Wakilii

Lamminta Commercial (U) Limited v Kiconco and Another (Misc Cause 136 of 2020)

High Court · [2023] UGHCLD 151 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for consequential orders arising from execution proceedings
Decision
Application dismissed and matter remitted for determination as an ordinary suit with parties added

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An application for consequential orders under Section 177 of the Registration of Titles Act requires a valid order for recovery of land against the registered proprietor from whom cancellation is sought. Where the applicant seeks cancellation of a certificate of title held by a party who was not involved in the prior proceedings, and where there has been no suit for recovery of land between the applicant and the current registered proprietor, the application for consequential orders cannot be sustained. The proper procedure is an ordinary suit to determine true ownership.

Outcome

Application dismissed and matter remitted for determination as an ordinary suit with parties added

Facts

Lamminta Commercial (U) Limited sought consequential orders to cancel the registration of Kiconco Edwin as proprietor of land at Kyadondo Block 216 plots 4800 and 4801, and to substitute itself as proprietor. The application arose from execution proceedings in Civil Suit No. 495 of 2012. In EMA 1319 of 2018, Justice Duncan Gaswaga had set aside a consent judgment in CS 495 of 2012, finding it improper and illegal for the applicant's property to be attached and sold in a case to which it was not party, and where the applicant's director who signed the compromise lacked authority. The 5th respondent in that case, Mbirimu Micheal, had his ownership declared illegal. However, the current 1st respondent purchased the suit land from Crimson Investment, who had purchased it from Mbirimu Micheal. Neither Crimson Investment nor the 1st respondent were parties to CS 495 of 2012 or EMA 1319 of 2018.

Issues

  1. Whether this application satisfies the conditions for grant of consequential orders under Section 177 of the Registration of Titles Act.

Orders

  • Application dismissed.
  • Civil Suit No. 495 of 2012 reinstated.
  • Civil Suit No 495 of 2012 and its pleadings be amended to add the applicant and the 1st respondent as parties and accommodate the parties' claims.
  • Costs shall be in the cause.

Rules and key headnotes

Land & Property — Registration of Titles Act — Consequential Orders — Requirements under Section 177
Under Section 177 of the Registration of Titles Act, before the High Court can order cancellation of a certificate of title, there must be a valid order for recovery of land by the applicant and the said recovery must be as a result of proceedings permissible under the Registration of Titles Act. In practical terms, there must be a suit for recovery of land decided by a court with competent jurisdiction in the applicant's favour.
Civil Procedure — Consequential Orders — Definition and Nature
A consequential order denotes an order of court giving effect to the judgment or decision for which it is consequential or resultant therefrom. Such an order is normally directly traceable to or flowing from the judgment or decision duly prayed for or granted by court.
Land & Property — Cancellation of Title — Rights of Non-Party to Prior Proceedings
Where a registered proprietor was not a party to the proceedings from which consequential orders are sought, cancellation of that proprietor's title without affording a right to be heard would infringe the constitutional right to a fair hearing and the right to own property under Articles 28 and 26 of the 1995 Constitution of Uganda.
Civil Procedure — Execution — Determination of Questions Arising from Execution
Under Section 34 of the Civil Procedure Act, the court has power to determine questions arising out of execution of decrees. Proceedings under this section cannot be handled by a separate suit but rather by the court handling the execution proceedings.

Legislation cited (8)

Cases cited (3)

  • Kalibaala Vincent and Another v Attorney General (HCMA No. 70 of 2015)
  • Park Royal Ltd v Uganda Land Commission and Others (HCMA No. 46 of 2014)
  • RE Ivan Mutaka (1981) HCB 27

Full judgment

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

Lamminta_Commercial_(U)_Limited_v_Kiconco_and_Another_(Misc_Cause_136_of_2020)_[2023]_UGHCLD_151_(16_June_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.