Wakilii

Bitekerezo v Commissioner Land Registration (HCT-01-CV-MC 26 of 2024)

High Court · [2024] UGHC 1123 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application under sections 71, 91, 92 and 94 of the Registration of Titles Act seeking special certificate of title and vesting order
Decision
Application granted; special certificate of title to be issued and land vested in applicant's name

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where a proprietor executes transfer forms and the transferee pays stamp duty and registration fees, but the title and transfer documents are lost by the Registrar's officers before registration, the High Court has power to direct the Commissioner Land Registration to issue a special certificate of title and vest the land in the transferee. The transferee has locus standi under sections 91 and 92 of the Registration of Titles Act as the beneficial owner, notwithstanding that registration has not been completed.

Outcome

Application granted; special certificate of title to be issued and land vested in applicant's name

Facts

The applicant acquired land from his brother Mugenyi Julius who held it as trustee. On 11 December 2022, the brother consented to transfer the land into the applicant's name and signed transfer forms. The applicant paid stamp duty and submitted the duplicate certificate of title, signed transfer forms, and supporting documents to the Ministry of Lands Fort Portal Zonal Offices. After obtaining a court order removing a caveat lodged by the brother, officials at the Fort Portal Zonal Offices informed the applicant that the title had been misplaced and could not be traced. A police report was filed and an officer admitted losing the documents. The land is developed with a commercial building leased to Centenary Bank. The applicant sought orders directing the Commissioner Land Registration to issue a special certificate of title and vest the land in his name. The Respondent was served but did not appear or file any response.

Issues

  1. Whether this is a proper application for grant of an order for issuance of special title and a vesting order.

Orders

  • The Commissioner Land Registration is directed to issue a special certificate of title for land comprised in FRV HQT526, Folio 2, Block (Road) Market Street, Plot 17 at Kyenjojo Central currently registered in the names of Mugenyi Julius.
  • The Commissioner Land Registration is ordered to vest and register the said land into the names of Bitekerezo Bernard (the applicant) who is the owner of the same.
  • No order as to costs.

Rules and key headnotes

Land & Property — Registration of Title — Special Certificate of Title — Locus Standi of Transferee
Under sections 91 and 92 of the Registration of Titles Act, once a proprietor executes transfer forms in favour of a purchaser who pays full consideration, the purchaser becomes the owner in law with all rights, powers and privileges of the proprietor, including locus standi to apply for a special certificate of title where the original is lost before registration is completed.
Land & Property — Registration of Title — Special Certificate of Title — Power of Court
While the Registrar of Titles has power under section 71 of the Registration of Titles Act to issue a special certificate where the original is lost without requiring a court order, the High Court may exercise jurisdiction under sections 98 of the Civil Procedure Act and 33 of the Judicature Act to compel the Commissioner to issue a special certificate where the Registrar is reluctant to do so without reasons.
Land & Property — Registration of Title — Vesting Order — Power under Section 151
Where transfer forms have been signed and submitted to the Registrar but are lost through the negligence of the Registrar's officers, the court may direct the Registrar to vest the land in the transferee's name pursuant to section 151 of the Registration of Titles Act to avoid requiring the transferee to trace the proprietor for fresh transfer forms.
Administrative Law — Commissioner Land Registration — Loss of Documents — Consequences
Where documents submitted to the Commissioner Land Registration are lost through the negligence of her officers, and this is not denied by the Respondent after service, the court may grant relief including issuance of a special certificate and vesting order to prevent prejudice to the applicant.

Legislation cited (12)

Full judgment

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

Bitekerezo v Commissioner Land Registration (HCT-01-CV-MC 26 of 2024) [2024] UGHC 1123 (11 December 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.