Wakilii

Lubega Leonald v Commissioner for Land Registration (Miscellaneous Cause 34 of 2023)

High Court · [2025] UGHC 658 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for vesting order under Section 151 of the Registration of Titles Act for land purchased by applicant's late grandfather where vendor died before transfer could be executed
Decision
Vesting order granted; Applicant's name to be entered in register as Administrator of estate of late Sseviri Leo; certificate of title to be issued

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the High Court may invoke its inherent jurisdiction under Section 98 of the Civil Procedure Act to grant a vesting order even where the applicant has not obtained a written response from the Registrar refusing the application, where the interests of justice so require. The court found that the applicant satisfied all four statutory conditions under Section 151 of the Registration of Titles Act: the land was registered, full purchase price was paid, the purchaser took possession acquiesced in by the vendor's representatives, and the transfer could not be executed because both vendor and purchaser had died. Application allowed.

Outcome

Vesting order granted; Applicant's name to be entered in register as Administrator of estate of late Sseviri Leo; certificate of title to be issued

Facts

The late Sseviri Leo purchased 20 acres of land comprised in Buddu Block 141, Plots 23 and 38 in Masaka District from the late Yosefu Musoke, the registered proprietor. Full purchase price was paid and an agreement was executed. A transfer form was executed in favour of the purchaser, but the vendor Yosefu Musoke died before the transfer could be registered. Sseviri Leo also died in 1977 before completing registration in his name. The family of late Sseviri Leo has been in possession of part of the land since purchase, with the remainder occupied by bibanja holders. The only surviving daughter of the vendor, Namyalo Teddy, is very old and ill. The applicant, as administrator of late Sseviri Leo's estate, applied to the Commissioner for Land Registration for a vesting order. The Respondent did not reply, and the applicant brought this application to the High Court seeking a vesting order. A locus visit confirmed the applicant's possession and ownership claims were not contested by occupants.

Issues

  1. Whether the instant application is properly before this court.
  2. Whether the Applicant has raised sufficient grounds to warrant the grant of a vesting order.
  3. What are the remedies available to the parties?

Orders

  • Application allowed.
  • A vesting order is granted in favour of the Applicant in respect of land comprised in Buddu Block 141, plot 23 measuring approximately 6.6 hectares and plot 38 measuring approximately 1.45 hectares located in Masaka District, as a claim for the Estate of the late Sseviri Leo.
  • The Respondent is ordered to enter the Applicant's name as an Administrator of the estate of the late Sseviri Leo in the register book and a Certificate of Title is to be issued by the respondent for Buddu Block 141 Plot 23 and 38.
  • Each party shall bear their own costs of the application.

Rules and key headnotes

Land & Property — Vesting Orders — Procedural Prerequisites — Application to Registrar Before Court
Applications for vesting orders under Section 151 of the Registration of Titles Act must ordinarily first be made to the Registrar, who must decline to exercise power under the provision, before a party can invoke the court's inherent jurisdiction under Section 98 of the Civil Procedure Act.
Civil Procedure — Inherent Jurisdiction — Exercise of Discretion — Interests of Justice
The existence of a specific procedural provision or alternative remedy does not restrict or exclude the court's inherent jurisdiction under Section 98 of the Civil Procedure Act. The question whether to invoke inherent powers is a matter for the court's discretion to be exercised judicially. The availability of an alternative remedy is only one factor to be taken into account but does not limit or remove the court's jurisdiction.
Civil Procedure — Inherent Jurisdiction — When Exercised — Denial of Justice
A court of law is at liberty to invoke its inherent discretion and proceed to grant reliefs sought in situations where refusal to grant the reliefs would amount to denial of a right and doing injustice, notwithstanding procedural irregularities.
Land & Property — Vesting Orders — Statutory Conditions — Registration of Titles Act Section 151
For the Registrar or court to grant a vesting order under Section 151 of the Registration of Titles Act, four conditions must be fulfilled: (1) the land must be registered under the Registration of Titles Act and the purchaser must have paid the whole purchase price; (2) the purchaser or those claiming under him have taken possession of the purchased land; (3) entry into possession has been acquiesced in by the vendor or his representatives; and (4) the transfer has not been executed because the vendor is dead, residing out of jurisdiction, or cannot be found.
Evidence — Burden of Proof — Onus on Party Asserting Facts
Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove those facts exist. The party instigating a matter has the evidential burden to prove the asserted facts on a balance of probabilities.

Legislation cited (9)

Cases cited (8)

  • Mutyaba Tom v James Kayimbye Sebinene Musajjalumbwa & Another (High Court Miscellaneous Application No. 40 of 2018)
  • Aida Najjemba v Ester Mpagi (Court of Appeal Civil Appeal No. 74 of 2005)
  • Besigye Kiiza v Museveni Yoweri Kaguta and Another (Supreme Court Election Petition No. 1 of 2001)
  • Joseph B. Byamugisha t/a JB Byamugisha Advocates v NSSF (Court of Appeal Civil Reference No. 19 of 2012)
  • National Union of Clerical, Commercial, Professional and Technical Employees v National Insurance Corporation (Supreme Court Civil Appeal No. 17 of 1993)
  • Telecom Mast, Daniel Nkalubo Sebugwawo (Miscellaneous Application No. 7 of 2014)
  • Idah Najjemba v Ester Mpagi (Court of Appeal Civil Appeal No. 74 of 2005)
  • Re Ivan Mutaka [1980] HCB 27

Full judgment

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

Lubega Leonald v Commissioner for Land Registration (Miscellaneous Cause 34 of 2023) [2025] UGHC 658 (15 May 2025)
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.