Wakilii

Ongom v Nyamaizi and Another (Misc Cause 26 of 2020)

High Court · [2023] UGHCLD 265 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for vesting order under section 167 of the Registration of Titles Act
Decision
Application dismissed for want of jurisdiction

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

The High Court dismissed an application for a vesting order under section 167 of the Registration of Titles Act. The court held that the power to grant vesting orders under section 167 is vested exclusively in the Commissioner for Land Registration, not the High Court. An applicant must first apply to the Commissioner before invoking the court's inherent jurisdiction. The applicant failed to plead or prove that he had first approached the Commissioner.

Outcome

Application dismissed for want of jurisdiction

Facts

The applicant purchased land comprised in Folio 4, Plot 36, Kasigwa Road, Masindi from the first respondent and paid the full purchase price. The applicant took possession of the land but was unable to transfer it into his name because the first respondent disappeared without signing the transfer forms. The applicant brought an application to the High Court seeking a vesting order under section 167 of the Registration of Titles Act. The first respondent was served by substituted service and the second respondent was personally served but neither appeared. The applicant was represented by counsel from the Legal Aid Project of the Uganda Law Society.

Issues

  1. Whether the High Court has jurisdiction to grant a vesting order under section 167 of the Registration of Titles Act where the applicant has not first applied to the Commissioner for Land Registration.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Land & Property — Vesting Orders — Jurisdiction — Section 167 Registration of Titles Act
The power to grant a vesting order under section 167 of the Registration of Titles Act is vested exclusively in the Commissioner for Land Registration, not the High Court.
Civil Procedure — Inherent Jurisdiction — Procedural Prerequisites — Vesting Orders
Before an applicant may invoke the inherent jurisdiction of the High Court under section 98 of the Civil Procedure Act to seek a vesting order, the applicant must first apply to the Commissioner for Land Registration under section 167 of the Registration of Titles Act. This is a procedural prerequisite.
Civil Procedure — Pleadings and Evidence — Burden of Proof — Prior Application to Registrar
Where an applicant seeks to invoke the court's inherent jurisdiction to grant a vesting order on the basis that the Commissioner for Land Registration declined to exercise powers under section 167, the applicant must plead and prove by evidence that such prior application was made to the Commissioner. Counsel's submission from the bar without supporting affidavit evidence or pleadings is insufficient.

Legislation cited (10)

Cases cited (9)

Full judgment

↓ Download PDF

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

Ongom_v_Nyamaizi_and_Another_(Misc_Cause_26_of_2020)_[2023]_UGHCLD_265_(31_August_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.