Wakilii

Luwemba and Others ( administrator of the late alozio Mukasa) v Commissioner Land Registration Masaka (Misc Cause No. 23 of 2020)

High Court · [2021] UGHCLD 217 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for vesting order under Section 167 of the Registration of Titles Act
Decision
Vesting order granted in favour of applicants as administrators of the estate of the late Alozio Mukasa

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court exercised its inherent jurisdiction under Section 98 of the Civil Procedure Act to entertain the vesting order application despite the applicants not having first applied to the Commissioner Land Registration, noting the applicants were unrepresented and the Registrar had advised the matter be determined by court. The court held that the applicants satisfied all four statutory conditions under Section 167 of the Registration of Titles Act: the land was registered, the entire purchase price had been paid, the purchaser and his estate had taken possession with the vendor's acquiescence, and the transfer could not be executed because the vendor was deceased. A vesting order was granted directing transfer of the land into the applicants' names as administrators of their late father's estate.

Outcome

Vesting order granted in favour of applicants as administrators of the estate of the late Alozio Mukasa

Facts

The late Alozio Mukasa purchased land comprised in Block 139 Plot 26 at Buddu Mutuba II from Paul Byekwaso Lubega pursuant to sale agreements dated 3 September 1982 and 5 April 1985. By 21 April 1986, the late Alozio had paid the entire purchase price and received signed transfer and consent forms. The family took possession of the land. Both the purchaser (Alozio Mukasa) and the vendor (Byekwaso) died before the transfer was executed, Byekwaso having died in 1986. The applicants, as children and administrators of the late Alozio's estate, remained in possession of the land but were unable to effect transfer because the deceased vendor had no administrator to sign fresh transfer forms. The family's interest in the land had been challenged in earlier proceedings in 1986 and 2009, but they were declared equitable owners. The applicants sought a vesting order to have the land transferred into their names as administrators of the estate.

Issues

  1. Whether the applicants satisfied the statutory conditions under Section 167 of the Registration of Titles Act for the grant of a vesting order.
  2. Whether the court could exercise inherent jurisdiction under Section 98 of the Civil Procedure Act where applicants had not first applied to the Commissioner Land Registration for a vesting order.

Orders

  • The Respondent vests land comprised in Buddu Block 139 Plot 26 at Mutuba into the Applicants as Administrators of the estate of the late Alozio Mukasa.
  • The Applicants meet all the fees necessary for vesting the suit land into their names.
  • The Applicants meet costs of this application.

Rules and key headnotes

Land & Property — Vesting Orders — Jurisdiction — Requirement to Apply First to Commissioner Land Registration
Before an applicant invokes the inherent jurisdiction of the High Court under Section 98 of the Civil Procedure Act or Section 33 of the Judicature Act in vesting order applications, the applicant must first have applied to the Commissioner Land Registration who must have declined to exercise powers under Section 167 of the Registration of Titles Act. However, the court may exercise its inherent jurisdiction where the applicant is unrepresented and may not be aware of proper procedure, and where there is evidence the Commissioner has referred the matter to court for determination.
Land & Property — Vesting Orders — Statutory Conditions under Section 167 Registration of Titles Act
For a vesting order to be granted under Section 167 of the Registration of Titles Act, four conditions must be satisfied: (i) the land must be registered under the Registration of Titles Act and the purchaser must have paid the whole purchase price; (ii) the purchaser or those claiming under him or her must have taken possession of the land; (iii) the entry and possession must have been acquiesced in by the vendor or his or her representative; and (iv) the transfer has not been executed because the vendor is dead, residing out of jurisdiction, or cannot be found.
Land & Property — Vesting Orders — Proof of Vendor's Death — Judicial Notice
Where official documentation proving a vendor's death is not adduced, a court may take judicial notice of a judgment from another court that refers to the vendor as deceased for purposes of satisfying the condition under Section 167 of the Registration of Titles Act that the vendor is dead.
Land & Property — Vesting Orders — Acquiescence by Vendor — Signed Transfer Forms
The existence of signed transfer forms and consent forms executed by the vendor before his death constitutes clear evidence that the vendor acquiesced in the purchaser's possession of the land, thereby satisfying the acquiescence requirement under Section 167 of the Registration of Titles Act.

Legislation cited (6)

Cases cited (3)

  • Aida Najjemba v Ester Mpagi (Court of Appeal Civil Appeal No. 74 of 2005)
  • Ronald Oine v Commissioner Land Registration (Misc. Cause No. 90 of 2013)
  • Robert Mukanza and Petra Mukanza v Commissioner for Land Registration (Misc. Cause No. 75 of 2015)

Full judgment

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

Luwemba_and_Others_(_administrator_of_the_late_alozio_Mukasa)_v_Commissioner_Land_Registration_Masaka_(Misc_Cause_No._23_of_2020)_[2021]_UGHCLD_217_(5_August_2021)
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.