Wakilii

Lamminta Commercial (U) Ltd v Kiconco & Another (Miscellaneous Cause 136 of 2020)

High Court · [2023] UGHCLD 437 · 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 and a prior ruling setting aside a consent judgment
Decision
Application dismissed; underlying civil suit reinstated with parties to be added

Observed later treatment

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Holding

The court dismissed the application for consequential orders to cancel the first respondent's land registration. Section 177 of the Registration of Titles Act requires a valid order for recovery of land from proceedings against the registered proprietor. The applicant had not obtained such an order against the first respondent, who was never a party to the prior proceedings. Cancelling the first respondent's title without affording him a hearing would violate his constitutional rights. The proper avenue is an ordinary suit where ownership can be determined after examination of evidence.

Outcome

Application dismissed; underlying civil suit reinstated with parties to be added

Facts

Lamminta Commercial (U) Ltd applied for consequential orders to cancel Kiconco Edwin's registration as proprietor of land at Kyadondo Block 216 plots 4800 and 4801 and substitute itself as proprietor. The application arose from EMA No. 1319 of 2019, which itself arose from EMA No. 200 of 2018, all stemming from 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 on grounds that it was improper and illegal for the applicant's property to be attached and sold in a case to which it was never party, and by the applicant's director who lacked authority. The first respondent Kiconco Edwin purchased the suit land from Crimson Investment, who had purchased it from Mbirimu Micheal (the 5th respondent in EMA 1319 of 2018). Neither Crimson Investment nor Kiconco Edwin were parties to CS 495 of 2012 or EMA 1319 of 2018. Kiconco Edwin is the current registered proprietor in possession of the suit land.

Issues

  1. Whether the application satisfied 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 is 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 — Consequential Orders — Requirements under Section 177
An application for consequential orders under Section 177 of the Registration of Titles Act to cancel a certificate of title requires two elements: 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 against the registered proprietor.
Civil Procedure — Consequential Orders — Definition and Requirements
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 — Registration of Titles — Protection of Registered Proprietor — Section 176
An application under Section 177 of the Registration of Titles Act that necessitates the cancellation of a registered proprietor's certificate of title is governed by the provisions of Section 176 read together with Section 177 of the Registration of Titles Act. Section 176 prohibits proceedings for recovery of land against a registered proprietor save in certain exceptional circumstances.
Administrative Law — Fair Hearing — Right to be Heard before Cancellation of Title
Cancellation of a registered proprietor's title without affording him a right to be heard would be an infringement of the registered proprietor's right to a fair hearing and a right to own property contrary to Articles 28 and 26 of the 1995 Constitution of the Republic of Uganda.
Civil Procedure — Execution — Questions Arising from Execution — Section 34 Civil Procedure Act
Section 34 of the Civil Procedure Act gives court the power to determine questions arising out of execution of decrees. Proceedings under this section cannot be handled by a separate suit but rather by a court handling the execution proceedings.

Legislation cited (9)

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)_Ltd_v_Kiconco_&_Another_(Miscellaneous_Cause_136_of_2020)_[2023]_UGHCLD_437_(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.