Wakilii

Bulega v Commissioner Land Registration (Miscellaneous Cause 35 of 2022)

High Court · [2023] UGHCLD 292 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the High Court Land Division for orders to remove a lease from the incumbrance page and note the applicant's re-entry on the register
Decision
Application dismissed with direction that the Registrar of Titles formally decide the re-entry application after resolving the third-party mortgage interest

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court dismissed the application for re-entry to be noted on the land register. The court held that while the applicant had physically re-entered the leased premises following non-payment of rent, the Registrar of Titles was correct to refuse noting the re-entry because a third-party mortgage held by Equity Bank Limited remained registered on the title. The court ruled that the interested parties—the lessee Eruma Roses Limited and the mortgagee Equity Bank Limited—should have been joined to the application to enable conclusive determination of the matter in accordance with the right to fair hearing under Article 28 of the Constitution.

Outcome

Application dismissed with direction that the Registrar of Titles formally decide the re-entry application after resolving the third-party mortgage interest

Facts

The applicant was the registered proprietor of mailo land at Kyaggwe Block 133 Plot 94. On 1 June 2004, he granted a 25-year lease to N.L. Shyam Sundar, which was subsequently transferred to Eruma Roses Limited. The lessee defaulted on ground rent payments from 2011. The applicant gave six months' notice of termination on 16 November 2012. The lessee protested and requested more time but abandoned the premises. The applicant demanded rent arrears on 12 November 2014 but received no response. He physically re-entered the property and applied to the Commissioner Land Registration on 24 January 2014 to note the re-entry on the register. The Registrar discovered that Equity Bank Limited held a registered mortgage over the leasehold interest, registered on 30 March 2011 under Instrument No. MK 071628. The Registrar refused to note the re-entry until the mortgage issue was resolved. The applicant then brought this application seeking court orders to compel the Registrar to remove the lease from the incumbrance page and note his re-entry.

Issues

  1. Whether the lease comprised in LRV 3341 Folio 6 under Instrument No.071687 granted to N.L Shyam Sundar and subsequently passed on to Eruma Roses Limited should be removed from the incumbrance page on the mailo register Kyaggwe Block 133 Plot 94 land at Nabigayi by the Respondent.
  2. Whether the re-entry of the Applicant should be noted on the incumbrance page.

Orders

  • Application dismissed.
  • Costs awarded to the Respondent.
  • Court directed that a decision on the application should be formally reached by the Respondent.

Rules and key headnotes

Land Registration — Re-entry by Lessor — Registrar's Duty to Maintain Clean Register
Under sections 103, 106, and 114 of the Registration of Titles Act, the Registrar of Titles has power to note a re-entry on the register book only upon being satisfied that the lessor has re-entered in strict conformity with the provisions for re-entry contained in the lease or under the statutory power, and that the lessor has occupied the premises undisturbed by the lessee. The Registrar is duty bound to maintain a clean register and cannot cancel a leasehold interest and note a re-entry where a third-party mortgage interest remains registered on the title until that incumbrance is resolved.
Parties — Joinder of Necessary Parties — Right to Fair Hearing
Where an application seeks orders that would affect the interests of third parties who hold registered interests in the subject property, those parties must be joined to the application to enable the court to conclusively determine the matter. Failure to join necessary parties violates the right to fair hearing under Article 28 of the Constitution and renders any decision made without hearing the concerned parties a nullity.
Leases — Forfeiture and Re-entry — Effect of Re-entry Between Lessor and Lessee
As between lessor and lessee, a lease is determined by the lessor's lawful re-entry for breach of covenant, notwithstanding that the Registrar of Titles has declined to note the re-entry in the register book. However, it remains the duty of the court to determine whether the re-entry was lawful and, if so, to issue proper orders to give effect to the re-entry such as rectification of the register.
Leases — Relief Against Forfeiture — Principles
The law leans against forfeiture of leases. A proviso for re-entry on non-payment of rent is regarded in equity as merely security for rent. Provided the lessor can be put in the same position as before, the lessee is entitled to be relieved against forfeiture. A landlord suing for forfeiture is put on strict proof of his case.

Legislation cited (6)

Cases cited (5)

  • Francis Butagira v Deborah Namukasa (Supreme Court KaLR 767 of 1992)
  • Gill vs. Lewis (1956) 1 All ER 844
  • Public Trustee vs. Westbrook & Another (1965) 3 All ER 398
  • Lugogo Coffee Co. Ltd. -vs- Singo Combined Growers Ltd. (1976) H.C.B.92
  • The Executrix of the Estate of the Late Christine Mary N. Tebajjukira (supra)

Full judgment

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

Bulega_v_Commissioner_Land_Registration_(Miscellaneous_Cause_35_of_2022)_[2023]_UGHCLD_292_(19_January_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.