Wakilii

Magezi v Commissioner Land Registration (Misc Cause No. 172 of 2017)

High Court · [2022] UGHCCD 3 · 2022 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking certiorari to quash the Commissioner's decision cancelling the applicant's certificate of title
Decision
Application for judicial review dismissed for failure to exhaust alternative statutory remedies

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for judicial review dismissed. The court held that judicial review is not available where alternative statutory remedies exist and have not been exhausted. The applicant failed to comply with section 182(1) of the Registration of Titles Act requiring summoning the registrar to show cause, and failed to file an appeal under section 91(10) of the Land Act. Judicial review is a collateral challenge, not an appeal, and should not be used where Parliament has provided appeal procedures.

Outcome

Application for judicial review dismissed for failure to exhaust alternative statutory remedies

Facts

The applicant, Mohammed Magezi, was the registered proprietor of property in Kyaddondo Block 234 Plot 291 at Kirinya, which he acquired through public auction after mortgage default by the original borrower. On 27 May 2014, the Commissioner Land Registration wrote to the applicant requesting him to deliver his certificate of title for perusal due to an alleged error, but the applicant claims he never received this notification. On 17 November 2015, the Commissioner cancelled the applicant's title for Plot 291 and transferred his interest to Plot 293, a different property in which the applicant had never acquired any interest. The applicant brought this judicial review application seeking certiorari to quash the Commissioner's decision, arguing he was never given an opportunity to be heard. The respondent did not file a reply despite being served.

Issues

  1. Whether the decision of the Respondent in cancelling and transferring the Applicant's title from Plot 291 to Plot 293 is fair, rational and just treatment.
  2. Whether the Applicant is entitled to any remedies sought in this application.

Orders

  • Application dismissed from court.
  • No order as to costs.

Rules and key headnotes

Judicial Review — Availability — Exhaustion of Alternative Remedies
Judicial review is not available where an alternative statutory remedy exists and has not been exhausted. Where Parliament has provided appeal procedures by statute, it will only be very rarely that the court will allow the collateral process of judicial review to be used to attack an appealable decision.
Land Registration — Commissioner's Powers — Appeal Procedure
Where the Commissioner Land Registration cancels a certificate of title under section 91 of the Land Act, an aggrieved party must file an appeal under section 91(10) to the High Court so that all parties likely to be affected by the decision are heard before orders reversing the Commissioner's decision are made.
Administrative Law — Natural Justice — Audi Alteram Partem
A decision by the Commissioner Land Registration to cancel and transfer a certificate of title without notifying the registered proprietor and giving him an opportunity to be heard amounts to unjust treatment and procedural impropriety.
Registration of Titles — Rectification — Statutory Procedure
Where a proprietor is dissatisfied with a decision of the registrar under the Registration of Titles Act, the proprietor may require the registrar to set forth in writing the grounds of the decision and may summon the registrar to appear before the High Court to substantiate those grounds under section 182(1) of the Registration of Titles Act.
Judicial Review — Collateral Challenge — Distinction from Appeal
Judicial review is a collateral challenge and not an appeal. The court exercises supervisory jurisdiction to ensure that public powers are exercised in accordance with basic standards of legality, fairness and rationality, not to vindicate rights as such.

Legislation cited (16)

Cases cited (9)

  • Francis Bahikirwe Muntu & 15 Others v Kyambogo University (Misc. Application No. 643 of 2005)
  • Ssemakula Sulaiti v Commissioner Land Registration & Anor (Misc. Cause No. 75 of 2009)
  • Kuluo Joseph & Others v Attorney General & 6 Others (Miscellaneous Application No. 106 of 2010)
  • Chief Constable of North Wales v Evans [1982] 3 All ER 141
  • Samwiri Massa v Rose Achen [1987] HCB 297
  • Naku & 2 Others v Commissioner Land Registration & Anor (Civil Appeal No. 64 of 2010)
  • Sebirumbi Kisizingo v Commissioner Land Registration & Anor (Civil Appeal No. 16 of 2010)
  • C.R. Patel v Commissioner Land Registration & 2 Others (CS No. 87 of 2009)
  • Leads Insurance Limited v Insurance Regulatory Authority & Anor (CACA No. 237 of 2015)

Full judgment

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

Magezi v Commissioner Land Registration (Misc Cause No. 172 of 2017) [2022] UGHCCD 3 (23 February 2022)
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.