Wakilii

Mukuba v Kiyimba Lubega (Miscellaneous Cause No 107 of 2022)

High Court · [2023] UGHCLD 38 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for severance of joint tenancy under Article 26 of the Constitution, Section 33 of the Judicature Act, Section 98 of the Civil Procedure Act, and Order 52 rules 1 & 2 of the Civil Procedure Rules
Decision
Joint tenancy severed; land subdivided with separate titles issued to each party for their respective portions

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where two persons are registered as joint proprietors under the Registration of Titles Act they are deemed joint tenants. A joint tenancy may be severed by course of dealing where the conduct of the parties shows they intend to hold as tenants in common. Where one party solely developed part of jointly owned land without contribution from the other, and the parties' dealings showed they no longer desired joint ownership, the court ordered severance and subdivision with each party receiving a separate title for their respective portions.

Outcome

Joint tenancy severed; land subdivided with separate titles issued to each party for their respective portions

Facts

The applicant and respondent were registered as joint owners of land measuring 0.121 hectares (30 decimals) at Lukuli, Kyadondo. The applicant, who resides in the United States, solely funded the construction of five rental units occupying approximately 16 decimals of the land without any contribution from the respondent. The respondent occupied one of the rental units without paying rent and operated a carpentry business on the undeveloped lower section of the land. The applicant paid all taxes and maintenance costs for the rental units. The applicant sought to sever the joint tenancy so that each party could acquire a separate certificate of title. The respondent opposed the application. A locus visit confirmed the applicant's development of the rental units and the respondent's use of the undeveloped portion.

Issues

  1. Whether the suit land is held in joint tenancy by the applicant and the respondent.
  2. Whether there are grounds that merit severance of the joint tenancy.
  3. What are the remedies available to the parties?

Orders

  • An order severing the joint tenancy between the applicant and the respondent in the suit land.
  • A declaration that the applicant is entitled to ownership of a portion of the suit land occupied by the rental units measuring approximately 16 decimals.
  • An order directing the Commissioner for Land Registration to sub-divide land comprised in Block 253 Plot 1223, land at Lukuli, Kyadondo, Ssabagabo measuring approximately 0.121 hectares (30 decimals), and process two certificates of title: firstly, a title deed for the applicant in respect of a portion of land currently occupied by rental units (measuring approximately 16 decimals); and secondly, a title deed for the respondent in respect of the remainder of the portion of land currently utilised for carpentry business (measuring approximately 14 decimals).
  • An order that each party bears its own costs of the suit.

Rules and key headnotes

Land & Property — Joint Tenancy — Statutory Presumption — Registration of Titles Act
Two or more persons who are registered as joint proprietors of land under the Registration of Titles Act are deemed to be entitled to the land as joint tenants, and where legal title is vested in two or more persons they are presumed to be joint tenants.
Land & Property — Joint Tenancy — Severance — Common Law Principles
Where the Registration of Titles Act does not provide for ways through which a joint tenancy can be severed, common law principles and doctrines of equity apply, and a joint tenancy may be severed in three ways: by an act of any one of the joint tenants; by mutual agreement; or by a course of dealing between the joint tenants that leads to the inevitable conclusion that their interests are severed.
Land & Property — Joint Tenancy — Severance by Course of Dealing — Test
Severance by a course of dealing depends upon the inferences drawn from conduct where there is no express act of severance, and requires a course of dealing by which the shares of all parties have been affected and acts and dealings with the property that indicate an intention that they should hold in common rather than jointly.
Land & Property — Joint Tenancy — Severance — Sole Development by One Party
Where one joint tenant solely funds the development of part of jointly owned land without any contribution from the other joint tenant, and the parties' conduct shows that one party desires that the property should no longer be held jointly but be held in common, the court may order severance of the joint tenancy and subdivision of the land with each party receiving a separate certificate of title for their respective portions.

Legislation cited (7)

Cases cited (3)

  • Williams v Hensman (1861) 1 J & H 546
  • Zachary John Olum v Bongomin John Odora & 4 others (Civil Application No. 120 of 2015)
  • David Dunbabin v David Dunbabin [2022] EWHC 241 (Ch)

Full judgment

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

Mukuba v Kiyimba Lubega (Miscellaneous Cause No 107 of 2022) 2023 UGHCLD 38 (11 January 2023)
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.