Wakilii

Mulindwa v Commissioner Land Registration (Miscellaneous Cause 13 of 2022)

High Court · [2023] UGHC 413 · 2023 Application Dismissed 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
Application dismissed for insufficient evidence

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for vesting order dismissed for lack of sufficient evidence. The applicant claimed the deceased registered proprietor gifted him land through a deed of donation but failed to produce the deed or adduce evidence proving delivery, acceptance, or possession. The court held that a vesting order cannot be granted without sufficient evidence of a completed gift inter vivos, and that beneficiaries or legal representatives of the deceased should be served in such applications.

Outcome

Application dismissed for insufficient evidence

Facts

The applicant sought a vesting order for land comprised in Buddu Block 325 Plots 1804, 1805 and 1806, registered in the name of the late John Bosco Lubuuka. The applicant claimed that the deceased donated two acres to him through a deed of donation during the deceased's lifetime, and that he was already in occupation as a kibanja holder. The applicant stated the deceased passed away before completing the transfer and that he did not know which family member held the duplicate certificate of title. The applicant claimed he and his family had been in possession and carried out developments acquiesced to by the deceased. No affidavit in reply was filed by the respondent Commissioner Land Registration. Neither party filed written submissions.

Issues

  1. Whether the applicant adduced sufficient evidence to warrant the grant of a vesting order under Registration of Titles Act s.167.
  2. Whether a gift inter vivos was validly made by the deceased registered proprietor to the applicant.
  3. Whether the applicant proved delivery, acceptance, and possession of the gifted land.

Orders

  • Application dismissed.
  • Each party to bear its own costs.

Rules and key headnotes

Land & Property — Vesting Orders — Requirements under Registration of Titles Act s.167
For a vesting order to be granted under Registration of Titles Act s.167, the land must be registered under the Act, the purchaser must have paid the whole price to the vendor, the purchaser or those claiming under him must have taken possession, the entry into possession must have been acquiesced in by the vendor or his representative, and the transfer has not been executed because the vendor is dead, residing out of jurisdiction, or cannot be found.
Land & Property — Gifts Inter Vivos — Application of Vesting Order Provisions
Where a donee receives land as a gift inter vivos but the registered proprietor was unable to fully transfer the land into the donee's names, the donee acquires an equitable interest in the land and may apply under Registration of Titles Act s.167 for a vesting order because their interest ranks pari passu with that of a purchaser.
Land & Property — Gifts Inter Vivos — Requirements for Completion
For a gift of personal property to be complete, the donor must intend to give the gift, the donor must deliver the property to the donee, and the donee must accept the gift and take possession of it.
Evidence — Burden of Proof — Vesting Orders Based on Gifts Inter Vivos
An applicant seeking a vesting order on the basis of a gift inter vivos must adduce sufficient evidence to prove that the gift was made, that the donor delivered the property, and that the applicant accepted and took possession of the property. Mere assertion without supporting evidence is insufficient.
Succession & Estates — Property of Deceased Persons — Service on Beneficiaries in Vesting Order Applications
In applications for vesting orders involving land of a deceased person, it is ideal to serve the application on the beneficiaries, relatives, or legal representative of the deceased so that they are aware and may confirm or deny that a gift inter vivos was made, as property of a deceased person is often subject to multiple interests.

Legislation cited (6)

Cases cited (2)

  • Aida Najjemba v Esther Mpagi (Court of Appeal Civil Appeal No. 74 of 2005)
  • William Kalule v Nassozi Norah and Another (Court of Appeal Civil Appeal No. 29 of 2014)

Full judgment

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

Mulindwa v Commissioner Land Registration (Miscellaneous Cause 13 of 2022) [2023] UGHC 413 (10 August 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.