Wakilii

Mayombwe & 11 Others v Wamala (Miscellaneous Application 97 of 1993)

High Court · [1993] UGHC 71 · 1993 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for order to delay registration of transfer under Registration of Titles Act s.149
Decision
Order granted delaying registration of transfer pending determination of HCCS No. 750 of 1991

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted an order delaying registration of transfer of land comprised in former mailo Register Bulemezi Block 152. The applicants were beneficiaries under a will who had lodged a caveat and commenced suit against the respondent executor. The court found uncontroverted evidence that unless the order was granted, the applicants would suffer irreparably if the subject matter was alienated while HCCS No. 750 of 1991 remained pending.

Outcome

Order granted delaying registration of transfer pending determination of HCCS No. 750 of 1991

Facts

The applicants were beneficiaries under a will. On 7 November 1949, the respondent was granted a certificate of succession as successor and executor of the deceased's will. Under the will and distribution scheme, the respondent was entitled to only 60 acres of land measuring approximately 1441.6 acres, holding the residual land in trust to distribute evenly among the applicants as beneficiaries. The respondent fraudulently transferred the residual land into his own name and presented a letter to the Registrar of Titles purportedly from the Lukiiko for registration, despite having already received certificate of succession No. 11875 dated 7 November 1949 entitling him to only 60 acres. The applicants lodged a caveat on the suit land and filed HCCS No. 750 of 1991. The Registrar of Titles served the applicants with sixty days notice dated 11 May 1993 of a lodgment of dealing with the property.

Issues

  1. Whether the court should grant an order delaying registration of transfer of land where caveators claim beneficial interest under a will and a related civil suit is pending.

Orders

  • The Registrar of Titles Bukalasa do delay the registration of the transfer and or any other dealing with the property comprised in former Mailo Register Bulemezi Block No. 152 plot Nos. 22, 23, 24, 26, 27, 30, 35 and 43 land at Sempa Mutuba II Luwero District.
  • Costs of this application be in the cause.

Rules and key headnotes

Land Registration — Caveats — Power of Court to Delay Registration Pending Resolution of Dispute
Under section 149 of the Registration of Titles Act, the court has power to order the Registrar of Titles to delay registration of a transfer or other dealing with land where caveators have lodged a caveat claiming beneficial interest and a related civil suit is pending, to prevent irreparable harm pending determination of the substantive dispute.
Executors — Breach of Trust — Fraudulent Transfer of Estate Property
Where an executor holds land in trust for beneficiaries under a will and distribution scheme but fraudulently transfers that land into his own name contrary to the terms of the trust, the court will grant relief to protect the beneficiaries' interests pending determination of the substantive claim.

Legislation cited (5)

Full judgment

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

Mayombwe & 11 Others v Wamala (Miscellaneous Application 97 of 1993) [1993] UGHC 71 (26 August 1993)
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.