Mubiru Christopher and Others v Baliyanja Robert (Miscellaneous Cause No. 009 of 2024)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court granted consequential orders under section 177 of the Registration of Titles Act directing cancellation of the respondent's certificate of title and restoration of the third applicant's name as registered proprietor. The court held that where land has been recovered through a valid judgment of a competent court, the High Court has power to order cancellation of a fraudulently obtained certificate of title. The application proceeded ex parte as the respondent failed to file an affidavit in reply despite service.

Outcome

Certificate of title cancelled and land restored to third applicant as registered proprietor

Facts

The first and second applicants are beneficial equitable owners of land comprised in Bulemezi Block 59 plot 170 measuring approximately 1.1250 hectares, registered in the respondent's name. The applicants sued the respondent in the Chief Magistrate's Court at Wobulenzi seeking declarations that the suit kibanja formed part of the estate of late Lazaro Gavamukulya and that the respondent's purchase of the mailo interest was unlawful and fraudulent. On 2 November 2017, the trial court passed judgment in favour of the applicants and issued a decree directing that consequential orders be made to the High Court for cancellation of the respondent's certificate of title. The respondent appealed to the High Court but the appeal was dismissed by Justice Keitirima on 22 June 2022. The applicants lodged a caveat on the land to protect their beneficial interest.

Issues

1. Whether the application for consequential orders is properly before the court and should be granted.
2. What remedies are available to the applicants.

Orders

• Application allowed.
• Respondent directed to hand over duplicate certificate of title for land comprised in Bulemezi Block 59 plot 170 for cancellation by the Commissioner Land Registration within seven days.
• In default, Commissioner Land Registration directed to cancel the respondent's name from the certificate of title.
• Commissioner Land Registration directed to restore the name of the third applicant Seluwu John Sengonzi as registered proprietor and issue him with a duplicate certificate of title.
• Each party to bear its own costs.

Rules and key headnotes

Legislation cited (5)

• Registration of Titles Act Cap 230 s.177
• Civil Procedure Act Cap 71 s.98
• Civil Procedure Rules O.52 r.1
• Civil Procedure Rules O.52 r.3
• Civil Procedure Rules O.9 r.20(1)

Cases cited (4)

• Musa Sbeity and Another v Akello Joan (HCMA No. 249 of 2018)
• Simon Independence v Julius Sekitende and Another (HC Misc. Application No. 52 of 2023)
• Park Royal v Uganda Land Commission and Others (Miscellaneous Cause No. 46 of 2014)
• Kalibbala and Another v Attorney General (Miscellaneous Application No. 070 of 2015)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Greater Busoga Sugarcane Growers Co-operative Union v The Chairman Board of Directors, Uganda Development Corporation & 3 Others (Miscellaneous Application 129 of 2024)

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