Hard Rock Quarry (U) Limited v Commissioner Land Registration and Others (Civil Appeal No. 115 of 2015)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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 held that the Commissioner Land Registration lacked jurisdiction to cancel a certificate of title where the complaint alleged fraud, as such matters must be determined by courts. A limited liability company cannot own land under customary tenure. The Commissioner breached natural justice by denying the appellant adequate notice, access to complaint documents, and formal communication of the decision. The cancellation order was set aside and the appellant reinstated as registered proprietor.

Outcome

Appellant reinstated as registered proprietor of the suit land

Facts

Hard Rock Quarry (U) Ltd obtained a five-year lease from Jinja District Land Board for Plots 68-72 Industrial Estate Road, Jinja, and was issued a certificate of title on 13 October 2014. Steel Rolling Mills Ltd complained to the Land Board that it held a prior customary interest in the land purchased from one Kisinde Jamada, and that the appellant's title was issued fraudulently. The Land Board recommended cancellation to the Commissioner Land Registration, citing anomalies including underpayment of premium and changes to plot numbers. The Commissioner held two meetings with the parties in early 2015. The appellant requested copies of the complaint documents but was refused. On 16 September 2015, without further notice to the appellant, the Commissioner cancelled the appellant's title under section 91 of the Land Act on grounds it was wrongly issued. The appellant learned of the cancellation from documents filed in separate litigation and never received formal communication of the decision.

Issues

1. Whether the Commissioner Land Registration erred in cancelling the appellant's title on the basis that the land was customarily owned
2. Whether the Commissioner Land Registration had jurisdiction to cancel the title where the complaint alleged fraud
3. Whether the appellant was accorded a fair hearing before the cancellation of its title
4. Whether the Commissioner Land Registration properly communicated her decision to the appellant in accordance with the law

Orders

• The decisions of the Commissioner Land Registration dated 16 September 2015 and 1 October 2015 are set aside.
• The Commissioner Land Registration is ordered to reinstate the applicant as the registered proprietor of land comprised in LRV JJ/0346 volume JJA74 Folio 7 Plot 68-72 Jinja Municipality, Block Industrial Estate.
• The applicant is awarded costs of the appeal.

Rules and key headnotes

Legislation cited (16)

• Land Act s.91
• Land Act s.91(2)(a)
• Land Act s.91(8)(a)
• Land Act s.91(8)(b)
• Land Act s.91(8)(c)
• Land Act s.91(9)
• Land Act s.59(1)(a)
• Land Act s.59(1)(b)
• Land Act s.59(1)(c)
• Constitution of Uganda Article 241(1)(a)
• Constitution of Uganda Article 28
• Land Reform Decree 1975 s.1(1)
• Land Reform Decree 1975 s.5(1)
• Public Land Act 1969
• Land Reform Regulations 1976 Regulation 1(1)
• Companies Act

Cases cited (10)

• Ernest K. Kimani v Muiru Gikanga and Another (1965) EA 735
• Kampala District Land Board and Another v Venansio Babweyaka and Others (Supreme Court Civil Appeal No. 2 of 2007)
• Fredrick L.K Zabwe v Orient Bank and 5 Others (Supreme Court Civil Appeal No. 4 of 2006)
• Jumbe Kiwe v Mukuye Isaac and Others (High Court Civil Suit No. 63 of 2014)
• Gwokyaye and Another v Commissioner Land Registration and Another (High Court Miscellaneous Cause No. 051 of 2013)
• Council of Civil Service Union v Minister for the Civil Service (1985) AC 374
• Pastoli Twinomuhanji Vs Kabale Distict Local Government
• Bin-It Services and Others v Sabagabo Makinye Sub County (High Court Miscellaneous Cause No. 6 of 2014)
• Matovu and Others v Seviri and Another (1979) HCB 174
• Pascal Gakyaro v Civil Aviation Authority (Court of Appeal Civil Appeal No. 60 of 2006)

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