Lillian Kabasesera and Another v Commissioner Land Registration and Another (Miscellaneous Application No. 864 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court allowed an application for review to correct an error in the description of land titles in a prior ruling. The court found that the original ruling incorrectly identified one plot as Plot 1059 instead of Plot 1519. The Commissioner for Land Registration admitted the error. The court issued corrected orders quashing the Commissioner's Amendment Order dated 16 December 2024 and reinstating the applicants as registered proprietors of the correctly described land.
Outcome
Application for review granted; corrected orders issued quashing the Commissioner's Amendment Order and reinstating the applicants as registered proprietors of the correctly described land
Facts
The applicants sought review of a ruling in Misc. Cause No. 64 of 2025 to correct an error in the description of land titles. The first applicant, Lillian Kabasesera, held certificates of title for land comprised in Busiro Block 397 Plot 1609 and Plot 1519, both at Bweya. The original ruling incorrectly referred to one plot as Plot 1059 instead of Plot 1519. The Commissioner for Land Registration had issued an Amendment Order dated 16 December 2024 cancelling the applicants' certificates of title. The Commissioner admitted the error in the plot description and did not oppose the review application. The court heard the application on 5 March 2026.
Issues
- Whether the application meets the criteria for review of the ruling in Misc. Cause No. 64 of 2025.
Orders
- Application for review of the ruling in Misc. Cause No. 64 of 2025 dated 10 September 2025 is allowed.
- The cancellation of the certificates of title for land comprised in Busiro Block 397 Plot 1609 Land at Bweya and Busiro Block 397 Plot 1519 Land at Bweya registered in the name of Lillian Kabasesera by an Amendment Order dated 16th December 2024 is illegal, irrational, ultra vires, and an abuse of power.
- The cancellation of the certificate of title for land comprised in Busiro Block 397 Plot 507 registered in the name of Namuwenge Sarah by an Amendment Order dated 16th December 2024 is illegal, irrational, ultra vires, and an abuse of power.
- An Order of Certiorari is hereby issued quashing the Amendment Order issued by the Commissioner for Land Registration dated 16th December 2024.
- An Order of Mandamus is hereby issued compelling the Commissioner for Land Registration to reinstate Lillian Kabasesera as the registered proprietor of the land comprised in Busiro Block 397 Plot 1609 Land at Bweya and Busiro Block 397 Plot 1519 Land at Bweya.
- An Order of Prohibition is hereby issued restraining the Commissioner for Land Registration from effecting the decision in the Amendment Order dated 16th December 2024.
- An injunction is hereby issued restraining the Commissioner for Land Registration from effecting or implementing the Amendment Order dated 16th December 2024.
- Each party shall meet its own costs.
Rules and key headnotes
Legislation cited (2)
- Civil Procedure Act s.82
- Civil Procedure Rules O.46 r.1
Cases cited (1)
- FX Mubukuke v UEB (Miscellaneous Application No. 98 of 2005)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.