Wakilii

Kiiza and 2 Others v Commissioner Land Registration and Another (Misc. Cause No. 6 of 2023)

High Court · [2023] UGHCLD 114 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Judicial review application challenging the Commissioner Land Registration's decision to cancel the applicants' certificate of title
Decision
Applicants' judicial review application granted; Commissioner's decision cancelling certificate of title quashed; certificate of title restored to applicants

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the Commissioner Land Registration acted without jurisdiction and ultra vires in cancelling a registered certificate of title based on allegations of fraud. Under Section 91 of the Land Act, the Commissioner has no power to adjudicate complaints involving fraud—such matters are the exclusive preserve of the High Court under Section 59 of the Registration of Titles Act. The Commissioner's decision was quashed as illegal, irrational, and null and void.

Outcome

Applicants' judicial review application granted; Commissioner's decision cancelling certificate of title quashed; certificate of title restored to applicants

Facts

The three applicants were joint registered proprietors of freehold land in Buliisa District, having applied for and obtained a certificate of title in 2019. In 2021, the Commissioner Land Registration received a complaint from a communal land association alleging that the applicants had fraudulently obtained the title through forged signatures, rescinded Land Board minutes, and concealment of material facts. The Commissioner issued a notice of intention to cancel the title and, despite submissions from the applicants' counsel highlighting that fraud allegations fall outside the Commissioner's jurisdiction, proceeded to cancel the certificate of title on 22 December 2021. The applicants then filed this judicial review application.

Issues

  1. Whether the 1st Respondent's decision dated 22/12/2021 cancelling the Applicants' joint title in question was ultra vires, irrational, unreasonable and in contravention of the law.
  2. What are the remedies available to the parties.

Orders

  • A declaration that the decision of the 1st Respondent cancelling the Applicants' certificate of title in respect of land comprised in FRV MAS 49, Folio 4, Bujenje Block 1, plot 25 land at Wantembo Booma, Buliisa District, based on allegations of or involving fraud was ultra vires, illegal, irrational and or improper and therefore null and void.
  • An order of certiorari doth issue quashing the impugned decision of the 1st Respondent as contained in the 1st Respondent's letter to the Applicants, under Ref. FRV MAS 49/4, dated 22/12/2021 cancelling the Applicants' joint registered interest in the suit property.
  • An order of prohibition doth issue against the implementation of the impugned decision of the 1st Respondent as contained in the 1st Respondent's letter to the Applicants, under Ref. FRV 49/4 dated 22/12/2021.
  • An order of permanent injunction doth issue restraining the 1st Respondent from entertaining adjudicating upon and cancelling the Applicants' joint title to the suit land basing on claims or allegations involving of fraud as set out in the 2nd Respondent's complaint in question and or registering any instrument adversely affecting the Applicants' interest in or quiet possession and use of the suit land.
  • Preliminary objection overruled.
  • No order of damages granted.
  • Costs of the application awarded to the Applicants.

Rules and key headnotes

Administrative Law — Jurisdiction of Commissioner Land Registration — Powers under Land Act s.91 — Allegations of fraud
The Commissioner Land Registration has no jurisdiction under Section 91 of the Land Act to entertain complaints or cancel a certificate of title where fraud is alleged or imputed. Fraud is a grave allegation that requires adjudication by the High Court under Section 59 of the Registration of Titles Act, which provides that the indefeasibility of a certificate of title is only impeachable on account of fraud.
Land & Property — Cancellation of certificate of title — Allegations involving fraud — Exclusive jurisdiction of High Court
Where a complaint seeking cancellation of a certificate of title is premised upon allegations of fraud, forgery, or falsehood, the matter must be referred to the High Court. The Commissioner Land Registration ceases to have jurisdiction and any decision taken is ultra vires, illegal, and void.
Judicial Review — Alternative remedies — Exhaustion of remedies — Absence of District Land Tribunals
Judicial review is generally not available where alternative remedies exist, but where the statutory right of appeal to District Land Tribunals under Section 91(10) of the Land Act cannot be exercised because those tribunals do not exist, judicial review remains competent. The provisions of Section 91(10) are not mandatory and do not operate to restrict the High Court's inherent jurisdiction under Section 98 of the Civil Procedure Act.
Administrative Law — Ultra vires acts — Usurpation of High Court powers — Nullity
Where an administrative officer acts without jurisdiction and usurps the powers of the High Court, the officer's conduct and actions are ultra vires and illegal. Any decision taken in such circumstances is irrational, improper, and an abuse of authority, rendering it null and void and inoperative in the eyes of the law.

Legislation cited (11)

Cases cited (8)

  • Re Mustapha Ramathan (Court of Appeal Civil Appeal No. 29 of 1996)
  • Paul Saku Busagwa and Another v Commissioner Land Registration and Another (Misc. Cause No. 40 of 2014)
  • Micro Case Industries Ltd v Uganda Insurance Commission (Misc. Application No. 31 of 2009)
  • Deo Semakula Beyogera v Kayongo and Others (Civil Suit No. 422 of 2013)
  • National Union of Clerical, Commercial & Technical Employees v NIC (Supreme Court Civil Appeal No. 17 of 1993)
  • FJ Kazibwe v Orient Bank and 5 Others (Supreme Court Civil Appeal No. 4 of 2006)
  • Patrick Mukasa v Douglas Andrew Kanyike (Court of Appeal Civil Appeal No. 307 of 2018)
  • Hilda Wilson Namusoke and 3 Others v Owalla Home Investment Trust (EA) Ltd (Supreme Court Civil Appeal No. 15 of 2017)

Full judgment

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

Kiiza_and_2_Others_v_Commissioner_Land_Registration_and_Another_(Misc._Cause_No._6_of_2023)_[2023]_UGHCLD_114_(31_March_2023)
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.