Wakilii

Mukanza v Commissioner Land Registration (Miscellaneous Cause No. 75 of 2015)

High Court · [2016] UGHCLD 67 · 2016 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 s.167
Decision
Vesting order granted directing transfer of land into the names of the applicants as legal representatives of the deceased purchaser's estate

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court has jurisdiction to grant vesting orders under s.98 of the Civil Procedure Act where s.167 of the Registration of Titles Act sets out the conditions. A vesting order may be granted where land was purchased, the full purchase price was paid, the purchaser took possession with the vendor's acquiescence, and a transfer cannot be obtained because the vendor cannot be found. The applicants satisfied all statutory conditions and were granted the vesting order.

Outcome

Vesting order granted directing transfer of land into the names of the applicants as legal representatives of the deceased purchaser's estate

Facts

The late Hon. Justice Ignatius Mukanza purchased land comprised in Kyadondo Block 244 Plot 5984 at Kisugu from the registered proprietor Lukwago George on 26 June 2000 for Shs.45,000,000, which was paid in full. The deceased received the duplicate certificate of title and took immediate possession. The deceased died before completing the transfer process. The applicants, as administrators of the deceased's estate, remained in possession and placed a paying tenant on the land. Despite due diligence, the applicants could not locate the vendor to obtain a fresh transfer. The applicants approached the Commissioner for Land Registration on 30 June 2015 but were advised to seek an order from the High Court. The respondent did not appear at the hearing and ex-parte proceedings were allowed.

Issues

  1. Whether the applicants are entitled to a vesting order with respect to the suit land.
  2. Whether the High Court has jurisdiction to grant a vesting order under s.167 of the Registration of Titles Act.

Orders

  • Application allowed.
  • A vesting order is issued directing the Commissioner for Land Registration to transfer the suit property comprised in Kyadondo Block 244 Plot 5984 land at Kisugu into the names of the applicants as legal representatives of the estate of the late Hon. Justice Ignatius Mukanza.
  • The applicants to meet the costs of the application.

Rules and key headnotes

Land & Property — Vesting Orders — Conditions for Grant under Registration of Titles Act s.167
Before a court makes a vesting order under s.167 of the Registration of Titles Act, the following circumstances must be proved: that there has been a sale of land the title of which is registered under the Act; that the whole of the purchase price has been paid; that the purchaser or those claiming under him or her has taken possession of the land; that the entry into possession by the purchaser has been acquiesced in by the vendor or his or her representatives; and that a transfer has not been executed and cannot be obtained because the vendor is dead, residing out of jurisdiction, or cannot be found.
Administrative Law — Jurisdiction — High Court's Power to Grant Vesting Orders
Although s.167 of the Registration of Titles Act vests powers to grant vesting orders in the Registrar of Titles, the High Court has jurisdiction to entertain applications for vesting orders under s.98 of the Civil Procedure Act, with s.167 demonstrating the conditions required to grant such an order.
Land & Property — Vesting Orders — Proof of Possession and Acquiescence
Possession by a purchaser may be evidenced by continued occupation and the letting out of premises to a paying tenant. Acquiescence by the vendor or his legal representatives may be inferred where they hold the duplicate certificate of title and there is no documented contest to the purchaser's possession.

Legislation cited (3)

Cases cited (2)

  • Re Ivan Mutaka [1980] HCB 27
  • Ronald Aine v Commissioner for Land Registration (Miscellaneous Cause No. 90 of 2013)

Full judgment

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

Mukanza v Commissioner Land Registration (Miscellaneous Cause No. 75 of 2015) [2016] UGHCLD 67 (14 July 2016)
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.