Administrator of the Estate of the Kabugo v Mukiibi (Miscellaneous Cause No. 07 of 2011)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Where a purchaser paid full consideration for land but the vendor failed to effect transfer before the purchaser's death, and the vendor neither filed a defence nor appeared at hearing, the court grants a vesting order in favour of the deceased's executrix under Registration of Titles Act s.166. Failure to file a defence results in deemed admission of the applicant's factual allegations.

Outcome

Vesting order granted in favour of the Applicant as executrix for the benefit of the estate and beneficiaries

Facts

The late George William Kabugo purchased 3 acres of land at Budo Magalabi comprised in Kyadondo Block 351 Plot 604 from the Respondent Emmanuel Mukiibi Nsalabwa, who was acting as administrator of his late father's estate. The deceased paid the full purchase price in instalments. The Respondent promised to have the land surveyed and hand over the certificate of title but failed to do so. The deceased died approximately 11 years before this application. His widow, Juliet Kabugo, obtained probate as executrix of his estate. Throughout the years following her husband's death, she attempted without success to have the Respondent fulfill his promise. Fearing the Respondent might dispose of the land, she lodged a caveat against the title. The Respondent was served with the application but neither filed an affidavit in reply nor appeared at the hearing.

Issues

1. Whether the Applicant as executrix is entitled to a vesting order for land purchased by the deceased where the Respondent failed to transfer title despite full payment.

Orders

• A vesting order of part of the land comprised in Busiro Block 351, Plot 604 measuring 3.0 acres issued in favour of the Applicant against the Respondent.
• Costs of the application awarded to the Applicant.

Rules and key headnotes

Legislation cited (5)

• Registration of Titles Act cap 230 s.166
• Civil Procedure Rules Order 31 r.1
• Civil Procedure Rules Order 52
• Civil Procedure Rules Order 9 r.11(2)
• Civil Procedure Rules Order 9 r.10

Cases cited (4)

• Kubibaire v Kakwenzire [1977] HCB 37
• Musoke v Kaye [1976] HCB 171
• Samwiri Massa v Rose Achieng [1978] HCB 297
• Eridadi Ahimbisibwe v World Food Programme & Ors [1998] IV KALR 32

Cases citing this judgment (2)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Twinobuhungiro v Administrator of the Estate of Kabugo and Another (Application No. 279 of 2015; Civil Application No. 809 of 2012)
• TWINOBUHUNGIRO ASKA v. THE ADMIN. OF THE ESTATE OF THE LATE GEORGE WILLIAM KABUGO (Miscelleanous Application No. 279 of 2015)

The original judgment as reported. Read the original PDF before relying on any passage.