Wakilii

Farrar v Adamji (No Case No)

East African Court of Appeal · [1934] EACA 17 · 1934 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Resident Magistrate's decision dismissing claim for release of property from attachment
Decision
Appeal dismissed; attachment on the house upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that sections 20 and 21 of the Land Titles Ordinance must be construed, for certificates issued after 21 January 1920, subject to section 41 of the Registration of Titles Ordinance. A person holding land under a lease for a term not exceeding twelve months, or any lesser interest, does not have an interest requiring a memorandum on the Certificate of Ownership. Therefore, such a certificate is not conclusive proof that the registered owner owns buildings erected by another person holding under such a lease or licence.

Outcome

Appeal dismissed; attachment on the house upheld

Facts

The respondent obtained a judgment against Albert Farrar and attached a wattle and daub hut (house No. L 181) occupied by Albert. The hut stood on land registered in the name of the appellant, Henry William Farrar, on 21 November 1923. The appellant instituted proceedings by originating summons claiming release of the house from attachment. The hut had been rebuilt in 1927 or 1928 to replace a ruinous structure. The Resident Magistrate, after hearing evidence from workmen and considering the house's registration in the Tax Register in Albert's name, its exclusive occupation by Albert without payment of rent, and the comparative financial positions of the two brothers, found that the appellant had failed to establish ownership of the building. The magistrate dismissed the claim.

Issues

  1. Whether the certificate of title was conclusive proof of the appellant's ownership of buildings standing on the registered land.
  2. Whether sections 20 and 21 of the Land Titles Ordinance must be construed subject to section 41 of the Registration of Titles Ordinance.
  3. Whether a person holding under a lease for a term not exceeding twelve months requires a memorandum on the Certificate of Ownership.

Orders

  • Appeal dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Land & Property — Registration of Title — Certificate of Ownership — Buildings Erected by Third Parties
Where buildings have been erected by a person other than the landowner upon land comprised in a Certificate of Ownership issued after 21 January 1920, by virtue of a licence or letting of the site valid without registration under section 41 of the Registration of Titles Ordinance, such Certificate is not conclusive proof that the registered owner owns such buildings, even though it contains no memorandum to the contrary effect.
Statutory Interpretation — Construction of Related Ordinances — Land Titles and Registration of Titles
Sections 20 and 21 of the Land Titles Ordinance must be construed, in respect of certificates of title issued after 21 January 1920, subject to the provisions of section 41 of the Registration of Titles Ordinance.
Land & Property — Registration of Title — Interests Not Requiring Memorandum
A person holding a portion of land comprised in a certificate of title under a lease for a term not exceeding twelve months, or for any lesser interest, does not have such an interest as requires a memorandum thereof to be noted on the Certificate of Ownership under section 21 of the Land Titles Ordinance.

Legislation cited (12)

  • Land Titles Ordinance s.3
  • Land Titles Ordinance s.15
  • Land Titles Ordinance s.17
  • Land Titles Ordinance s.20
  • Land Titles Ordinance s.21
  • Land Titles Ordinance s.27(2)
  • Land Titles Ordinance s.28
  • Land Titles Ordinance s.34
  • Land Titles Ordinance s.38
  • Registration of Titles Ordinance s.3
  • Registration of Titles Ordinance s.20
  • Registration of Titles Ordinance s.41

Cases cited (2)

  • Gulamhusein Abdulla v Talu Binti Rubia (7 E.A.L.R. 73)
  • Secretary of State v Charlesworth (1 E.A.L.R. 24)

Full judgment

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

Farrar v Adamji (No Case No) [1934] EACA 17 (1 January 1934)
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.