Wakilii

Nanteza v Commissioner Land Registration (Miscellaneous Cause No. 79 of 2020)

High Court · [2021] UGHCLD 100 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for an order of mandamus to compel Commissioner to issue special certificate of title
Decision
Order of mandamus issued compelling Commissioner to complete registration process and issue special certificate of title to the applicant as administrator.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where an administrator of an estate has complied with all statutory requirements under s.70 of the Registration of Titles Act for issuance of a special certificate of title, including publication in the Uganda Gazette and expiry of the notice period without objection, the Commissioner has a clear statutory duty to complete the registration process. Where a clear legal right exists in the applicant and a corresponding statutory duty in the respondent with no viable alternative remedy, mandamus will issue to compel performance of that duty. Application granted.

Outcome

Order of mandamus issued compelling Commissioner to complete registration process and issue special certificate of title to the applicant as administrator.

Facts

The applicant is the sole surviving administrator of the estate of the late Hannington Bukulu Kiwanuka Mukasa, the registered proprietor of land at Kyadondo Block 258, Plot 1, Bulinguge Island. Letters of administration were issued on 10 February 1986 appointing the applicant together with two co-administrators, both of whom had since died. The applicant applied to the Commissioner, Land Registration for a special certificate of title as the duplicate certificate could not be traced. She submitted all required documents including a statutory declaration and paid the requisite fees. The Commissioner caused notice to be published in the Uganda Gazette on 10 January 2020. More than one year elapsed without objection, but the Commissioner failed to complete the registration process and issue the special certificate. The application was unopposed, the Commissioner filing no response.

Issues

  1. Whether the applicant is entitled to an order of mandamus compelling the Commissioner, Land Registration to issue a special certificate of title.
  2. Whether the requirements under the Registration of Titles Act s.70 for issuance of a special certificate of title have been satisfied.

Orders

  • Writ of mandamus issued to compel the respondent to note the applicant on the certificate of title as the administrator of the estate of the late Hannington Bukulu Kiwanuka Mukasa.
  • Writ of mandamus issued to compel the respondent to issue the applicant with a special certificate of title in respect of the suit land, Kyadondo Block 258, Plot 1, Bulinguge Island.
  • Respondent to meet the costs of the application.

Rules and key headnotes

Judicial Review — Mandamus — Requirements for Issuance
To obtain a writ of mandamus, an applicant must demonstrate that a clear legal right exists in the applicant and a corresponding duty in the respondent; that a specific act required by law has been omitted; and that there is no alternative remedy or the existing alternative is inconvenient, less beneficial, less effective or totally ineffective.
Administration of Estates — Vesting of Power in Surviving Administrator
Where letters of administration have been granted jointly to several persons and one or more of them dies, all the powers of the office vest in the survivor or survivors by operation of section 273 of the Succession Act Cap.162.
Registration of Titles — Special Certificate of Title — Statutory Procedure
Under section 70 of the Registration of Titles Act, where a duplicate certificate of title is lost or destroyed and the applicant makes a statutory declaration and the registrar is satisfied as to its truth and the bonafides of the transaction, the registrar shall issue a special certificate of title after giving at least one month's notice in the Uganda Gazette. Where all statutory requirements including gazette publication and expiry of the notice period have been complied with without objection, the registrar's duty to issue the certificate becomes mandatory.
Registration of Titles — Administrator's Right to Registration
Under section 134 of the Registration of Titles Act, upon receipt of a certified copy of a grant of letters of administration, the registrar must enter in the register book and on the duplicate certificate the name of the administrator of the estate and perform all other specified acts. An administrator who is the legal representative of a deceased registered proprietor is entitled to be registered as proprietor.

Legislation cited (6)

Cases cited (4)

  • FJ K Zaabwe v Orient Bank & 5 Others (SCCA No. 4 of 2006)
  • George William Kakoma v Attorney General [2010] HCB 1
  • Southern Range Nyanza Ltd v Attorney General & 2 Others (Miscellaneous Application No. 2157 of 2016)
  • Nampango & Another v Attorney General (HCCMA No. 48 of 2009)

Full judgment

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

Nanteza_v_Commissioner_Land_Registration_(Miscellaneous_Cause_No._79_of_2020)_[2021]_UGHCLD_100_(16_August_2021)
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.