Wakilii

Atukwasa v Commissioner Land Registration (Misc Cause 346 of 2023)

High Court · [2024] UGHCLD 16 · 2024 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 lack of jurisdiction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An application for a vesting order under Registration of Titles Act s.167 cannot be granted where the land in question is expropriated property under the Expropriated Properties Act Cap.87 and remains under the management of the Departed Asians Property Custodian Board. The court has no jurisdiction to issue orders affecting such property without evidence that redress was first sought from the Custodian Board or the Minister charged with managing expropriated property. Any such orders would contravene the statutory regime governing expropriated properties.

Outcome

Application dismissed for lack of jurisdiction

Facts

The applicant sought a vesting order for eight acres forming part of Freehold Register Volume 53 Folio 21 at Katalemwa West, Kampala. The parent title was registered in the names of Abdul Munim Hassanali Lakhani and Nizarali Hassanali Lakhani who departed Uganda in 1972 during the expulsion of Asians. Before departure they allegedly sold eight acres to Hajji Ssekitto Ssebagala for USD 2000. The applicant purchased the land from Ssebagala in 2010 for UGX 175,000,000 and has been in physical possession since, developing it with a church and commercial units. The original registered proprietors never returned to Uganda and their whereabouts are unknown. No transfer forms were executed. The applicant applied to the Commissioner for a vesting order in May 2023 without success, then filed this court application.

Issues

  1. Whether the application for a vesting order under Registration of Titles Act s.167 was properly before the court given that the suit land comprised expropriated property under the management of the Departed Asians Property Custodian Board.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Vesting Orders — Registration of Titles Act s.167 — Jurisdiction — Expropriated Property
A court has no jurisdiction to grant a vesting order under Registration of Titles Act s.167 where the property in question is expropriated property under the Expropriated Properties Act and remains under the management of the Departed Asians Property Custodian Board, as issuing such orders would contravene the statutory scheme which vests management authority exclusively in the Custodian Board until the Minister exercises powers under the Act.
Departed Asians Property Custodian Board — Expropriated Properties — Exclusive Jurisdiction
Property vested in the Government of Uganda under the Expropriated Properties Act and placed under the management of the Departed Asians Property Custodian Board remains under the Board's exclusive management until the Minister exercises powers under section 2(3) of the Act, and an applicant seeking relief affecting such property must first seek redress from the Custodian Board or the Minister before approaching the court.
Expropriated Properties Act — Registration of Titles Act — Conflict of Statutes
Where property falls within the definition of expropriated property under the Expropriated Properties Act, the statutory scheme governing such property prevails over the general provisions of the Registration of Titles Act, and the court cannot exercise powers under the latter Act in a manner that would circumvent or contradict the specific management regime established by the former.

Legislation cited (10)

Cases cited (1)

  • Aida Najjemba v Ester Mpagi (Court of Appeal Civil Appeal No. 74 of 2005)

Full judgment

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

Atukwasa_v_Commissioner_Land_Registration_(Misc_Cause_346_of_2023)_[2024]_UGHCLD_16_(12_January_2024)
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.