or survey the land. A person merely occupying public land under customary tenure had no registrable interest; their remedy lay in compensation from the Uganda Land Commission, not eviction of the registered proprietor. The court found no fraud was proved and that the evidence did not establish that all respondents occupied the land since 1962. The appellate judge erred in ordering cancellation of title and de-registering the land, since land once brought under the Act cannot be de-registered. The High Court judgment was set aside and the Chief Magistrate's decision reinstated.

Facts

The second appellant was the registered proprietor of land at Kihyo Busongora, Kasese District, having been registered in January 1985. The respondents claimed to be occupying the same land and, around 1988, applied to the Uganda Land Commission for leases of their holdings; a surveyor found the land already surveyed. The second appellant brought a tractor, supervised by the first appellant, to clear the land, allegedly destroying the respondents' crops. The respondents sued in the Chief Magistrate's court alleging trespass and that the second appellant's registration was tainted with fraud, particularising lack of inspection and survey and an intention to defeat their unregistered interest. They sought an injunction, a declaration of ownership, and cancellation of title. Evidence showed only the second respondent purchased land in 1986 after registration, while claims that all respondents occupied since 1962 were not adequately proved. The Chief Magistrate dismissed the suit; the High Court reversed and ordered cancellation of title, prompting this appeal.

Issues

Whether the appellate judge properly evaluated the evidence regarding the respondents' occupation of the suit land.
Whether the respondents had an unregistered interest in the disputed land capable of defeating the registered proprietor's title.
Whether the second appellant obtained registration of the title through fraud.
Whether the appellate judge erred in ordering cancellation and de-registration of the second appellant's certificate of title.

Orders

Appeal allowed.
The judgement and orders of the High Court set aside.
The judgement and order of the Chief Magistrate reinstated.
Costs of the action awarded to the appellants here and in the courts below.

Key headnotes

Land & Property — Registered Title — Indefeasibility under Registration of Titles Act s.59

A certificate of title issued upon bringing land under the Registration of Titles Act cannot be impeached or defeated on account of informality or irregularity in the application or prior proceedings, such as failure to inspect or survey the land.

Land & Property — Customary Occupation of Public Land — Remedy of Compensation

A person occupying public land under customary tenure at the time it is brought under the operation of the Registration of Titles Act has no registrable interest defeating the registered proprietor; their remedy is compensation from the Uganda Land Commission, not eviction of the registered proprietor.

Land & Property — Fraud — Proof Required to Cancel Registered Title

To order cancellation of a registered title for fraud, it must be proved that the registered proprietor had actual or constructive knowledge of another's interest and ignored it; mere absence of inspection or survey does not constitute fraud.

Land & Property — Cancellation of Title — Land Cannot Be De-registered

Once land has been brought under the operation of the Registration of Titles Act it cannot be de-registered; a court ordering cancellation must direct the registrar to substitute a certificate as the circumstances require under the Act.

Legislation cited (7)

Registration of Titles Act s.59
Registration of Titles Act s.176
Registration of Titles Act s.177
Registration of Titles Act s.178
Land Reform Decree s.3
Public Land Act 1969 s.24(2)
Constitution of Uganda Article 237

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.