Wakilii

Dorothy Kasirye and Others v Registrar of Titles (Miscellaneous Cause No. 0048 of 2025)

High Court · [2026] UGHCLD 33 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for vesting order under Section 151 Registration of Titles Act
Decision
Application for vesting order dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for vesting order dismissed. Court held that applicants failed to prove actual possession of the land and failed to demonstrate adequate efforts to trace the registered proprietor. Applicants did not satisfy the statutory conditions under Section 151 Registration of Titles Act requiring proof of possession, vendor acquiescence, and inability to locate vendor. Court noted that registered proprietor should have been joined as party and that nine-year delay in bringing application raised concerns.

Outcome

Application for vesting order dismissed

Facts

Applicants claimed they purchased land comprised in Kibuga Block 5 Plot 1012 from Paulo Lwanga in 1992 for UGX 200,000. Their mother Constance Nakku had occupied the land until her death in April 1992. After her death, the applicants entered into an agreement with Lwanga on 11 July 1992. Lwanga executed transfers in their favour and handed over the duplicate certificate of title. When applicants sought registration in 2016, the Registrar of Titles required Lwanga's physical attendance. Applicants claimed they could not trace Lwanga and believed he was dead or untraceable. They brought this application in 2025 seeking a vesting order to transfer the land into their names.

Issues

  1. Whether the applicants have shown sufficient grounds for the grant of a vesting order under Section 151 of the Registration of Titles Act.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Vesting Orders — Procedural Requirement to First Apply to Registrar
Before invoking the inherent jurisdiction of the High Court under Section 98 Civil Procedure Act in vesting order applications, an applicant must first apply to the Commissioner Land Registration/Registrar who must have declined to exercise powers under Section 151 Registration of Titles Act.
Vesting Orders — Statutory Conditions Under Section 151 Registration of Titles Act
For a vesting order to issue under Section 151 Registration of Titles Act, four conditions must be satisfied: (1) the land must be registered under the Act and full purchase price paid; (2) the purchaser or those claiming under them must have taken possession; (3) entry and possession must have been acquiesced in by the vendor or representative; and (4) transfer has not been executed because vendor is dead, residing outside jurisdiction, or cannot be found.
Vesting Orders — Proof of Possession
Possession of land cannot be proved by mere possession of photocopies of certificate of title and transfer forms. Applicants must provide evidence such as photographs showing how they have been utilizing the land.
Vesting Orders — Proof of Inability to Trace Vendor
Where applicants claim they have made efforts to trace a vendor to no avail, they must provide records of such attempts to the court. Mere assertion that the vendor cannot be traced without supporting evidence is insufficient.
Quasi-Judicial Functions of Registrar of Titles
The Registrar of Titles performs quasi-judicial functions with powers resembling those of a court. Where the Registrar has made a determination requiring the physical attendance of a registered proprietor before effecting a transfer, such decision binds the parties and the High Court should not make a vesting order without the registered proprietor being joined as a party.

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_(Miscellaneous_Cause_No._0048_of_2025)_[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.