Wakilii

Ddungu Charles v Commissioner Land Registration (Miscellaneous Cause No. 17 of 2020)

High Court · [2021] UGHC 29 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for vesting order under Section 167 of the Registration of Titles Act after the Commissioner declined to exercise administrative powers
Decision
Vesting order granted; land to be registered in applicant's name upon payment of requisite fees

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a vesting order under Section 167 of the Registration of Titles Act where the applicant proved he purchased land, paid the full purchase price, took possession, but could not obtain a transfer because the vendor died. The court held that where the Commissioner for Land Registration declines to exercise administrative powers under Section 167, an applicant may invoke the court's inherent jurisdiction under Section 98 of the Civil Procedure Act to obtain a vesting order.

Outcome

Vesting order granted; land to be registered in applicant's name upon payment of requisite fees

Facts

The applicant purchased land comprised in Mawokota Block 248 Plot 7 at Kasinde, Mpigi District from Mugerwa Sulaiman Mubarak on 5 June 2015, who had previously purchased it from the registered proprietor Andrea Kapere. The applicant paid the full purchase price and took possession. The certificate of title was lost from a bank. Andrea Kapere died before executing a transfer, as evidenced by a death certificate. The applicant applied to the Commissioner for Land Registration for a vesting order but the Commissioner declined. The applicant then brought this application to the High Court under Section 167 of the Registration of Titles Act and Section 98 of the Civil Procedure Act. The respondent was served but did not file a reply.

Issues

  1. Whether the applicant satisfied the statutory conditions under Section 167 of the Registration of Titles Act for the court to issue a vesting order.
  2. Whether the applicant properly invoked the court's inherent jurisdiction under Section 98 of the Civil Procedure Act after the Commissioner declined to exercise administrative powers.

Orders

  • The respondent to vest land comprised in private Mailo Block 246 Plot 7 situated at Kasinde, Mpigi District in the applicant's names.
  • The applicant to meet all fees necessary for vesting the suit land into his names.
  • The applicant to meet costs of the application.

Rules and key headnotes

Land Registration — Vesting Orders — Statutory Conditions under Section 167 Registration of Titles Act
Under Section 167 of the Registration of Titles Act, a vesting order may be granted where: (1) the land is registered under the Act and the purchaser paid the full purchase price; (2) the purchaser or those claiming under him have taken possession; (3) entry has been acquiesced in by the vendor or representatives; and (4) a transfer has not been executed because the vendor is dead, residing outside the jurisdiction, or cannot be found.
Judicial Review — Inherent Jurisdiction — Conditions Precedent for Invoking Section 98 Civil Procedure Act
Before an applicant may invoke the court's inherent jurisdiction under Section 98 of the Civil Procedure Act to obtain a vesting order, the applicant must first have applied to the Commissioner for Land Registration who must have declined to exercise powers under Section 167 of the Registration of Titles Act.
Land Registration — Vesting Orders — Death of Vendor Before Execution of Transfer
Where a vendor dies after receiving full payment but before executing a transfer, and the purchaser has taken possession with the vendor's acquiescence, the death of the vendor constitutes sufficient grounds under Section 167 of the Registration of Titles Act for the court to issue a vesting order in favour of the purchaser.

Legislation cited (4)

Cases cited (1)

  • Aida Najjemba v Ester Mpagi (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.

Ddungu Charles v Commissioner Land Registration (Miscellaneous Cause No. 17 of 2020) [2021] UGHC 29 (10 March 2021)
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.