Wakilii

Musimenta V Commissioner for Land Registration (Misc. Cause No. 062 of 2019)

High Court · [2019] UGHCLD 40 · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by notice of motion for a vesting order under Section 167 of the Registration of Titles Act
Decision
Vesting order granted directing Commissioner for Land Registration to vest the suit land in the applicant's name

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a purchaser has paid the full purchase price, taken possession with the vendor's acquiescence, but cannot obtain a transfer because the registered proprietor is dead, the court may exercise inherent jurisdiction under Section 98 Civil Procedure Act to grant a vesting order after the Commissioner for Land Registration has declined. The court found all statutory conditions under Section 167 Registration of Titles Act satisfied and ordered the land vested in the applicant's name.

Outcome

Vesting order granted directing Commissioner for Land Registration to vest the suit land in the applicant's name

Facts

The applicant purchased both leasehold and mailo interests in land on 4 January 2012 from Kamenge Dieudonne, paying the full purchase price. Kamenge Dieudonne held equitable ownership and provided a duplicate certificate of title and transfer forms signed by the registered proprietor, Settenda Ahmed. The applicant took immediate possession unchallenged. Kamenge Dieudonne, being a Burundian national at the time, could not transfer the mailo interest. The parties agreed transfer would occur after he acquired Ugandan citizenship. He obtained citizenship on 6 July 2018, but the original transfer forms could not be traced. Settenda Ahmed had died, making execution of fresh transfer forms impossible. The applicant applied to the Commissioner for Land Registration for a vesting order but was refused, prompting this court application.

Issues

  1. Whether the court should exercise its inherent jurisdiction under Section 98 Civil Procedure Act to grant a vesting order where the Commissioner for Land Registration declined to do so.
  2. Whether the applicant satisfied the statutory conditions under Section 167 Registration of Titles Act for a vesting order.

Orders

  • The Respondent to vest land comprised in Private Mailo Kyadondo Block 94 Plot 195 and 58 at Kata into the Applicant.
  • The Applicant to meet all fees necessary for vesting the suit land into her names.
  • The Applicant to meet costs of this application.

Rules and key headnotes

Vesting Orders — Conditions for Grant under Section 167 Registration of Titles Act
Before the court may exercise inherent jurisdiction under Section 98 Civil Procedure Act to grant a vesting order, the applicant must first have applied to the Commissioner for Land Registration, who must have declined to exercise powers under Section 167 Registration of Titles Act.
Vesting Orders — Statutory Prerequisites for Grant
A vesting order may be granted where: (1) the land is registered under the Registration of Titles Act and the purchaser paid the full purchase price; (2) the purchaser or those claiming under them have taken possession; (3) entry has been acquiesced in by the vendor or their representative; and (4) the transfer has not been executed because the vendor is dead, residing outside the jurisdiction, or cannot be found.
Foreign Nationals — Land Ownership Restrictions
Where a foreign national holds equitable ownership of mailo land but cannot transfer legal title due to citizenship restrictions, the parties may agree that transfer will occur upon the vendor acquiring Ugandan citizenship, with intermediate arrangements such as leasehold transfers to protect the purchaser's interest.

Legislation cited (5)

Cases cited (1)

  • Najjemba v Mpagi (Court of Appeal Civil Appeal No. 74 of 2005)

Full judgment

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

Musimenta_V_Commissioner_for_Land_Registration_(Misc._Cause_No._062_of_2019)_[2019]_UGHCLD_40_(26_August_2019)
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.