Wakilii

Alew v Commissioner Land Registration (Misc. Cause No.026 of 2015)

High Court · [2016] UGHCLD 74 · 2016 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application under Section 182(1) RTA seeking order compelling registration of transfer and issuance of certificate of title
Decision
Application dismissed with liberty to follow Section 182(1) RTA procedure

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application dismissed. The court held that an applicant seeking to compel the Commissioner Land Registration to register a transfer under Section 182(1) RTA must first require the Commissioner to set forth in writing the grounds for refusal before approaching the court. The applicant failed to produce evidence that she had made formal written request for reasons or that the Commissioner had responded. This procedural step is mandatory and cannot be omitted even where proceedings are uncontested.

Outcome

Application dismissed with liberty to follow Section 182(1) RTA procedure

Facts

The applicant purchased land comprised in Kibuga Block 6 Plot 300 at Katwe in 1998 following a public auction advertised by Ume Court Bailiffs & Auctioneers on behalf of Capital Finance Corporation, a mortgagee. She paid UGX 9 million and received the duplicate certificate of title. After obtaining a court order in Mengo Civil Suit No. 954 of 2008, she retrieved the transfer form from the mortgagee's advocate. When she lodged the transfer and release of mortgage for registration with the Commissioner Land Registration, the Commissioner declined registration and requested a copy of the newspaper advertisement of the sale. The applicant and the bailiffs were unable to produce the advertisement due to lapse of time. The applicant had been in uninterrupted possession of the property since 1998. The respondent Commissioner did not file any response and did not attend the hearing despite service.

Issues

  1. Whether the applicant complied with the procedural requirements under Section 182(1) RTA by requiring the Commissioner to set forth in writing the grounds for refusal to register the transfer.
  2. Whether the Commissioner's request for production of the newspaper advertisement was a valid exercise of powers under Section 165 RTA.
  3. Whether the court should order registration of the transfer in the absence of evidence that the statutory procedure under Section 182(1) RTA was followed.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Land Registration — Compulsory Registration Under Section 182(1) RTA — Procedural Prerequisites
Before an applicant may invoke Section 182(1) of the Registration of Titles Act to compel the Commissioner Land Registration to register a dealing, the applicant must first require the Commissioner to set forth in writing the grounds for refusal or decision, and this procedural step is mandatory and cannot be dispensed with.
Administrative Decisions — Requirement for Written Reasons — Section 182(1) RTA
The requirement under Section 182(1) RTA that the owner require the Commissioner to set forth in writing the grounds for refusal to register serves the vital purpose of obtaining a representation of the Commissioner's decision and guarding against persons who wish to access registration through fraudulent means.
Land Registration — Burden of Proof — Protection of the Register
Even where proceedings under Section 182(1) RTA are uncontested and the applicant's evidence of purchase and occupation is unrebutted, the court may decline to order registration where the applicant has failed to adduce evidence of compliance with mandatory procedural requirements, as the Land Register is an important record that must be protected and entry should occur only after all required legal steps have been followed.
Registration of Titles Act — Commissioner's Powers Under Section 165 — Request for Documents
Section 165 of the Registration of Titles Act empowers the Commissioner to require by summons the production of documents affecting land or title to land that are in the possession or control of persons interested in land, but this power must be exercised by formal summons.

Legislation cited (4)

Cases cited (1)

  • Eridad Tito Nsubuga and Another v Attorney General (1997)

Full judgment

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

Alew v Commissioner Land Registration (Misc. Cause No.026 of 2015) [2016] UGHCLD 74 (27 January 2016)
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.