Kabogoza v Senkugu Wasswa (Miscellaneous Cause No. 103 of 2018)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that Section 166 of the Registration of Titles Act envisages scenarios where a trustee is yet to be registered, not where the applicant is already registered as joint administrator on the subject land. A vesting order's purpose is to pass legal interest in lieu of a conveyance where none exists. It is illogical for an applicant already holding land in his capacity as trustee to seek a vesting order to pass legal interest in land he already holds in that capacity. The Section envisages trustees only, not beneficiaries. The application fails for want of proper legal foundation under the Registration of Titles Act.
Outcome
Application dismissed for falling short of the requirements of Section 166 of the Registration of Titles Act
Facts
The applicant and respondent were joint administrators of the estate of the late Bikongolo Isaaka. The respondent had initially obtained Letters of Administration without family consent, leading to revocation proceedings that resulted in both parties being appointed as co-administrators. The estate included land comprised in Bulemezi Block 556 Plot 7 at Kibanga. The applicant alleged that the respondent frustrated the distribution of the estate by refusing to sign transfers to the agreed beneficiaries unless female beneficiaries shared only 2 acres, leaving the rest for the administrators. The beneficiaries had agreed to distribution with administrators receiving an extra acre and a half each. The respondent opposed the application, alleging that the applicant held an unfair family meeting in his absence, that the distribution was inequitable (his share included a graveyard and rocky land), and that he and other beneficiaries had lodged a caveat on the land.
Issues
- Whether the court has the power under Section 166 of the Registration of Titles Act to grant a vesting order to enable joint administrators to distribute estate land to beneficiaries.
- Whether a trustee already registered on the land can seek a vesting order in respect of the same land.
- Whether a vesting order can be made in respect of beneficiaries who are not trustees under Section 166 of the Registration of Titles Act.
Orders
- Application dismissed.
- Each party to bear own costs.
Rules and key headnotes
Legislation cited (6)
Cases cited (4)
- Re Nakivubo Chemists [1979] HCB 12
- Re Side Botham (1880) 14 Ch D 458
- Attorney General of Gambia v Njie [1961]
- Dr Twinobuhungiro Aska v Administrator of the Estate of the Late George William Kabugo (HCMA No. 279 of 2015)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.