Global Businesslines Limited v Akright Projects Limited & The Registrar of Titles (Miscellaneous Application 524 of 2021)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court granted consequential orders under Section 177 of the Registration of Titles Act directing the Commissioner for Land Registration to cancel the 1st respondent's name from the certificate of title and register the applicant as proprietor. The applicant satisfied the requirements by proving recovery of land through prior court judgment in Civil Suit No. 422 of 2011, which ordered the 1st respondent to hand over the duplicate certificate and duly executed transfer forms but compliance was refused.

Outcome

Consequential orders granted directing registration of applicant as proprietor and cancellation of 1st respondent's title

Facts

By agreement dated 24 October 2008, the applicant purchased land comprised in Busiro Block 383 Plot 1618 from the 1st respondent for UGX 25,000,000, which sum was fully paid. The agreement required the 1st respondent to execute a transfer and hand over the duplicate certificate of title. The 1st respondent breached by failing to deliver the certificate. The applicant instituted Civil Suit No. 422 of 2011 and obtained judgment on 30 November 2015 ordering the 1st respondent to hand over the duplicate certificate of title and duly signed transfer forms. Despite demand, the 1st respondent refused or neglected to comply with the judgment, prompting this application for consequential orders.

Issues

1. Whether there are any grounds for this honourable court to grant the consequential orders prayed for by the applicant?

Orders

• The Commissioner Land Registration to recall the duplicate certificate of title from the 1st respondent.
• The Commissioner Land Registration to have the names of the 1st respondent cancelled as the registered proprietor to the suit land and reinstate the applicant as the registered proprietor to the suit land.
• In the alternative, the Commissioner Land Registration cancels the 1st respondent's certificate of title and have the same substituted with a certificate of title in the names of the applicant as the registered proprietor to the suit land.
• The Applicant to meet the costs of this application.

Rules and key headnotes

Legislation cited (7)

• Civil Procedure Act s.98
• Judicature Act s.33
• Registration of Titles Act s.70
• Registration of Titles Act s.71
• Registration of Titles Act s.177
• Civil Procedure Rules O.52 r.1
• Civil Procedure Rules O.52 r.2

Cases cited (2)

• Samwiri Massa v Rose Achen (1978) HCB 297
• Re Ivan Mutaka (1981) HCB 28

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Nansubuga Aida and Another v Sebuliba (Miscellaneous Application No. 836 of 2021)

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