Wakilii

Byakutaaga Asiimwe v Commissioner Land Registration (Civil Suit 51 of 2024)

High Court · [2024] UGHC 1142 · 2024 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaration and orders following cancellation of certificate of title without hearing
Decision
Certificate of title ordered reinstated and defendant directed to return or reissue the certificate. Plaintiff awarded damages and costs.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the Commissioner for Land Registration violated Article 44(c) of the 1995 Constitution and section 91(2)(d) and (2a) of the Land Act by cancelling the plaintiff's certificate of title without notice or hearing. The cancellation was declared illegal. The court ordered reinstatement of the certificate of title and return of the duplicate certificate or issuance of a special certificate. General damages of UGX 20,000,000 were awarded for the inconvenience and psychological torture suffered by the plaintiff since 2017.

Outcome

Certificate of title ordered reinstated and defendant directed to return or reissue the certificate. Plaintiff awarded damages and costs.

Facts

The plaintiff was the registered proprietor of approximately 251 hectares of land at Kiina-Buhuka, Hoima District, which he lawfully acquired in December 2002 and later obtained a freehold title on 18 March 2007. In 2017, upon conducting an official search at the Lands office in Masindi, the plaintiff discovered that his certificate of title had been cancelled by the defendant on the grounds that it had been illegally procured. The plaintiff was never notified of the intended cancellation and was not afforded a hearing before the cancellation. When he approached the defendant's office, he was informed he would be compensated for the loss of his land but no compensation was paid. The plaintiff has been unable to freely transact in his land since 2017.

Issues

  1. Whether the defendant's cancellation of the plaintiff's certificate of title without according him a hearing was illegal and unlawful.
  2. Whether the plaintiff is entitled to an order for reinstatement of his certificate of title.
  3. Whether the plaintiff is entitled to general damages for the inconvenience and psychological torture suffered as a result of the defendant's actions.

Orders

  • Declared that the action of the Defendant of cancelling the Plaintiff's Certificate of Title comprised in FRV 632 Folio 23, Buhaguzi Block 3, Plot 35, land at Kiina-Buhuka, Hoima District without advancing any reason and affording him a hearing was illegal.
  • Defendant ordered to reinstate and/or restore the Plaintiff's Certificate of Title.
  • Defendant ordered to return to the Plaintiff the duplicate Certificate of Title for the suit land or in the alternative, process and deliver to the plaintiff a Special Certificate of Title of the same description.
  • Plaintiff awarded general damages of UGX 20,000,000 with interest at a rate of 18% per annum till payment in full.
  • Costs of this suit awarded to the plaintiff.

Rules and key headnotes

Land Registration — Cancellation of Certificate of Title — Procedural Requirements
The Commissioner for Land Registration must give not less than 21 days' notice in the prescribed form to any party likely to be affected before taking action to cancel a certificate of title, and must conduct a hearing giving the interested party an opportunity to be heard in accordance with the rules of natural justice.
Fair Hearing — Right to a Fair Hearing — Cancellation of Property Rights
Cancellation of a certificate of title without notice to the registered proprietor and without affording that proprietor an opportunity to be heard violates Article 44(c) of the Constitution of Uganda 1995, which guarantees the right to a fair hearing.
Natural Justice — Audi Alteram Partem — Statutory Powers
A statutory authority exercising powers conferred by law must comply with the rules of natural justice. Failure to notify an affected party and accord that party a hearing before taking action amounts to an abuse of statutory power and renders the action illegal.
Remedies — Reinstatement of Title — Cancellation Without Hearing
Where a certificate of title has been cancelled illegally and without affording the registered proprietor a hearing, the court will order the Commissioner for Land Registration to reinstate or restore the certificate of title and return the duplicate certificate or issue a special certificate of title.
General Damages — Inconvenience and Psychological Torture — Illegal Deprivation of Land Rights
General damages may be awarded for inconvenience, psychological torture, anxiety, and mental anguish suffered by a landowner as a result of the illegal cancellation of a certificate of title and the consequent inability to transact in or use the land.

Legislation cited (8)

Cases cited (5)

  • Lugazi Progressive School & Anor v Serunjogi & Ors [2001-2005] 2 HCB 12
  • Karugi & Anor v Kabiya & 3 Ors [1983] eKLR
  • Robert Cuossens v Attorney General [1999] 1 EA 46
  • James Fredrick Nsubuga v Attorney General (High Court Civil Suit No. 13 of 1993)
  • Livingstone v Rawyards Coal Co [1880] 5 AC 25

Full judgment

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

Byakutaaga Asiimwe v Commissioner Land Registration (Civil Suit 51 of 2024) [2024] UGHC 1142 (25 October 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.