Wakilii

Oine v Commissioner Land Registration (Miscillenous Cause No. 90 of 2013)

High Court · [2014] UGHCLD 18 · 2014 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for vesting order under Section 167 RTA following purchase of registered land where vendors cannot be found
Decision
Vesting order granted directing the Commissioner for Land Registration to transfer the land into the applicant's name

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.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that a vesting order may be granted where a purchaser has paid the full purchase price, taken possession with the vendor's acquiescence, but cannot obtain a transfer because the vendors cannot be found. The Court must be satisfied that the Registrar was approached first and declined to exercise powers under Section 167 RTA. Court grants vesting orders under its inherent power pursuant to Section 98 CPA, not directly under Section 167 which empowers the Registrar.

Outcome

Vesting order granted directing the Commissioner for Land Registration to transfer the land into the applicant's name

Facts

In 2006, Ronald Oine purchased land comprised in Block 1 Plot 244 Ankole, Sheema from the children of the deceased registered proprietor Kagwisa, who had died in 1993. Oine paid the full purchase price of UGX 6,000,000 and was handed the Certificate of Title. He took possession of the land and has remained in possession since 2006. The vendors handed over vacant possession but their whereabouts subsequently became unknown. Oine was unable to obtain a transfer of the property into his name due to the vendors' disappearance. He approached the Commissioner for Land Registration for a vesting order but was advised to apply to the High Court.

Issues

  1. Whether this is a proper case for which a vesting order should be issued under Section 167 of the Registration of Titles Act

Orders

  • The Commissioner for Land Registration/Registrar of Titles is hereby directed to vest land comprised in Block 1 Plot 244 land at Ankole, Sheema into the names of OINE RONALD, the Applicant.
  • Each party will bear its own costs.

Rules and key headnotes

Land & Property — Vesting Orders — Statutory Prerequisites under Registration of Titles Act s.167
Section 167 of the Registration of Titles Act requires four conditions to be satisfied before a vesting order may issue: (1) the land must be registered under the RTA and the purchaser must have paid the whole purchase price; (2) the purchaser or those claiming under him must have taken possession of the land; (3) the entry must have been acquiesced in by the vendor or his representative; and (4) the transfer has not been executed because the vendor is dead, residing out of jurisdiction, or cannot be found.
Land & Property — Certificate of Title — Evidentiary Value under Registration of Titles Act s.59
A Certificate of Title is conclusive proof that land has been brought under the Registration of Titles Act and conclusive evidence that the person named therein is the proprietor with power to dispose of the land.
Civil Procedure — Vesting Orders — Court's Jurisdiction under Inherent Powers
The High Court grants vesting orders under its inherent power pursuant to Section 98 of the Civil Procedure Act, not directly under Section 167 of the Registration of Titles Act, because Section 167 specifically empowers the Registrar to issue vesting orders. An applicant must first approach the Registrar, who must decline to exercise powers under Section 167, before the Court may be moved.
Statutory Interpretation — Registration of Titles Act s.167 — Registrar as Primary Decision-Maker
Section 167 of the Registration of Titles Act envisages the Registrar as the primary decision-maker for vesting orders. An application for a vesting order must be made to the Registrar in the first instance before the Court can be moved under its inherent jurisdiction.

Legislation cited (5)

Cases cited (2)

  • Najjemba v Mpagi (Civil Appeal No. 74 of 2005)
  • Babigumira v Commissioner for Land Registration (Miscellaneous Cause No. 76 of 2012)

Full judgment

↓ Download PDF

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

Oine v Commissioner Land Registration (Miscillenous Cause No. 90 of 2013) [2014] UGHCLD 18 (11 April 2014)
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.