Wakilii

Kaddu and 4 Others v Commissioner Land Registration (Misc Cause No. 94 of 2021)

High Court · [2021] UGHCLD 184 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by Notice of Motion for creation of substitute white page and compensation for delay
Decision
Application granted with orders for creation of substitute white page and compensation to the estate

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court granted the application for creation of a substitute white page for Plot 440 Block 82 Kyadondo where the original certificate of title was missing from the Land Registry. The court awarded compensation of UGX 20,000,000 to the estate for the respondent's failure to act within the statutory three-month period under Registration of Titles Act s.173, having delayed over two years since receiving the application in May 2019.

Outcome

Application granted with orders for creation of substitute white page and compensation to the estate

Facts

The late Juma Mayungwe was the registered proprietor of Plot 312 Block 82 Kyadondo measuring approximately 9 acres, which he subdivided before his death in 1979, creating plots 439 and 440. The certificate of title for Plot 440 was lost and could not be traced. A search revealed that only the white page for plot 439 existed, while the white page for plot 440 could not be retrieved from the land registry. The applicants, as administrators of the deceased's estate having obtained letters of administration on 4 November 2015, applied to the respondent on 10 May 2019 requesting creation of a substitute white page. The respondent failed to respond or create the substitute page despite the statutory requirement to act within three months. The applicants were under pressure from purchasers of the suit land who had been promised certificates of title and were unwilling to pay outstanding balances without them.

Issues

  1. Whether the applicants merit the prayers sought for creation of a substitute white page and compensation.
  2. Whether the applicants are entitled to compensation for the respondent's delay in processing their application.

Orders

  • The respondent shall create a substitute page of plot 440, Block 82, in the names of Juma Mayungwe.
  • Ugx 20,000,000/= to be awarded to the estate of the late Juma Mayungwe as compensation.
  • Costs are awarded to the applicants.

Rules and key headnotes

Land Registration — Lost Certificates of Title — Power to Issue Substitute White Page
Under Section 91 of the Land Act Cap.227 and Sections 37 and 38(2) of the Registration of Titles Act, the office of the Registrar of Titles has the power and obligation to issue fresh certificates of title, including substitute white pages, when required to do so with justifiable reason.
Administrative Procedure — Failure to Respond to Application — Unchallenged Affidavit
Where no affidavit in reply is filed, the affidavit in support is taken to be unchallenged and truthful, subject to whether the contents pass the test of evidence and are cogent and of probative value.
Land Registration — Statutory Time Limits — Compensation for Delay
Under Section 173 of the Registration of Titles Act, the Registrar is required to act within three months of receiving an application, and failure to do so without justifiable reason entitles the applicant to compensation under Section 183 of the Act for loss sustained through omission or misfeasance in execution of duties.

Legislation cited (7)

Cases cited (1)

  • Tororo District Administration v Andalalapo Ltd [1997] KALR 126

Full judgment

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

Kaddu_and_4_Others_v_Commissioner_Land_Registration_(Misc_Cause_No._94_of_2021)_[2021]_UGHCLD_184_(20_December_2021)
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.