Wakilii

Ahimbisibwe and Another v Commissioner Land Registration (Misc Cause 61 of 2022)

High Court · [2023] UGHCLD 176 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for vesting order under Registration of Titles Act s.167
Decision
Application dismissed for non-compliance with procedural requirements under Registration of Titles Act s.167

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for vesting order dismissed. Court held that an application for a vesting order under Registration of Titles Act s.167 must first be made to the Registrar of Titles, and court may only intervene where the Registrar has rejected the application. Since applicants failed to show that the Registrar had made any decision on their application, the matter was not properly before the court.

Outcome

Application dismissed for non-compliance with procedural requirements under Registration of Titles Act s.167

Facts

The applicants claimed to have purchased land comprised in Kyadondo Block 212 Plot 607 at Kyebando from Kintu Robert Lukudu in 1996. They alleged that the vendor handed over the land title and transfer forms upon full payment of the purchase price, and they took physical possession of the land. The applicants subsequently lost the duplicate certificate of title. They claimed to have petitioned the Commissioner Land Registration for a vesting order on 13 October 2015 through their former lawyers, but received no response. They then brought this application to the High Court seeking a vesting order and creation of a duplicate certificate of title. The Respondent was served but did not file any response.

Issues

  1. Whether a vesting order should be issued in favour of the applicants in regard to land comprised in Kyadondo Block 212 Plot 607 at Kyebando.

Orders

  • Application dismissed.
  • Applicants to meet their own costs.

Rules and key headnotes

Vesting Orders — Jurisdictional Prerequisites — Prior Application to Registrar of Titles Required
An application for a vesting order under Registration of Titles Act s.167 must first be made to the Registrar of Titles, and the court may only intervene where the Registrar has rejected the application for some reason.
Administrative Law — Judicial Review Principles — Exhaustion of Administrative Remedies
Before approaching the court for a vesting order, an applicant must establish that a decision was taken by the Registrar on their application and that the Registrar rejected it, failing which the application is not properly before the court.
Vesting Orders — Statutory Requirements under Registration of Titles Act s.167
Before a vesting order may be issued under Registration of Titles Act s.167, the applicant must prove that the land is registered under the Act, there was a sale and full payment of purchase price, the purchaser or those claiming under them have taken possession with the vendor's acquiescence, and the transfer has not been effected because the vendor is dead, residing outside the jurisdiction, or cannot be found.

Legislation cited (5)

Cases cited (1)

  • Ddungu Charles v Commissioner Land Registration (Misc Cause No. 17 of 2020)

Full judgment

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

Ahimbisibwe_and_Another_v_Commissioner_Land_Registration_(Misc_Cause_61_of_2022)_[2023]_UGHCLD_176_(5_July_2023)
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.