In the Matter of An Application for an Order seeking the Commissioner Land Registration to issue another special certificate of title by Anthony Luzzi (Miscellaneous Cause No. 0018 of 2023)

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

Held that where a duplicate certificate of title is unavailable because the registered proprietor is deceased and the judgment debtor concealed its existence during a judicial sale, the court may exercise discretion under Civil Procedure Act s.48(4) to order the Commissioner of Land Registration to issue a special certificate of title. However, a vesting order cannot be granted where the applicant has not first complied with the procedure under Registration of Titles Act s.167 by making an application to the Commissioner.

Outcome

Special certificate of title ordered; vesting order refused due to procedural non-compliance

Facts

The applicant Anthony Uzzi purchased land (Plot 24 LRV1841 Folio 24 Bujenje Block 16) from Zogere Samuel, who had acquired it through a public auction following a judicial sale in execution of a decree against Gabriel Nkuzalwo in Civil Suit No. 0025 of 2005. The judgment debtor Nkuzalwo had failed to disclose the existence of a certificate of title at the time of the judicial sale. When the applicant later tried to acquire title, he discovered through a search report dated 19 January 2023 that the property was registered under the names of the late Nkuzalwo Gabriel with prior encumbrances (now released). The registered proprietor is deceased and the duplicate certificate cannot be obtained. The applicant sought a special certificate of title and a vesting order.

Issues

1. Whether the Commissioner of Lands Registration can be compelled to issue another special certificate of title for LRV1841 Plot 24 Folio 24 Bujenje Block 16 at Bujenje Masindi.
2. Whether a vesting order can be granted in favour of the applicant.

Orders

• An order compelling the Commissioner of Land Registration to issue a special certificate of title for Plot 24 LRV1841 Folio 24 Bujenje Block 16 at Bujenje Masindi is hereby issued.
• A vesting order cannot be granted by this court in favour of the applicant as the proper procedure required under section 167 of the Registration of Titles Act has never been followed.
• No orders as to costs.

Rules and key headnotes

Legislation cited (10)

• Judicature Act s.33
• Civil Procedure Act s.48(4)
• Civil Procedure Act s.49
• Civil Procedure Act s.98
• Civil Procedure Rules Order 52 Rules 1 & 2
• Registration of Titles Act s.71
• Registration of Titles Act s.70
• Registration of Titles Act s.167
• Registration of Titles Act s.166
• Evidence Act s.101

Cases cited (4)

• Maji Real Estate (U) Ltd & Anor v Lutogo Cooperative Savings & Credit Society Ltd (Miscellaneous Application No. 0028 of 2017)
• Lawrence Muwanga v Stephen Kyeyune (Supreme Court Civil Appeal No. 12 of 2001)
• Kyotamanya Savings and Credit Society Ltd v Nkuzalwo Gabriel (Civil Suit No. 0025 of 2005)
• Revision Application No. HCT-12-CV-CR-007/2014

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.

• In the Matter of An Application for an Order seeking the Commissioner Land Registration to issue another special certificate of title by Anthony Luzzi(2)

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