Wakilii

Omukama of Bunyoro Kitara & Anor v Attorney General & 2 Ors (HCT-12-CV-CR-0015-2016)

High Court · [2016] UGHCLD 280 · 2016 Judicial Review Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking to quash administrative decision to cancel land titles
Decision
Applicants' land title ordered reinstated on the register; Minister's directive and Registrar's cancellation quashed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the Minister's directive to cancel land titles immediately was ultra vires and irrational, requiring the Registrar to act mechanically and bypass procedural safeguards. The Commissioner for Land Registration acted with procedural impropriety by cancelling the 2nd applicant's title without conducting the scheduled public hearing, without hearing the applicants, and without giving written reasons as mandated by Land Act s.91(8). The cancellation while a subsisting court suit and interim order were in place was irrational. Certiorari issued quashing the Minister's letter; mandamus issued directing reinstatement of Hoima Sugar Ltd on the register.

Outcome

Applicants' land title ordered reinstated on the register; Minister's directive and Registrar's cancellation quashed

Facts

The 1st applicant held freehold title to land at Kyangwali and leased part to the 2nd applicant for sugar cane plantation. Environmentalists and the National Forestry Authority challenged the titles, claiming the land was part of Bugoma Forest. The Commissioner for Land Registration issued notice on 1 September 2016 of a public hearing scheduled for 26 September 2016 regarding cancellation. On 9 September 2016, the State Minister for Lands directed the Commissioner to cancel the titles before close of business that day. On 13 September 2016, the Commissioner cancelled the 2nd applicant's title for being 'issued in error'. This occurred after the applicants obtained an interim order restraining the cancellation and while a substantive suit by the National Forestry Authority (HCCS 31/2016) seeking cancellation was pending. None of the respondents appeared at the judicial review hearing.

Issues

  1. Whether the decision of the State Minister for Lands to direct cancellation of the applicants' land titles before close of business was ultra vires, illegal and irrational.
  2. Whether the Commissioner for Land Registration acted with procedural impropriety in cancelling the 2nd applicant's title without following the mandatory procedures under Land Act s.91(8).
  3. Whether the Commissioner acted irrationally in cancelling the title while a court suit and interim order regarding the same matter were subsisting.

Orders

  • Certiorari shall issue quashing the letter annexture G to the affidavit in support of the motion.
  • A declaration shall issue that the action of the Commissioner for Land Registration cancelling the certificate of title of Hoima Sugar Ltd is unlawful and void.
  • Mandamus shall issue directing the Commissioner for Land Registration to reinstate Hoima Sugar Ltd on the register of titles.
  • Application allowed.
  • The 1st and 2nd respondents shall meet the costs of this application.

Rules and key headnotes

Illegality — Ministerial Direction to Act Ultra Vires and in Bad Faith
A Minister who directs a public officer to perform a statutory duty through improper and illegal procedures, bypassing all procedural requirements and rules of natural justice, perpetuates illegality and acts in bad faith, rendering the directive subject to judicial review.
Cancellation of Title — Mandatory Compliance with Land Act s.91(8)
The Registrar of Titles exercising power to cancel a certificate of title under Land Act s.91 must comply with the mandatory procedural requirements in subsection (8): giving not less than 21 days notice, providing an opportunity to be heard, conducting the hearing in accordance with natural justice, and giving written reasons for the decision.
Procedural Impropriety — Violation of Audi Alteram Partem
Where the Registrar of Titles cancels a certificate before the scheduled public hearing, without hearing the affected party, and without giving written reasons, the decision violates the standards of fair procedure and the principle of audi alteram partem, constituting procedural impropriety subject to judicial review.
Irrationality — Parallel Administrative and Judicial Proceedings
It is irrational for a public officer to proceed with administrative cancellation of a land title where a substantive court suit seeking the same relief is pending and an interim court order restraining such cancellation has been issued, as doing so renders the civil suit nugatory.
Remedies — Damages in Prerogative Proceedings by Motion
Damages cannot be awarded in an application for prerogative orders brought by way of motion.

Legislation cited (7)

Cases cited (7)

  • Hammersmith and Fulham London Borough Council v Secretary of State for the Environment [1990] 3 All ER 589
  • Associated Picture Houses Ltd v Wednesbury Corporation [1974] 2 All ER 680
  • Yustus Tinkasimire & 18 Others v Attorney General (Misc Cause No. 35 of 2012)
  • Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374
  • Allan Mugisha Nyirikindi v Commissioner for Land Registration & Another (MA No. 45 of 2011)
  • John Jet Mwebaze v Makerere University Council & Others (Civil Appeal No. 78 of 2005)
  • Stream Aviation Limited v Civil Aviation Authority [2008] HCB 156

Full judgment

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

Omukama of Bunyoro Kitara & Anor Vs Attorney General & 2 Ors (HCT-12-CV-CR-0015-2016) [2016] UGHCLD 280 (22 December 2016)
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.