Wakilii

Dorothy Kasirye and Others v Registrar of Titles [2026] UGHCLD 33

High Court · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by notice of motion for a vesting order under section 151 of the Registration of Titles Act
Decision
Application for a vesting order dismissed; land remains registered in the name of the registered proprietor

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held the application was properly before it because the applicants had first sought registration from the Registrar of Titles, who declined to effect the transfer without the registered proprietor's physical attendance. However, the applicants failed to satisfy the conditions for a vesting order under section 151 of the Registration of Titles Act: possession cannot be proved merely by holding photocopies of a certificate of title and transfer forms, and no record of any effort to trace the vendor was placed before the court. The registered proprietor or his personal representative had also not been joined. The unexplained delay since 2016 told against the applicants. Application dismissed with no order as to costs.

Outcome

Application for a vesting order dismissed; land remains registered in the name of the registered proprietor

Facts

The applicants, children of the late Constance Nakku, claimed their mother occupied a portion of land at Kibuga Block 5 Plot 885, Mulago. After her death in April 1992 they approached the registered proprietor, Paulo Lwanga, and on 11 July 1992 agreed to buy the portion they occupied for UGX 200,000, which they paid in full. The land was subdivided and the portion became Plot 1012. Lwanga handed over the duplicate certificate of title, executed transfers in their favour and signed a request to the Commissioner Land Registration to vest the land in their names. The applicants retained the duplicate certificate of title from 1992. When they presented the transfer for registration, by letter dated 4 July 2016 the Registrar of Titles required the physical attendance of Paulo Lwanga. The applicants said their efforts to trace him at Wabulongo, Nagoye in Mukono District were unsuccessful and believed he was dead or untraceable. They filed no photographs or other evidence of their occupation and use of the land, and no record of their search efforts. The registered proprietor and any personal representative were not joined. The respondent Registrar filed no affidavit in reply.

Issues

  1. Whether the application for a vesting order was properly before the court, the applicants having first applied to the Registrar of Titles.
  2. Whether the applicants had shown sufficient grounds for the grant of a vesting order under section 151 of the Registration of Titles Act.

Orders

  • The court declined to grant a vesting order.
  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Registration of Titles — Vesting Orders — Prior Application to the Registrar as a Precondition
Before invoking the inherent jurisdiction of the High Court under section 98 of the Civil Procedure Act for a vesting order, an applicant must first have applied to the Commissioner Land Registration or Registrar of Titles and that officer must have declined to exercise the powers conferred by section 151 of the Registration of Titles Act.
Registration of Titles — Vesting Orders — Conditions for Grant under Section 151
A vesting order under section 151 of the Registration of Titles Act may issue only where the land is registered under the Act and the full purchase price has been paid, the purchaser or those claiming under him have taken possession, that entry has been acquiesced in by the vendor or his representative, and no transfer has been executed because the vendor is dead, outside the jurisdiction or cannot be found.
Land & Property — Vesting Orders — Proof of Possession — Insufficiency of Documentary Assertion
Possession of purchased land for the purposes of a vesting order is not proved by mere averment or by the applicant's custody of photocopies of a certificate of title and transfer forms; some evidence of actual occupation and utilisation of the land must be placed before the court.
Land & Property — Vesting Orders — Proof that the Vendor Cannot be Traced
An applicant who alleges that the registered proprietor is dead or cannot be found must place before the court records of the specific efforts made to trace him; a bare belief that the vendor is untraceable is insufficient to satisfy section 151 of the Registration of Titles Act.
Registrar of Titles — Quasi-Judicial Functions — Effect of the Registrar's Decision
The Registrar of Titles exercises quasi-judicial functions, being required to investigate and ascertain facts, weigh evidence and exercise a discretion of a judicial nature, and a decision requiring the physical attendance of the registered proprietor before a transfer is effected binds the applicants unless properly impeached.
Parties — Non-Joinder of the Registered Proprietor or His Personal Representative in Vesting Order Applications
It would be unjust to make a vesting order divesting a registered proprietor of title where the applicants have chosen not to join the registered proprietor or, if he is deceased, his personal representative, as a party to the application.
Delay — Unexplained Laxity in Prosecuting a Vesting Order Application
Unexplained delay in bringing an application to court after the Registrar of Titles has declined to register a transfer is a factor that weighs against the applicant in the exercise of the court's discretion.

Legislation cited (6)

Cases cited (3)

  • Edward Babixumira v Commissioner for Land Registration (Miscellaneous Cause No. 76 of 2012)
  • Ronald Pine v Commissioner Land Registration (Miscellaneous Cause No. 90 of 2013)
  • Maria Goretti Musimenta v Commissioner for Land Registration (Miscellaneous Cause No. 62 of 2019)

Full judgment

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

Dorothy Kasirye and Others v Registrar of Titles [2026] UGHCLD 33 (29 January 2026)
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.