Wakilii

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

High Court · [2025] UGHC 691 · 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
Decision
Vesting order granted; applicant's name to be entered in the register as administrator of the estate

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that although the applicant failed to obtain a written response from the Commissioner for Land Registration before invoking the court's inherent jurisdiction, the interests of justice dictated that the court exercise its inherent powers under Section 98 of the Civil Procedure Act. The applicant satisfied all four conditions under Section 151 of the Registration of Titles Act for the grant of a vesting order: the land was registered under the RTA and fully paid for; the purchaser's family took possession; possession was acquiesced in by the vendor's representatives; and the transfer could not be completed because both vendor and purchaser had died. Application allowed.

Outcome

Vesting order granted; applicant's name to be entered in the register as administrator of the estate

Facts

The late Sseviri Leo purchased 20 acres of land comprised in Buddu Block 141, plots 23 and 38, Masaka District, from the late Yosefu Musoke, the registered proprietor, and paid the full purchase price. A transfer form was executed but the transfer was not completed because Yosefu Musoke died before registration. Sseviri Leo also died in 1977 before completing the registration process. The family of Sseviri Leo took possession of the land, with part occupied by bibanja holders. Namyalo Teddy, the only surviving daughter of Yosefu Musoke, confirmed ownership by Sseviri Leo but was too old and ill to administer her father's estate. The applicant, Lubega Leonald, administrator of Sseviri Leo's estate, applied to the Commissioner for Land Registration for a vesting order in June 2023, then filed this application in the High Court in September 2023. The court conducted a locus in quo visit where possession by the applicant's family and acquiescence by occupants were confirmed.

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

  • 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 be issued by the respondent vide 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 Commissioner for Land Registration
Before a party can invoke the court's inherent powers under Section 98 of the Civil Procedure Act to grant a vesting order, they must first apply to the Commissioner for Land Registration under Section 151 of the Registration of Titles Act, and the Commissioner must have declined to exercise his or her powers.
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 availability of an alternative remedy is only one factor to be considered, and the court may exercise its inherent discretion to prevent injustice where the interests of justice so dictate.
Land & Property — Vesting Orders — Conditions for Grant — Section 151 Registration of Titles Act
For a vesting order to be granted under Section 151 of the Registration of Titles Act, four conditions must be satisfied: (1) the land must be registered under the RTA and the purchaser must have paid the whole purchase price; (2) the purchaser or those claiming under him have taken possession; (3) the 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 — Vesting Orders — Proof of Conditions
An applicant for a vesting order bears the evidential burden to prove on a balance of probabilities that all statutory conditions are satisfied, including proof that the land is registered under the Registration of Titles Act, that the full purchase price was paid, that possession was taken and acquiesced in, and that the transfer could not be completed due to the vendor's death, absence from jurisdiction, or inability to be found.

Legislation cited (10)

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)
  • Aida 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 691 (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.