Wakilii

Gatare v Parkash Kaur and Others (Civil Suit 106 of 1995)

High Court · [1998] UGHCLD 3 · 1998 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objection to Registrar of Titles' jurisdiction raised by plaintiff before commencement of hearing of civil suit for declarations of title
Decision
Preliminary objection dismissed; matter remanded for hearing on the merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Registrar of Titles has power under s.178(a) of the Registration of Titles Act to correct errors in the register and cancel a certificate of title where the registered proprietor has voluntarily surrendered the title in response to a requisition under s.69. A court order is required only where the holder refuses or neglects to surrender the certificate. The Registrar acted lawfully in cancelling the plaintiff's registration after the plaintiff voluntarily surrendered his title following notice of irregularities.

Outcome

Preliminary objection dismissed; matter remanded for hearing on the merits

Facts

The plaintiff purchased Plot No. 5 Banigo Road, Kabale District from L.S. Kogo who purported to act under a power of attorney from the first defendant dated 1 December 1987. The sale took place on 6 October 1989 and the property was registered in the plaintiff's name on 6 March 1990. The Registrar of Titles subsequently wrote to the plaintiff on 19 January 1994 enumerating irregularities in the transaction and gave 21 days' notice to show cause why the register should not be amended and the first defendant's name reinstated. The plaintiff's lawyers responded stating he was a victim of circumstances and requesting time to rectify errors. On 24 April 1994 the Registrar declined to re-register the transfer, finding that Kogo had signed as attorney for the first defendant without a lawful power of attorney as required by s.154 of the Registration of Titles Act. The Registrar impounded the certificate of title and cancelled the plaintiff's registration. The plaintiff brought suit seeking declarations that he is the lawful owner and seeking reinstatement. Before the hearing commenced, plaintiff's counsel raised a preliminary objection that the Registrar had no jurisdiction to cancel the certificate without a court order.

Issues

  1. Whether the Registrar of Titles has jurisdiction to cancel a certificate of title under Registration of Titles Act s.178(a) without obtaining a court order.
  2. Whether the Registrar acted within his powers in cancelling the plaintiff's registration and reinstating the first defendant.

Orders

  • Preliminary objection overruled.
  • Hearing of the suit to proceed.

Rules and key headnotes

Registration of Titles — Registrar's Power to Require Surrender of Certificate — Section 69 of Registration of Titles Act
Where the Registrar of Titles is satisfied that a certificate of title has been issued in error or obtained fraudulently or wrongfully, he may by writing require the holder to surrender it for cancellation or correction under s.69 of the Registration of Titles Act, and a court order is necessary only if the holder refuses or neglects to comply with the requisition.
Registration of Titles — Registrar's Power to Correct Errors — Section 178(a) of Registration of Titles Act
The Registrar of Titles has power under s.178(a) of the Registration of Titles Act to correct errors in the register, and where a registered proprietor voluntarily surrenders a certificate of title in response to a requisition under s.69, the Registrar may cancel that registration without obtaining a court order if satisfied that errors were committed in the registration process.
Registration of Titles — Power of Attorney — Requirements under Section 154 of Registration of Titles Act
A transfer of land executed by a person purporting to act under a power of attorney that does not satisfy the requirements of s.154 of the Registration of Titles Act constitutes an error in registration that the Registrar may correct under his statutory powers.

Legislation cited (5)

Cases cited (3)

  • Fred Sentale v Chief Registrar of Titles (Miscellaneous Application No. 21 of 1995)
  • Sudaplast Industries Ltd v Chief Registrar of Titles (Miscellaneous Application No. 93 of 1995)
  • British India General Insurance Co. Ltd v. The Commissioner for Land Registrar. Misc. App. No. 655/9

Full judgment

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

Gatare v Parkash Kaur and Others (Civil Suit 106 of 1995) [1998] UGHCLD 3 (3 February 1998)
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.