Wakilii

Katongole v Commissioner Land Registration (Civil Miscellaneous Application 3 of 2024)

High Court · [2024] UGHC 695 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for vesting order under Registration of Titles Act s.167 following refusal by Commissioner Land Registration to effect transfer
Decision
Vesting order issued; applicant's name to be entered on the register as registered proprietor

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a vesting order may be granted under Registration of Titles Act s.167 where a purchaser has paid the full purchase price and taken possession of registered land, the entry has been acquiesced in by the vendor or representatives, and transfer cannot be obtained because the vendor is dead and relatives cannot be traced. The applicant satisfied all statutory conditions where he purchased land in 1966, paid in full, took immediate possession for commercial use without challenge for over 40 years, and both vendors had since died with relatives untraceable. Application allowed; vesting order issued.

Outcome

Vesting order issued; applicant's name to be entered on the register as registered proprietor

Facts

In 1966, the applicant purchased land comprised in Mawokota Block 92 Plot 22 from Lwomwa Kezekia S. Kagwa and Kiingi Leubeni M., who were registered as joint tenants with no right of survivorship. The applicant paid the full purchase price and immediately took possession, using the land for commercial purposes continuously and unchallenged. The first vendor died in 1967 and the second in 1989, before a transfer could be executed. The land had been encumbered with a 49-year lease in favour of a third party which expired. The applicant remained in possession for over 40 years. On 19 October 2023, the applicant applied to the Commissioner Land Registration for transfer, but was advised to seek a court vesting order. The whereabouts of the vendors' relatives are unknown and they cannot be traced.

Issues

  1. Whether the application is a proper case for issuing a vesting order under Registration of Titles Act s.167.

Orders

  • A vesting order is issued in favour of the applicant in respect of land comprised in Mawokota Block 92 Plot 22.
  • The respondent is ordered to enter the applicant's name in the register as the registered proprietor.
  • The applicant is to meet the costs of the transfer and of this application.

Rules and key headnotes

Vesting Orders — Statutory Requirements under Registration of Titles Act s.167
A vesting order under Registration of Titles Act s.167 may be granted where: (a) the land is registered under the Act and the purchaser has paid the whole purchase price; (b) the purchaser or those claiming under him have taken possession of the land; (c) the entry and possession have been acquiesced in by the vendor or representatives; and (d) transfer has not been executed because the vendor is dead, residing out of jurisdiction, or cannot be found.
Vesting Orders — Procedural Prerequisite — Prior Application to Commissioner Land Registration
Before invoking the inherent jurisdiction of the High Court to issue a vesting order under Registration of Titles Act s.167, an applicant must first apply to the Commissioner Land Registration who must have declined to exercise statutory powers under that section. This is a mandatory procedural prerequisite.
Vesting Orders — Acquiescence — Long Possession Without Challenge
Where a purchaser of registered land has remained in open, continuous, and unchallenged possession for over 40 years following full payment of the purchase price, this constitutes sufficient evidence of acquiescence by the vendor or the vendor's representatives for purposes of Registration of Titles Act s.167.

Legislation cited (5)

Cases cited (2)

  • Aida Najjemba v Ester Mpagi (Miscellaneous Application No. 74 of 2005)
  • Mutyabe v Kayimbye and Another (Miscellaneous Cause No. 40 of 2018)

Full judgment

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

Katongole v Commissioner Land Registration (Civil Miscellaneous Application 3 of 2024) [2024] UGHC 695 (13 June 2024)
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.