Wakilii

Namasalwa v Commissioner Land Registration (Civil Miscellaneous Application 5 of 2024)

High Court · [2024] UGHC 696 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for vesting order under Section 167 of the Registration of Titles Act
Decision
Vesting order granted; applicant registered as proprietor

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a purchaser bought land in 1971, paid the full purchase price, took possession and remained in uninterrupted occupation for over 50 years, but the vendor died before executing a transfer, the applicant satisfied all conditions under Section 167 of the Registration of Titles Act for a vesting order. Court granted the vesting order directing the Commissioner to register the applicant as proprietor and issue a special certificate of title.

Outcome

Vesting order granted; applicant registered as proprietor

Facts

The applicant purchased land comprised in Mawokota Block 12 Plot 5 from Yosefu Semakobe on 16 May 1971 for UGX 800. A sale agreement was executed and the consideration was paid in full. The applicant took immediate possession and has remained on the land continuously since 1971, cultivating it and maintaining a residential house. His occupation has been unchallenged and uninterrupted. The vendor, Semakobe, died in 1985 before a transfer could be executed. The land remained registered in Semakobe's name. The applicant applied to the Commissioner Land Registration for transfer but was advised to proceed to court. A search confirmed Semakobe as registered proprietor since 1956 with no encumbrances. The whereabouts of the vendor's relatives are unknown.

Issues

  1. Whether the application is a proper case for issuing a vesting order under Section 167 of the Registration of Titles Act.

Orders

  • A vesting order is issued in favour of the applicant in respect of land title comprised in Mpigi, Mawokota, Block 12 Plot 5.
  • The respondent is ordered to enter the applicant's name in the register as the registered proprietor of the land.
  • The respondent is ordered to issue a special certificate of title in respect of land at Mawokota, Block 12 Plot 5.
  • The applicant is to meet the costs of the transfer and of this application.

Rules and key headnotes

Land & Property — Vesting Orders — Conditions under Registration of Titles Act s.167
A vesting order under Section 167 of the Registration of Titles Act may be granted where the purchaser proves that land has been sold, the whole purchase price paid, the purchaser has taken possession which has been acquiesced in by the vendor or representatives, and a transfer cannot be obtained because the vendor is dead, residing out of jurisdiction, or cannot be found.
Civil Procedure — Vesting Orders — Procedural Prerequisites — Application to Commissioner First
Before invoking the inherent jurisdiction of the High Court under Section 98 of the Civil Procedure Act in an application for a vesting order, the applicant must first apply to the Commissioner Land Registration who must have declined to exercise powers under Section 167 of the Registration of Titles Act. This is a procedural prerequisite.
Land & Property — Vesting Orders — Proof of Long Uninterrupted Possession
Where a purchaser has been in continuous, peaceful and uninterrupted possession of land for over 50 years following purchase, this constitutes strong evidence of acquiescence by the vendor and supports the grant of a vesting order where the vendor died before executing a transfer.

Legislation cited (5)

Cases cited (2)

  • Aida Najjemba v Ester Mpagi (Miscellaneous Application No. 74 of 2005)
  • Mutyabe v Kayimbye and Another (Miscellaneous Cause No. 40 of 2018)

Full judgment

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

Namasalwa v Commissioner Land Registration (Civil Miscellaneous Application 5 of 2024) [2024] UGHC 696 (13 June 2024)
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.