Wakilii

Kisuule v Commissioner Land Registration (Miscellaneous Cause No. 119 of 2016) 2017 UGHCLD 13 (2017-02-15)

High Court · [2017] UGHCLD 13 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
Decision
Vesting order issued directing Commissioner for Land Registration to transfer land into applicant's names as registered owner.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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.

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

Held that a vesting order should be granted under Registration of Titles Act s.167 where the applicant proved she purchased land in 1989, paid the full purchase price of Shs.450,000, took possession with the vendor's acquiescence for twenty-seven years, but could not obtain transfer because the transfer forms were lost and the vendor could not be traced. The High Court has unlimited jurisdiction under Article 139 of the Constitution to grant vesting orders notwithstanding that s.167 envisages the Registrar of Titles as the primary authority. The Commissioner for Land Registration is the proper respondent in such applications.

Outcome

Vesting order issued directing Commissioner for Land Registration to transfer land into applicant's names as registered owner.

Facts

In 1989, Harriet Kisuule purchased land comprised in Block 245 Plot 112 at Kisugu from B.M Kalemera, the Administrator of the estate of the late B.M Kaggwa, for Shs.450,000 which she paid in full. The vendor handed over the duplicate certificate of title and duly executed transfer forms. Kisuule took possession and has occupied the land for twenty-seven years, constructing residential houses and rentable units. She lost the signed transfer forms and despite diligent search could not trace them. The vendor could not be located at his known address to sign fresh transfer forms. Unable to effect transfer into her names, Kisuule applied for a vesting order under Registration of Titles Act s.167.

Issues

  1. Whether the Applicant meets the criteria under the law for a vesting order.
  2. Whether the Commissioner for Land Registration is the proper party.
  3. What remedies are available to the parties.

Orders

  • A vesting order doth issue vesting land comprised in Block 245 Plot 112 at Kisugu Kampala into the names of the Applicant Harriet Kisuule as registered owner.
  • The Commissioner for Land Registration is ordered to transfer the suit land comprised in Block 245 Plot 112 at Kisugu Kampala into the names of the Applicant Harriet Kisuule as registered owner.
  • The Applicant will bear costs of this application.

Rules and key headnotes

Land & Property — Vesting Orders — Conditions for Grant under Registration of Titles Act s.167
A vesting order under Registration of Titles Act s.167 will be granted where: (i) the land is registered under the Act; (ii) the purchaser has paid the whole purchase price; (iii) the purchaser or those claiming under the purchaser have taken possession which has been acquiesced in by the vendor or representative; and (iv) transfer has not been executed because the vendor is dead, residing out of jurisdiction, or cannot be found.
Land & Property — Vesting Orders — Jurisdiction of High Court
Although Registration of Titles Act s.167 envisages the Registrar of Titles as the authority to grant vesting orders, the High Court has unlimited jurisdiction under Article 139 of the Constitution to grant vesting orders in all matters.
Civil Procedure — Parties — Proper Respondent in Vesting Order Applications
In an application for a vesting order under Registration of Titles Act s.167, the Commissioner for Land Registration (formerly Chief Registrar of Titles) is the proper respondent.

Legislation cited (7)

Cases cited (4)

  • Aida Najjemba v Ester Mpagi (Civil Appeal No. 74 of 2005)
  • Edward Babigumira v Commissioner for Land Registration (Miscellaneous Cause No. 76 of 2012)
  • Joyce Nabbosa v Mabidde Nasanayiri & 2 Others (Miscellaneous Cause No. 85 of 2009)
  • Uganda Blanket Manufacturers v Chief Registrar of Titles (Miscellaneous Application No. 55 of 1993)

Full judgment

↓ Download PDF

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

Kisuule v Commissioner Land Registration (Miscellaneous Cause No. 119 of 2016) 2017 UGHCLD 13 (2017-02-15)
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.