Mash Investments Ltd v Registrar of Titles (Miscellaneous Cause No. 0011 of 2011)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Where land has been sold pursuant to a court order and the sale has been judicially confirmed, and the registered proprietors have received the proceeds but refuse to hand over or transfer the certificate of title, the High Court may under s.177 of the Registration of Titles Act order the Registrar to issue a special certificate of title in the purchaser's name. This is the only method prescribed by law for executing orders or decrees relating to registered land.
Outcome
Special certificate of title issued to the applicant; property vested in the applicant
Facts
The applicant purchased Plot 21A Folio 17 Volume 2668 Cathedral Avenue, Mbale Municipality pursuant to a consent judgment dated 24 May 2009 and decree dated 13 August 2009 in Civil Suit No. 0095 of 2005. The applicant paid the full purchase price of UGX 501,000,000 to Wamono Atibu, Wamono Aida Nagudi, and other beneficiaries of the estate of the late Yahaya Wamono. The vendors challenged the sale in court but lost. The sale was declared legal and lawful, and that order was never set aside or varied. The beneficiaries received their respective shares of the proceeds. However, the vendors disappeared and refused to hand over or transfer the certificate of title to the applicant. Consequently, the applicant was denied rent from the premises on the ground that he did not hold a certificate of title. The applicant applied to court under s.177 of the Registration of Titles Act for orders directing the Registrar to issue a special certificate of title in the applicant's name.
Issues
- Whether the applicant, having purchased land through a court-ordered sale, is entitled to orders directing the Registrar of Titles to issue a special certificate of title in the applicant's name where the registered proprietors have disappeared and refuse to transfer the certificate.
Orders
- Application granted.
- The Registrar of Titles to issue a special certificate of title in respect of Plot 21A Folio 17 Volume 2668 Cathedral Avenue, Mbale Municipality to the applicant, Mash Investments Limited.
- The Registrar of Titles to delete the entry on the certificate of title of the names Wamono Atibu and Wamono Aida Nagudi and substitute therefor the names Mash Investments Limited and make entry of the latter in the Register Book.
- The property or interest in Plot 21A Folio 17 Volume 2668 Cathedral Avenue shall henceforth vest in the applicant.
- Each party to meet its own costs.
Rules and key headnotes
Legislation cited (5)
- Registration of Titles Act s.177
- Registration of Titles Act s.71
- Registration of Titles Act s.78
- Civil Procedure Act s.98
- Civil Procedure Rules O.52 rr.1, 2, 3
Cases cited (1)
- Andrea Lwanga v Registrar of Titles [1980]
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.