Wakilii

Kambugu v Commissioner Land Registration (Miscellaneous Cause No. 96 of 2020)

High Court · [2022] UGHCLD 8 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application under s.167 Registration of Titles Act for vesting order and creation of duplicate certificate of title
Decision
Vesting order granted; duplicate certificate of title to be created in applicant's name

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where land was gifted by a registered owner to his son who took possession and built thereon, but the donor died before executing a transfer, the conditions in s.167 Registration of Titles Act are satisfied for a vesting order. The registered land, purchase price paid (gift consideration), possession taken, entry acquiesced to by the vendor while alive, and vendor's death preventing execution of transfer, all support vesting. Application granted.

Outcome

Vesting order granted; duplicate certificate of title to be created in applicant's name

Facts

The applicant's father, Kyeyune Mulisio, became registered owner of land comprised in Kyadondo Block 167 Plot 104 in 1974. In 1998 the father gifted the land to the applicant (his son) intervivos. The applicant took possession, built a permanent home, and lived there with his family. The father died in 2000 without executing a transfer or handing over the land title and transfer form. The applicant had been in possession for twenty years. The family, heir, and clan members all confirmed the gift and had no objection. At a locus visit the court confirmed the applicant and his family were in occupation, the LC Chairman confirmed long uninterrupted occupation, and the heir confirmed no objection to the application.

Issues

  1. Whether the applicant satisfied the conditions under s.167 Registration of Titles Act for a vesting order.
  2. Whether the Commissioner, Land Registration should be ordered to create a duplicate certificate of title in the applicant's name.

Orders

  • Land comprised in Kyadondo Block 167 Plot 104 at Kiwale is vested in the names of Kambugu Charles.
  • The Commissioner, Land Registration is directed to create the duplicate certificate of title for land comprised in Kyadondo Block 167 Plot 104 at Kiwale in the applicant's name.
  • The applicant is to meet the costs of the transfer and of this application.

Rules and key headnotes

Land & Property — Vesting Orders — Conditions under s.167 Registration of Titles Act
For a vesting order under s.167 Registration of Titles Act the following conditions must be satisfied: (i) the land must be registered under the Registration of Titles Act and the purchaser must have paid the whole purchase price; (ii) the purchaser or those claiming under them must have taken possession; (iii) the purchaser must have entered the land and the entry acquiesced in by the vendor or their representative; and (iv) the transfer has not been executed because the vendor is dead, out of jurisdiction, or cannot be found.
Land & Property — Gifts of Land — Gift Intervivos as Consideration
A gift intervivos of registered land, where the donee takes possession and the donor acquiesces to that possession during their lifetime, satisfies the consideration and acquiescence requirements for a vesting order under s.167 Registration of Titles Act, notwithstanding that no monetary purchase price was paid.
Land & Property — Possession — Long Possession and Locus Evidence
Long uninterrupted possession of land for twenty years, corroborated by evidence of a permanent structure, occupation by the applicant's family, confirmation by local authorities, and absence of objection by the deceased vendor's heir, establishes sufficient possession and acquiescence for a vesting order under s.167 Registration of Titles Act.

Legislation cited (5)

Cases cited (1)

  • Aida Najjemba v Ester Mpagi (Civil Appeal No. 74 of 2005)

Full judgment

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

Kambugu_v_Commissioner_Land_Registration_(Miscellaneous_Cause_No._96_of_2020)_[2022]_UGHCLD_8_(4_February_2022)
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.