Nankya Hasifa Namukasa v Ssemakula Yusuf (Miscellaneous Application No. 1715 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

The High Court held that an application for review of an Assistant Registrar's order under Section 82 of the Civil Procedure Act and Order 46 of the Civil Procedure Rules is incompetent when brought before a High Court Judge. The proper procedure for challenging a Registrar's order is by way of appeal or revision to a Judge under Order 50 rule 8 of the Civil Procedure Rules. A Judge sits in appellate or revisionary capacity over a Registrar, not as a reviewing authority under Order 46. The application was dismissed with costs.

Outcome

Application dismissed as incompetent for employing the wrong procedural vehicle

Facts

The Applicant, Nankya Hasifa Namukasa, is the registered proprietor of land comprised in Kyadondo Block 185 Plot 385 Namugongo, Kito village, Kira Municipality, Wakiso District. The Respondent, Ssemakula Yusuf, filed Civil Suit No. 1553 of 2023 claiming to be a bonafide purchaser of a kibanja interest in the suit land. On 6 March 2024, an Assistant Registrar granted the Respondent a temporary injunction in Miscellaneous Application No. 3894 of 2023 after a locus visit confirmed his possession. The Applicant was not a party to that application at the time. Subsequently, the Respondent discovered that the suit land had been transferred into the Applicant's names in 2024 despite existing court orders. The Applicant was later joined as a defendant to the main suit following a contempt application. The Applicant then filed this application seeking review of the Assistant Registrar's ruling and orders of 6 March 2024, arguing that the ruling was reached in ignorance of her lawful possession and interest in the suit land.

Issues

1. Whether the application for review of an Assistant Registrar's order is competent and maintainable before a High Court Judge.
2. Whether there exists sufficient cause to warrant review of the ruling and orders of His Worship Kagoda Ntende Samuel M. dated 6 March 2024 to define the status quo on the suit land comprised in Kyadondo Block 185 Plot 385 Namugongo, Kito village, Kira Municipality, Wakiso District.

Orders

• Application dismissed.
• Costs awarded to the Respondent.

Rules and key headnotes

Legislation cited (8)

• Judicature Act Cap 16 s.14
• Civil Procedure Act Cap 282 s.82
• Civil Procedure Act Cap 282 s.98
• Civil Procedure Rules Order 46 rule 1
• Civil Procedure Rules Order 46 rule 8
• Civil Procedure Rules Order 50 rule 8
• Civil Procedure Rules Order 52 rule 1
• Civil Procedure Rules Order 52 rule 3

Cases cited (2)

• Biyinzika Enterprises Ltd v Vitafoam (U) Ltd [2008] HCB 123
• Mugema George v Mungomba Moses and Another (Miscellaneous Application No. 063 of 2017)

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