Wakilii

Kayiwa v Commissioner Land Registration (Misc Cause 1 of 2024)

High Court · [2024] UGHC 503 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for a vesting order under Section 167 of the Registration of Titles Act
Decision
Vesting order granted; land vested in applicant's name; applicant to pay registration fees

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an application for a vesting order under Section 167 of the Registration of Titles Act must first be made to the Registrar of Titles; where the Registrar declines, the High Court has jurisdiction. A vesting order will be granted where the vendor is deceased, the purchase price was paid in full, the purchaser took possession, and transfer cannot be obtained due to the vendor's death. Application granted; land vested in the applicant.

Outcome

Vesting order granted; land vested in applicant's name; applicant to pay registration fees

Facts

The applicant purchased land comprised in Kimbo Gomba Block 231 Plots 83, 84 and 85 from the late Nsereko Antonio in three instalments between 2017 and 2020, paying the full purchase price. The land was originally registered as Block 231 Plot 79 and was subsequently subdivided. The vendor handed over signed transfer forms, mutation forms, and the mother title to facilitate transfer into the applicant's name. The applicant took possession and cultivated the land. In September 2023, after subdivision was completed but before transfer was effected, Nsereko Antonio died. The land remained registered in the deceased vendor's name. The applicant applied to the Registrar of Titles for a vesting order in January 2024; the Registrar declined and advised the applicant to seek a court order. Court conducted a locus visit on 15 March 2024 and confirmed the applicant's occupation of the suit property.

Issues

  1. Whether the application for a vesting order has been properly made before the High Court.
  2. Whether the land comprised in Kimbo Gomba Block 231 Plots 83, 84 and 85 can be vested in the applicant.

Orders

  • The Respondent vest the land comprised at Kimbo Gomba Block 231 Plots 83, 84 and 85 in the names of Kayiwa Tom.
  • The applicant shall meet all the necessary fees for vesting the land into his names.
  • The applicant shall bear the costs of the application.

Rules and key headnotes

Land & Property — Vesting Orders — Jurisdiction — Application Procedure under Registration of Titles Act s.167
An application for a vesting order under Section 167 of the Registration of Titles Act must be made first to the Registrar of Titles as an office of first instance, and all evidence to warrant a grant must be proved before the Registrar. Where the Registrar fails or refuses for some reason to grant the order, an application may then be made to the High Court.
Land & Property — Vesting Orders — Conditions for Grant — Requirements under Registration of Titles Act s.167
A vesting order will be granted where: (a) the vendor is deceased and there is proof of death; (b) transfer has not been effected; (c) the applicant paid the full purchase price; (d) the applicant took possession; (e) there is an agreement evidencing the purchase and no mortgage exists; (f) the land is registered under the Registration of Titles Act; and (g) the relatives of the deceased have no objection to the applicant obtaining the order.
Land & Property — Vesting Orders — Proof of Possession — Verification by Locus in Quo and Local Authority Confirmation
Proof of possession for purposes of a vesting order application may be established by a letter from the local authority chairperson confirming occupation and by the court conducting a locus in quo visit to verify actual occupation of the suit property.

Legislation cited (5)

Cases cited (2)

  • Mutyaba Tom v James Kayimbye (Misc Application No. 40 of 2018)
  • Aida Najjemba v Ester Mpagi (Misc Application No. 74 of 2005)

Full judgment

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

Kayiwa v Commissioner Land Registration (Misc Cause 1 of 2024) [2024] UGHC 503 (20 March 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.