Murad Ali Samnani Sawjibhai v Lwanga Emmanuel Sunday and Others (Miscellaneous Cause No. 138 of 2025)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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

Held that where a purchaser has paid full consideration for land, taken possession, obtained a deed print, and the vendors have acknowledged receipt of payment but refuse to hand over the certificate of title to enable mutation as agreed, the court will order the vendors to deposit the original certificate of title with the purchaser within one month to enable mutation and processing of a new certificate of title for the purchased portion.

Outcome

Application granted with order compelling respondents to deposit certificate of title within one month to enable mutation

Facts

On 15 August 2025, the Applicant entered into a sale agreement with the 1st and 2nd Respondents to purchase 10 decimals of land partly comprised in Kyadondo Block 208, Plot 420 at Kawempe, Kampala District for UGX 100,000,000. The Applicant paid UGX 60,000,000 to the vendors and UGX 40,000,000 to a kibanja interest holder. The vendors acknowledged receipt by signing the agreement. The Applicant took possession and obtained a deed print. Clause 7 of the sale agreement required the vendors to hand over the certificate of title after the purchaser obtained deed prints to enable mutation. The vendors refused to hand over the mother title despite repeated requests. The Respondents were served through substituted service but did not appear or file affidavits in reply. The court proceeded exparte.

Issues

1. Whether the Applicant purchased the suit land from the 1st and 2nd Respondents.
2. What are the remedies available?

Orders

• Application allowed.
• The 1st and 2nd Respondents are ordered to deposit with the Applicant the original certificate of title for the land comprised in Kyadondo Block 208, Plot 420 at Kawempe in Kampala District within one month from the date of this Ruling to enable the Applicant mutate off his portion of the 10 decimals he purchased and process his certificate of title for the suit land.
• No order as to costs.

Rules and key headnotes

Legislation cited (6)

• Registration of Titles Act Cap 240 s.177
• Civil Procedure Act Cap 282 s.98
• Civil Procedure Rules SI 71-1 Order 52 Rule 1
• Civil Procedure Rules SI 71-1 Order 52 Rule 2
• Civil Procedure Rules SI 71-1 Order 52 Rule 3
• Civil Procedure Rules SI 71-1 Order 9 Rule 10

Cases cited (1)

• Akankwasa v Registrar of Titles (Miscellaneous Cause No. 33 of 2008)

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