Wakilii

Hezekiah Mukiibi and Another v Commissioner Land Registration and Another (Civil Appeal No. 02 of 2024)

Supreme Court · [2025] UGSC 52 · 2025 Appeal Allowed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Second appeal to the Supreme Court from a Court of Appeal decision affirming the dismissal of an application for judicial review of the Commissioner Land Registration's cancellation of certificates of title.
Decision
Appeal allowed against the first respondent; Court of Appeal judgment set aside and the cancellation of titles reversed; injunction issued pending High Court determination; appeal against the second respondent dismissed for non-joinder.

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Cited — treatment unverified cited in 7 (treatment unverified) Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

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Holding

The Supreme Court allowed the appeal against the Commissioner, Land Registration, holding the Commissioner acted without jurisdiction in cancelling the appellants' certificates of title. Where two competing or conflicting interests subsist in the same land, raising connotations of fraud, the matter is the exclusive preserve of the High Court under sections 160 and 161 of the Registration of Titles Act and requires a full trial, not the quasi-judicial hearing under section 88 of the Land Act. The Registrar's special powers are confined to correcting demonstrable errors of his own office. The Court of Appeal judgment was set aside and the cancellation reversed; the appeal against the second respondent was dismissed as he was never a party in the courts below.

Facts

Hezekiah Mukiibi, registered proprietor of Kyadondo Block 185 Plot 385 (subdivided into plots 8151-8154) following a 1981 transfer from Yeremiah Munyigwa, had transferred plot 8152 to Jonathan Magala. Winnie Tugume complained to the Commissioner, Land Registration that she had purchased the same land in 1998 from the estate of Kupuliyano Lufo Bisase Kisosonkole, and that Mukiibi, who had been engaged as surveyor for her purchase, had laid claim to the land and refused to surrender the title. A police laboratory report indicated Mukiibi's signature appeared on Tugume's 1998 sale agreement. The Commissioner summoned the appellants and, after they did not appear, cancelled their registration and reinstated the earlier proprietor, treating the matter as an 'error.' The appellants brought judicial review in the High Court, which dismissed the application; the Court of Appeal upheld that decision. The appellants appealed to the Supreme Court, contending the Commissioner had no power to cancel a title for fraud, that service was ineffective, and that the cancellation was sub judice while related suits were pending.

Issues

  1. Whether the Commissioner Land Registration had power or jurisdiction to cancel the appellants' certificates of title where competing or conflicting interests in the same land, raising connotations of fraud, were in issue.
  2. Whether the cancellation fell within the Registrar's power to correct an 'error' or 'illegality' under section 88 (formerly section 91) of the Land Act, or whether it was reserved to the High Court.
  3. Whether judicial review was an appropriate procedure given the available statutory appeal to a district land tribunal.
  4. Whether the appellants were effectively served and accorded a hearing before cancellation, and whether the cancellation was sub judice or contemptuous of pending proceedings.
  5. Whether the appeal against the second respondent was competent when he was never a party to the proceedings in the courts below.

Orders

  • The judgment and orders of the Court of Appeal in Civil Appeal No. 113 of 2020 are set aside.
  • The cancellation by the then Commissioner Land Registration of the certificates of title in respect of the land comprised in Kyadondo Block 185 Plot 385 (subdivided into plots 8151, 8152, 8153 and 8154) is reversed.
  • An injunction issues restraining all parties from any further alienation of the property comprised in Kyadondo Block 185 Plot 385 (subdivided into plots 8151, 8152, 8153 and 8154) until determination of the attendant civil litigation by the High Court.
  • The appeal as against the second respondent is dismissed with no order as to costs.
  • By a majority of 4 to 1, the appellants are awarded the costs of the appeal in the Supreme Court and the courts below, to be borne by the first respondent.
  • A copy of the judgment to be brought to the attention of the Honourable Principal Judge.

Key headnotes

Land & Property — Registration of Titles — Cancellation of Title — Indefeasibility and Conflicting Interests
The Commissioner Land Registration has no power to unilaterally cancel a certificate of title where there are existing and unresolved conflicting legal interests in the same land; such a dispute must be resolved by a court of competent jurisdiction.
Land & Property — Registrar's Powers under Section 88 Land Act — Confined to Errors of the Registrar's Office
The special powers of the Registrar of Titles under section 88 (formerly section 91) of the Land Act are subject to the Registration of Titles Act and are confined to correcting demonstrable errors of the Registrar's own office; they do not extend to cancelling a pre-existing registered interest on the complaint of a third party.
Land & Property — Fraud — Exclusive Jurisdiction of the High Court
The cancellation of a certificate of title on account of fraud is the exclusive preserve of the High Court under sections 160(c) and 161 of the Registration of Titles Act and requires a full trial, not the quasi-judicial hearing envisaged under section 88 of the Land Act.
Administrative Law — Judicial Review — Indefeasibility — Conclusive Evidence of Title
A certificate of title is conclusive evidence of ownership under section 59 of the Registration of Titles Act and is indefeasible save on proof of fraud established by a court of law; until fraud is lawfully established, the registered proprietor's rights are protected.
Judicial Review — Alternative Statutory Remedy — Appropriateness
Where a statutory appeal lies against a registrar's decision (to a district land tribunal under section 88(12) of the Land Act), judicial review is generally an inappropriate remedy save in exceptional circumstances such as want of jurisdiction or a procedural irregularity denying a fair hearing.
Administrative Law — Duty to Give Reasons — Nullity
The Commissioner Land Registration must, under section 88(10)(d) of the Land Act, give reasons disclosing the statutory ground for cancelling a title; the provision is couched in mandatory language and failure to comply renders the decision a nullity (per Madrama JSC).
Civil Procedure — Joinder of Parties — Non-joinder — Effect on Appeal
A person cannot be bound by the outcome of proceedings to which he was not properly joined; participation in interlocutory applications does not cure non-joinder to the main case, and an appeal against a party never joined in the courts below is incompetent (per Bamugemereire JSC).

