Wakilii

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)

High Court · [2025] UGHCLD 18 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application under Civil Procedure Act s.48(4) for special certificate of title following judicial sale in execution
Decision
Application partly granted; special certificate of title to be issued but vesting order refused pending compliance with Registration of Titles Act s.167

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where immovable property was sold in execution of a decree and the judgment debtor deceased without delivering up the duplicate certificate of title, the court has discretion under Civil Procedure Act s.48(4) to order issuance of a special certificate of title. However, a vesting order cannot be granted without first following the procedure under Registration of Titles Act s.167, requiring the applicant to approach the Commissioner of Land Registration before seeking court intervention.

Outcome

Application partly granted; special certificate of title to be issued but vesting order refused pending compliance with Registration of Titles Act s.167

Facts

The applicant purchased land comprised in LRV1841 Plot 24 Folio 24 Bujenje Block 16 from Samuel Zogere, who had acquired it through a public auction in execution of a decree against Gabriel Nkuzalawo in Civil Suit No. 0025 of 2005. The applicant took possession and planted sugarcane. When he attempted to obtain title, he discovered that the property was registered under leasehold tenure in the name of the late Gabriel Nkuzalawo, who had failed to disclose the existence of the certificate of title at the time of the judicial sale. The judgment debtor was deceased and the duplicate certificate of title could not be obtained. The property was encumbered by a mortgage and caveat, both subsequently released in 2003. The judicial sale had been confirmed by the High Court in Revision Application No. HCT-12-CV-CR-007/2014. The applicant sought orders compelling the Commissioner of Land Registration to issue a special certificate of title and for a vesting order transferring the land into his name.

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.

Orders

  • An order compelling the Commissioner Land Registration to issue another 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

Land & Property — Special Certificate of Title — Issuance Following Judicial Sale — Deceased Judgment Debtor
Where immovable property has been sold in execution of a decree and the judgment debtor is deceased without having delivered up the duplicate certificate of title, the court has discretion under Civil Procedure Act s.48(4) to order the Commissioner of Land Registration to issue a special certificate of title if satisfied that the duplicate certificate cannot be obtained.
Civil Procedure — Execution — Judicial Sale — When Sale Becomes Absolute
A judicial sale of immovable property in execution of a decree becomes absolute upon payment of the full purchase price under Civil Procedure Act s.49, provided no proceedings are taken to set aside the sale or such proceedings are unsuccessful.
Land & Property — Vesting Orders — Prerequisites Under Registration of Titles Act s.167
Before a court can grant a vesting order under Registration of Titles Act s.167, the applicant must first approach the Commissioner of Land Registration and exhaust that procedure; the court will not grant a vesting order where the proper procedure under s.167 has not been followed.
Land & Property — Vesting Orders — Jurisdictional Sequence
Registration of Titles Act s.167 confers primary jurisdiction on the Commissioner of Land Registration to grant vesting orders where a transfer cannot be obtained; the applicant must first present the application to the Commissioner and receive a decision before seeking court intervention.

Legislation cited (11)

Cases cited (3)

  • 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 Nkuzalawo Gabriel (Civil Suit No. 0025 of 2005)

Full judgment

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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)
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.