Wakilii

Kaggwa v Nampiso (Originating Summons No. 11 of 2012)

High Court · [2013] UGHCLD 50 · 2013 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Originating summons for determination of questions arising from an alleged contract of sale of land
Decision
Suit dismissed as misconceived; plaintiff advised to file a civil suit for recovery of land

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the application for a vesting order and special certificate of title. Section 167 of the Registration of Titles Act requires that a purchaser seeking a vesting order must demonstrate possession of the land and that the vendor is either dead, residing out of jurisdiction, or cannot be found. The plaintiff failed to prove possession and the vendor was alive and within jurisdiction. The suit was held misconceived and the plaintiff was advised to file a civil suit for recovery of land.

Outcome

Suit dismissed as misconceived; plaintiff advised to file a civil suit for recovery of land

Facts

In 1995 the plaintiff instructed his sister Regina Nakiwala to negotiate and purchase land comprised in Busiro Block 598 Plot 75 from the defendant on his behalf. The plaintiff advanced money to Nakiwala who paid the defendant as consideration for the land. The defendant acknowledged receipt of payments in instalments. After full payment, the defendant executed transfer deeds and undertook to hand over the certificate of title. In October 2001 the plaintiff met the defendant in the presence of his son and attorney John Kaggwa; the defendant promised to hand over the title by December 2001. Since then, despite repeated demands, the defendant has not delivered the certificate of title or her passport to enable transfer. The defendant was served with the originating summons and accepted service by thumbprint but did not appear or file a reply. The matter proceeded ex parte.

Issues

  1. Whether it is just and equitable in the circumstances that a vesting order be issued and a special certificate of title for land comprised in Busiro Block 598 plot 75 be processed in favour of the plaintiff.
  2. Whether the plaintiff has fulfilled the statutory conditions under section 167 of the Registration of Titles Act for issuance of a vesting order.

Orders

  • The suit is dismissed.
  • No orders as to costs.

Rules and key headnotes

Land Law — Vesting Orders — Statutory Requirements under Registration of Titles Act s.167
A vesting order under section 167 of the Registration of Titles Act requires proof that: (i) the land is registered under the Act and the purchaser has paid the whole price; (ii) the purchaser has taken possession; (iii) the vendor has acquiesced in the purchaser's entry into possession; and (iv) the transfer has not been executed because the vendor is dead, residing out of jurisdiction, or cannot be found. All conditions must be satisfied.
Land Law — Vesting Orders — Possession as Condition Precedent
Where an applicant seeks a vesting order but fails to prove that he has taken possession of the purchased land, the application must fail as possession is a vital prerequisite under section 167 of the Registration of Titles Act.
Land Law — Vesting Orders — Vendor Alive and Within Jurisdiction
A vesting order under section 167 of the Registration of Titles Act cannot be granted where the vendor is alive, within jurisdiction, and can be found. The statutory remedy is only available where the vendor is dead, residing out of jurisdiction, or cannot be found.
Civil Procedure — Originating Summons — Proper Use under Order 37 CPR
An originating summons under Order 37 rule 3 of the Civil Procedure Rules is the proper procedure for determination of questions arising from a contract for sale of immovable property, provided the question does not affect the existence or validity of the contract.
Land Law — Recovery of Land — Appropriate Remedy Where Vesting Order Unavailable
Where the statutory conditions for a vesting order are not met, a purchaser who has paid the full price but has not obtained transfer should file a civil suit for recovery of land against the registered proprietor and pray for a vesting order as a consequential order under section 177 of the Registration of Titles Act following a successful action.

Legislation cited (6)

Cases cited (2)

  • Najjemba v Mpagi (Civil Appeal No. 74 of 2005)
  • [1980] HCB 27

Full judgment

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

Kaggwa v Nampiso (Originating Summons No. 11 of 2012) [2013] UGHCLD 50 (30 May 2013)
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.