Legislation cited (22)

  • Land Act s.91 (now s.88), Cap 227 (now Cap 236)
  • Land Act s.88(1)
  • Land Act s.88(2)
  • Land Act s.88(3)
  • Land Act s.88(9)
  • Land Act s.88(10)(d) (formerly s.91(8))
  • Land Act s.88(12) (formerly s.91(10))
  • Registration of Titles Act s.59, Cap 230 (now Cap 240)
  • Registration of Titles Act s.149 (formerly s.165)
  • Registration of Titles Act s.160 (formerly s.176(3))
  • Registration of Titles Act s.161 (formerly s.177)
  • Registration of Titles Act s.202(6)(a) and (b)
  • Constitution of the Republic of Uganda Article 42
  • Constitution of the Republic of Uganda Article 28(1)
  • Constitution of the Republic of Uganda Article 44
  • Constitution of the Republic of Uganda Article 26
  • Constitution of the Republic of Uganda Article 128(2) and (3)
  • Constitution of the Republic of Uganda Article 132(2)
  • Constitution of the Republic of Uganda Articles 21, 274
  • Civil Procedure Rules SI 71-1 Order 1 rule 1
  • Civil Procedure Rules SI 71-1 Order 1 rule 3
  • Court of Appeal Rules Rule 86

Cases cited (31)

  • Hilda Wilson Namusoke & Others v Owalla's Home Investment Trust (EA) Ltd & Another (Civil Application No. 14 of 2019) [2023] UGSC 48
  • Ronald Kushaba v Commissioner, Land Registration & Another [2024] UGSC 31
  • Fredrick J. K. Zaabwe v Orient Bank Ltd & 5 Others (Civil Appeal No. 4 of 2006) [2007] UGSC 21
  • Kampala Bottlers Ltd v Damanico (U) Ltd (Civil Appeal No. 22 of 1992)
  • Henry Kifamunte v Uganda [1995] UGSC 20
  • Nagji Textiles Ltd v A.B. Popat, Anil Damani and Joseph Ssempebwa [2010] UGSC 31
  • Banco Arabe Espanol v Bank of Uganda (Civil Appeal No. 8 of 1998)
  • Milly Masembe v Sugar Corporation and Another (Civil Appeal No. 1 of 2000)
  • Bilamisi Namuddu v Rwabuganda Godfrey (Civil Appeal No. 16 of 2014)
  • Geoffrey Gatete and Another v William Kyobe (Civil Appeal No. 7 of 2005) [2007] UGSC 7
  • Uganda Revenue Authority v Rabbo Enterprises (U) Ltd & Anor (Civil Appeal No. 12 of 2004) [2017] UGSC 20
  • Okumu & 7 Others v Uganda Electricity Transmission Company Limited & 6 Others (Civil Appeal No. 18 of 2020)
  • Muwolooza & Brothers v N. Shah & Co. Ltd [2011] UGSC 11
  • Bakaluba v Nambooze (Election Petition Appeal No. 4 of 2009)
  • Kakooza John Baptist v Electoral Commission and Yiga Anthony (Election Petition Appeal No. 11 of 2007)
  • Charles Harry Twagira vs AG, DPP & Kyomukama Sam
  • Francis Louise Kibuka & Another v Commissioner Land Registration & Kigongo Justine (Miscellaneous Cause No. 60 of 2019)
  • Okello vs. Uganda National Examinations Board CA No. 12 1987 [1993] II KALR 133
  • Ssali Busuluwa v National Social Security Fund (Miscellaneous Application No. 116 of 2016)
  • Male Mabirizi v Attorney General (Miscellaneous Application No. 7 of 2018)
  • Robini Sidipra v Freny Sidipra & Others (Civil Suit No. 59 of 1990)
  • Ismael Dabule & 1004 Others v Attorney General (EACJ Appeal No. 1 of 2018)
  • Attorney General of Uganda v Media Legal Defence Initiative (MLDI) & 19 Others (EACJ Appeal No. 3 of 2016)
  • Ebenezer Nwokoro & Ors v. Titus Onuma & Anor, Nigeria Supreme Court Case No. 213 of 1988
  • Attorney General v Times Newspapers Ltd [1973] 3 All ER 54 (HL)
  • Ridge v Baldwin [1964] AC 40
  • Doody v Secretary of State for the Home Department [1993] 3 All ER 92
  • R v Birmingham City Council, ex parte Ferrero Ltd [1993] 1 All ER 530
  • Preston v IRC [1985] 2 All ER 327
  • R (Sivasubramaniam) v Wandsworth County Court [2003] 2 All ER 160
  • R v Hassan bin Said (1942) 9 EACA 62
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