Wakilii

Kampama v Registrar of Titles (Miscellaneous Cause No. 12 of 2013)

High Court · [2013] UGHCLD 70 · 2013 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application under section 177 of the Registration of Titles Act seeking cancellation of certificate of title following recovery of land in lower court proceedings
Decision
Certificate of title ordered to be cancelled and reissued to the applicant following fraudulent transfer established in lower court proceedings

Observed later treatment

Cited — treatment unverified cited in 1 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

No adverse treatment recorded Cited 1 time with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

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 held that where land has been recovered from a registered proprietor through court proceedings establishing fraudulent transfer, section 177 of the Registration of Titles Act empowers the court to direct the Registrar to cancel the certificate of title and issue a new one to the successful party. The application was granted ex parte as the Registrar failed to file a reply or appear despite service.

Outcome

Certificate of title ordered to be cancelled and reissued to the applicant following fraudulent transfer established in lower court proceedings

Facts

The applicant claimed that his land comprised in Busiro Block 486 Plot 9 had been fraudulently transferred to Ibulaimu Kabanda Kironde using forged transfer forms and signatures. The applicant successfully sued Ibulaimu and the Registrar of Titles in Mpigi Chief Magistrate's Court Civil Suit No. 009/2012, obtaining judgment ordering cancellation of Ibulaimu's name from the certificate of title. The magistrate's court directed that its order be forwarded to the High Court for implementation. The applicant then brought this miscellaneous cause seeking orders to compel the Registrar to cancel the fraudulent title and issue a new one. The Registrar did not file any reply or appear at the hearing despite being served.

Issues

  1. Whether the court should order the Registrar of Titles to cancel the name of Ibulaimu Kabanda Kironde on the certificate of title and issue a new title to the applicant following recovery of the land in lower court proceedings.

Orders

  • The respondent is ordered to cancel the name of Ibulaimu Kabanda Kironde on the certificate of title to Busiro Block 486 Plot 9.
  • The respondent should recall the said certificate of title from Ibulaimu Kabanda Kironde and/or cancel it, and issue a new title to the applicant.
  • The applicant will meet the costs of this application.

Rules and key headnotes

Land & Property — Certificate of Title — Cancellation and Rectification following Recovery of Land
Where land has been recovered from a registered proprietor by court proceedings, section 177 of the Registration of Titles Act empowers the High Court to direct the Registrar to cancel any certificate of title and substitute such certificate as the circumstances require.
Land & Property — Registration of Titles Act s.177 — Requirements for Cancellation
To invoke section 177 of the Registration of Titles Act and obtain rectification of the register by cancellation, the applicant must satisfy the court that he has recovered the land, estate or interest in question by proceedings from a person registered as proprietor of the land.
Land & Property — Registration of Titles — Consequential Orders following Recovery
Where a person has obtained judgment for recovery of land against a registered proprietor, he must first apply to the court for a consequential order under section 177 of the Registration of Titles Act before being registered as proprietor, as this is the only method prescribed by the Act.
Civil Procedure — Ex Parte Proceedings — Failure to File Defence
Where a defendant fails to file a defence or reply within the allowed time, the plaintiff may set down the matter for hearing ex parte under Order 9 rule 11(2) of the Civil Procedure Rules, though the burden remains on the plaintiff to prove the case to the requisite standard.

Legislation cited (6)

Cases cited (7)

  • Re Ivan Mutaka [1981] HCB 28
  • Andrea Lwanga v Registrar of Titles [1980] HCB 24
  • Uganda Blanket Manufacturers Ltd v Chief Registrar of Titles (Miscellaneous Application No. 55 of 1993)
  • Kubibaire v Kakwenzire [1977] HCB 37
  • Yoswa Kityo v Eriya Kaddu [1982] HCB 58
  • Samwiri Massa v Rose Achieng [1978] HCB 297
  • Agard Didi v James Namakajjo (HCCS No. 1230 of 1998)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

Full judgment

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

Kampama v Registrar of Titles (Miscellaneous Cause No. 12 of 2013) [2013] UGHCLD 70 (11 July 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.