Wakilii

Nkoyoyo Christopher and Kagwa Godfrey v Commissioner Land Registration (Civil Appeal 2 of 2022)

High Court · [2023] UGHC 512 · 2023 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated appeals from the decision of the Commissioner Land Registration cancelling the appellants' certificate of title
Decision
Appellants' certificate of title remained cancelled; Commissioner's decision upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the consolidated appeals, holding that the Commissioner Land Registration acted within his jurisdiction under Section 91 of the Land Amendment Act 2004 in cancelling the appellants' certificate of title for Bulemezi Block 536 Plot 3, which had been issued in error and illegally. The court found that a valid certificate of title for the same property existed in the name of Christopher Obey and was subject to a court preservation order. The appellants received proper notice and one was represented at the hearing.

Outcome

Appellants' certificate of title remained cancelled; Commissioner's decision upheld

Facts

Nkoyoyo Christopher and Kagwa Godfrey were registered as joint proprietors of Bulemezi Block 536 Plot 3 on 24 November 2020, having purchased the land from Lugolobi Charles and Mpagi Fred after conducting a search at the land registry. The land had originally been registered to Kirwana Sozi Justine Samuel as administrator of the estate of late Vikito Nakibirango. On 11 August 2021, the Office of the DPP wrote to the Commissioner Land Registration stating that another certificate of title existed for the same property in the name of Christopher Obey, which was in custody of the DPP following Obey's conviction in the Anti-Corruption Court. A court preservation order had been registered on 7 May 2018 restraining dealings with Obey's property. The Commissioner found that Kirwana had falsely reported his certificate destroyed and obtained a new certificate, which was then transferred to the appellants. On 26 October 2021, after hearing counsel for Kagwa, the Commissioner cancelled the appellants' certificate and reinstated Obey's.

Issues

  1. Whether the Commissioner Land Registration had jurisdiction to cancel the appellants' certificate of title on grounds of fraud, illegality, or error under Section 91 of the Land Act.
  2. Whether the appellants were bona fide purchasers for value without notice.
  3. Whether the Commissioner denied the appellants the right to a fair hearing by failing to give proper notice.
  4. Whether the Commissioner properly communicated his decision to the appellants.

Orders

  • The two consolidated appeals are dismissed.
  • No order as to costs.

Rules and key headnotes

Land Registration — Commissioner's Powers — Cancellation of Certificate of Title for Error or Illegality
Under Section 91 of the Land Amendment Act 2004, the Commissioner Land Registration has jurisdiction to cancel a certificate of title that was illegally obtained or issued in error, without the need to establish fraud, after giving parties 21 days' notice and applying rules of natural justice.
Land Registration — Duplicate Certificate — Section 70 Registration of Titles Act Requirements
Where a registrar issues a new certificate of title under Section 70 of the Registration of Titles Act on the basis of a statutory declaration that a certificate has been destroyed, but the original certificate remains in existence and registered to a different proprietor, the new certificate is issued in error and may be cancelled by the Commissioner.
Natural Justice — Notice — Service at Registered Address
The Commissioner Land Registration satisfies the requirement to give notice under Section 91(8) of the Land Act by serving parties at their postal addresses as they appear on the certificate of title, and where one joint proprietor is represented at the hearing, the other joint proprietor is deemed to be adequately represented.
Quasi-Judicial Bodies — Commissioner Land Registration — Rules of Evidence
Under Section 91(2a) of the Land Amendment Act 2004, the Commissioner Land Registration exercising quasi-judicial powers is not bound by the rules of evidence applicable in formal courts.
Appeals — First Appellate Court — Duty to Re-evaluate Evidence
On a first appeal from the decision of the Commissioner Land Registration sitting in a quasi-judicial capacity, the High Court must re-evaluate the material on which the Commissioner relied and arrive at its own conclusions on issues of fact and law.

Legislation cited (10)

  • Land Act Cap.227 s.91(1)
  • Land Act Cap.227 s.91(2)
  • Land Act Cap.227 s.91(2a)
  • Land Act Cap.227 s.91(8)
  • Land Amendment Act 2004 s.91
  • Land Amendment Act 2004 s.91(2a)
  • Registration of Titles Act Cap.230 s.70
  • Judicature Act Cap.13 s.33
  • Civil Procedure Act s.98
  • Evidence Act Cap.6 s.101(1)

Cases cited (3)

Full judgment

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Nkoyoyo Christopher and Kagwa Godfrey v Commissioner Land Registration (Civil Appeal 2 of 2022) [2023] UGHC 512 (26 April 2023)
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.