Wakilii

Ggamba v Commissioner Land Registration (MISCELI-ANEOUS CAUSE NO. 21 OF 2023)

High Court · [2023] UGHC 503 · 2023 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 following rejection by Registrar of Titles
Decision
Land vested in applicant's name upon payment of necessary fees

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the applicant satisfied all conditions under Section 167 of the Registration of Titles Act for grant of a vesting order: the land was registered under the Act, the purchase price was paid in full, the purchaser took possession in 1968 and remained in undisputed occupation for over 50 years, and the vendor company could not be found despite due diligence. Application granted; land vested in applicant's name upon payment of necessary fees. No costs awarded against respondent as custodian of the register with no personal interest.

Outcome

Land vested in applicant's name upon payment of necessary fees

Facts

The applicant purchased land comprised in Mawokota Block 151 Plot 11 from Mawokota Farmers Limited in 1968 under a land sale agreement dated 21 June 1968. He paid the full purchase price and took immediate possession. He remained in actual, undisputed occupation and use of the land for over 50 years, cultivating eucalyptus trees and cassava. The vendor company could not be found to execute transfer documents. Searches at the Uganda Registration Service Bureau confirmed the company had no directors, secretary, or address. The applicant applied to the Registrar of Titles for a vesting order on 8 May 2023, which was rejected on 29 May 2023 with a recommendation to apply to the High Court. The area Local Council confirmed the applicant as resident and proprietor. The court visited locus and observed the applicant in actual occupation.

Issues

  1. Whether the land comprised in Mawokota Block 151 Plot 11 Land at Bubuule can be vested into the Applicant.
  2. What are the remedies available?

Orders

  • The Respondent vests land comprised in Mawokota Block 151 Plot 11 Land at Bubuule into the Applicant's names.
  • The Applicant meets all the necessary fees for vesting the Land into his names.

Rules and key headnotes

Vesting Orders — Procedure — Application to Registrar of Titles as Condition Precedent
An application for a vesting order under Section 167 of the Registration of Titles Act must first be made to the Registrar of Titles. Only where the Registrar refuses or fails to grant the order may the applicant approach the High Court.
Vesting Orders — Conditions for Grant under Section 167 Registration of Titles Act
A vesting order may be granted where: (i) the land is registered under the Registration of Titles Act and the purchaser paid the whole purchase price; (ii) the purchaser or those claiming under him have taken possession of the land; (iii) entry into possession has been acquiesced in by the vendor or his representatives; and (iv) transfer has not been executed because the vendor is dead, residing out of jurisdiction, or cannot be found.
Vesting Orders — Evidence of Possession and Inability to Locate Vendor
Possession may be proved by Local Council letters confirming long-term occupation, court inspection at locus, and evidence of cultivation. Inability to locate the vendor may be established by searches at the Uganda Registration Service Bureau showing the company has no directors, secretary, or address.
Costs — Registrar of Titles as Custodian of Register
Where the Registrar of Titles is sued solely as custodian of the register to effect court orders and has no personal interest in the land, the Registrar should not be condemned to pay costs.

Legislation cited (7)

Cases cited (2)

  • Aida Najjembe v Ester Mpagi [Appeal]
  • Mutyaba Tom v James Kayimbye Sebinene M and Another (Miscellaneous Application No. 40 of 2018)

Full judgment

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

Ggamba v Commissioner Land Registration (MISCELI-ANEOUS CAUSE NO. 21 OF 2023) [2023] UGHC 503 (1 January 2023)
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.