Wakilii

In the matter of Kirebu Hamidu (Miscellaneous Cause 324 of 2023)

High Court · [2023] UGHCLD 448 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for vesting order under Section 167 Registration of Titles Act
Decision
Application dismissed for failure to first exhaust administrative remedy before the Registrar of Titles

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an application for a vesting order under Section 167 of the Registration of Titles Act must first be made to the Commissioner Land Registration before invoking the court's inherent jurisdiction. Where the applicant failed to apply to the Registrar of Titles before bringing the application to court, the application is not properly before the court and must be dismissed.

Outcome

Application dismissed for failure to first exhaust administrative remedy before the Registrar of Titles

Facts

The applicant claimed to have jointly purchased land comprised in Kyadondo Block 208 Plot 2954 at Kawempe with his late uncle Hajji Nasulu Nsubuga in the 1970s. The land was registered in the deceased's name. The deceased sold part of the land before his death in 2008. At the time of death, the deceased had handed over the duplicate certificate of title to the applicant but had not executed transfer forms in the applicant's favour. The applicant claimed to have been in possession for over 50 years, having built his permanent home and rental houses on the land. The applicant sought a vesting order to protect his claimed equitable interest without first applying to the Commissioner Land Registration.

Issues

  1. Whether the application is properly before this court?
  2. Whether there are sufficient grounds to warrant the grant of a vesting order?

Orders

  • Application dismissed.
  • Applicant shall meet the costs of the application.

Rules and key headnotes

Land & Property — Vesting Orders — Statutory Requirement to Apply to Registrar First
Before an applicant invokes the inherent jurisdiction of the court under Section 167 of the Registration of Titles Act, he or she must first apply for a vesting order to the Commissioner Land Registration who for some reason must have declined to exercise his or her powers under the section.
Civil Procedure — Proper Parties and Jurisdiction — Exhaustion of Administrative Remedies
It is incumbent on the court to determine the appropriateness of actions brought before it to avoid proceeding in futility. Where an applicant has not first exhausted the administrative remedy provided by statute, the application is not properly before the court.
Land & Property — Vesting Orders — Distinction Between Vesting in Ordinary Parlance and Legal Vesting Order
There is a difference between vesting in its literal meaning and a vesting order in its legal meaning. What may amount to vesting in ordinary parlance may not amount to circumstances that warrant the grant of a vesting order as known at law. The vesting order under Section 167 of the Registration of Titles Act has specific tenets and in their absence one cannot proceed under the section.

Legislation cited (5)

Cases cited (2)

  • Mutyaba v Kayimbye and Another (Miscellaneous Cause No. 40 of 2018)
  • Edward Babigumira v Commissioner for Land Registration (Miscellaneous Cause No. 76 of 2012)

Full judgment

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

In_the_matter_of_Kirebu_Hamidu_(Miscellaneous_Cause_324_of_2023)_[2023]_UGHCLD_448_(29_November_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.