Anthony Joseph Segawa Sabakaaki v The Chief Registrar of Titles, Kampala Mailo office ( Miscellaneous Cause No. 25 of 2009) (Miscellaneous Cause No. 25 of 2009)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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

The High Court granted the application exparte after the Chief Registrar failed to appear or file any response. The court held that the Registrar's refusal to execute statutory duties and failure to appear when summoned was contemptuous. The Registrar was ordered to effect the requested land transfers.

Outcome

Application granted; Chief Registrar ordered to effect the land transfers

Facts

The applicant was the registered proprietor of land comprised in Block 167 Kyadondo, Plots 808-818 of Kiwale. In July 2008, he sold portions of the land to various purchasers who demanded their transfers. The purchasers presented the transfers to the Chief Registrar of Titles, Kampala Mailo office, but the Registrar refused to process them without giving lawful reasons. The Registrar removed the titles from the strong room and kept them separate. Despite multiple notifications, the Registrar refused to perform the statutory obligation to effect the transfers. The purchasers threatened to sue the applicant. The applicant brought this application to compel the Registrar to perform the statutory duty.

Issues

1. Whether the Chief Registrar of Titles should be compelled to effect and register transfers of land comprised in Block 167 Kyadondo, Plots 808-818 of Kiwale from the applicant's names to the names of purchasers.

Orders

• Application allowed with all orders sought.
• The Chief Registrar of Titles is ordered to effect transfers of land comprised in Block 167 Kyadondo, Plots 808, 809, 810, 811, 812, 813, 814, 815, 816, 817 and 818 of Kiwale from the applicant's names to the names of the purchasers.
• Each party to bear its own costs.

Rules and key headnotes

Legislation cited (6)

• Registration of Titles Act cap 230 s.182
• Registration of Titles Act cap 230 s.188
• Civil Procedure Act cap 71 s.98
• Judicature Act cap 13 s.33
• Civil Procedure Rules SI 71-1 Order 52 rule 1
• Civil Procedure Rules SI 71-1 Order 52 rule 2

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