Wakilii

Mubiru v Kiwanuka (misc .cause. no.21 of 2008)

High Court · [2009] UGHC 252 · 2009 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for vesting order under Registration of Titles Act following death of vendor and purchaser before transfer could be completed
Decision
Vesting order granted vesting 20 acres in the applicant's estate

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a vesting order under section 167 of the Registration of Titles Act to vest 20 acres in the applicant's estate where the court was satisfied that the land had been sold, the purchase price paid in full, the purchaser had taken possession with the vendor's acquiescence, and both vendor and purchaser had died before transfer forms could be executed. The court found that the applicant satisfied all statutory requirements for a vesting order despite the respondent's challenge to the authenticity of the sale agreement.

Outcome

Vesting order granted vesting 20 acres in the applicant's estate

Facts

Leonard Mubiru, administrator of his late father Emmanuel Mubiru's estate, applied for a vesting order for 20 acres of land comprised in Busiro Block 383 Plot 56. The late Emmanuel Mubiru, originally a kibanja holder, purchased the registered mailo interest from the late Yayeri Kivefumbiro in 1985 for Ug. Shs. 2,000,000. The transaction was witnessed by Peter Kiyingi (local council representative), Daniel Galiwango, and Kaliba Kilagga (vendor's brother). Both vendor and purchaser died in 1987 before subdivision and transfer could be completed. The purchaser and his family remained in continuous possession, growing subsistence crops and eucalyptus trees. George William Kiwanuka, the vendor's son and administrator of her estate, opposed the application, challenging the authenticity of the sale agreement and alleging the signature differed from his mother's specimen signature.

Issues

  1. Whether Yayeri Kivefumbiro, the registered proprietor, sold the land in issue to Emmanuel Mubiru.
  2. Whether the whole of the purchase price was paid.
  3. Whether the purchaser or those claiming under him took possession of the disputed land.
  4. Whether the vendor or her representatives acquiesced to the purchaser's taking possession.
  5. Whether transfer forms and mutation forms could not be obtained.

Orders

  • Application granted.
  • Vesting order issues for the transfer of 20 acres of land on part of land comprised in Busiro Block 383 Plot 56 at Kitende to be vested in the Applicant.
  • Parties to bear own costs.

Rules and key headnotes

Registration of Titles — Vesting Orders — Requirements under Section 167
Before the court can make a vesting order under section 167 of the Registration of Titles Act, the following circumstances must be proved: (a) that there has been a sale of land the title of which is registered under the Act; (b) that the whole of the purchase price has been paid; (c) that the purchaser or those claiming under him has taken possession of the land; (d) that entry into possession by the purchaser has been acquiesced in by the vendor or his or her representatives; and (e) that a transfer has not been executed and cannot be obtained because the vendor is dead, or is residing out of jurisdiction, or cannot be found.
Documentary Evidence — Authentication — Burden of Proof
Where a party challenges the authenticity of a signature on a document by alleging it differs from a specimen signature, the burden shifts to that party to prove the signature is not genuine, and the party must adduce expert evidence or other cogent evidence to discharge that burden.
Signature and Thumb Print — Concurrent Use
It is not a legal requirement that a person who knows how to write cannot thumb print at the same time. In fact, doing both creates more authenticity than only signing.
Possession — What Constitutes Possession
To establish possession of land, it is not necessary for a claimant to take some active step in relation to the land such as enclosing the land or cultivating it; however, the type of conduct which indicates possession varies with the type of land. Possession means only the slightest amount of possession. The conduct of growing permanent trees on land signifies ultimate possession of land by the purchaser.
Vesting Orders — Acquiescence
Acquiescence by a vendor or her representatives to a purchaser's possession can be inferred from the absence of any objection to the purchaser's possession or any attempt to remove the purchaser or their permanent crops from the land.

Legislation cited (5)

Cases cited (5)

  • Re Ivan Mutaka [1980] HCB 27
  • Aida Najjemba v Esther Mpagi (Civil Appeal No. 74 of 2005)
  • Yoswa Kityo v Eriya Kaddu [1982] HCB 58
  • Pontsiano Ssali v Gerald Kibirango [1992-93] HCB 216
  • NH & CC v Kampala District Land Board and Chemical Distributors (Court of Appeal Civil Appeal No. 43 of 2002)

Full judgment

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

Mubiru v Kiwanuka (misc .cause. no.21 of 2008) [2009] UGHC 252 (10 July 2009)
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.