Wakilii

Onyaiti and 3 Others v Mwesigwa Byakutaga and Another (Misc Cause 13 of 2024)

High Court · [2025] UGHC 94 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Miscellaneous application to the High Court seeking rectification of a certificate of title affecting applicants' land
Decision
Certificate of title ordered to be surrendered for rectification to exclude applicants' land, enabling applicants to register their land under the Registration of Titles Act

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the High Court has inherent jurisdiction under s.98 of the Civil Procedure Act and s.33 of the Judicature Act to order rectification of a certificate of title where a survey report establishes that the registered plot position on the cadastral map does not match the ground position due to displacement, and where portions of land occupied by customary owners have been erroneously included in the certificate. Application granted with orders for surrender and rectification.

Outcome

Certificate of title ordered to be surrendered for rectification to exclude applicants' land, enabling applicants to register their land under the Registration of Titles Act

Facts

The applicants are customary owners of plots in Kiryatete West Cell, Hoima City, neighbouring the 1st respondent's land. When they sought to bring their plots under the Registration of Titles Act, their surveyor discovered that their plots were affected by the 1st respondent's certificate of title on the cadastral map. A complaint was lodged with the LC1 and referred to the RCC Hoima City. A meeting was held and parties agreed to open boundaries of the 1st respondent's certificate of title. Upon opening boundaries, it was discovered that the 1st respondent's original plot 397, Bugahya Block 17, position on the cadastral map does not match the land on ground due to displacement/shift in position. The surveyor recommended rectification of plot displacement so that the 1st respondent's plot sits properly on the cadastral map. The 1st respondent refused to surrender his certificate of title for rectification. The 1st respondent claimed to be the registered owner with developments on the land and alleged that the applicants' purchase agreements were forgeries.

Issues

  1. Whether the court has jurisdiction to entertain this application
  2. Whether the Applicants are entitled to an order directing the 1st Respondent to surrender his certificate of title to the 2nd Respondent for rectification
  3. What remedies are available to the parties

Orders

  • The 1st Respondent surrenders his certificate of title for land comprised in FRV HQT 1123, Folio 13, Plot 1680, Block 17 Bugahya to the Commissioner Land Registration for purposes of rectifying the certificate of title to exclude the Applicants' land.
  • The 2nd Respondent is ordered to rectify the 1st Respondent's certificate of title by excluding therefrom the Applicants' land to enable the Applicants register their land under the Registration of Titles Act.
  • The Applicants are granted costs of this application.

Rules and key headnotes

Civil Procedure — Inherent Jurisdiction of Court — Power to Make Orders for Ends of Justice
The High Court has inherent power under s.98 of the Civil Procedure Act and s.33 of the Judicature Act to make such orders as may be necessary for the ends of justice, including orders for rectification of land titles where parties' rights are affected.
Land & Property — Rectification of Title — Cadastral Map Displacement
Where a survey report establishes that a registered plot's position on the cadastral map does not match its position on the ground due to displacement or shift, and other parties' land has been erroneously included in the certificate of title, the court may order rectification of the certificate to exclude the affected land and bring balance between the ground position and the cadastral map.
Land & Property — Customary Ownership — Equitable Possessory Interests
The fact that a registered proprietor has developed land does not bar the Commissioner Land Registration from rectifying the title where portions of the land are occupied by parties with equitable possessory interests as customary owners.
Civil Procedure — Burden of Proof — Allegations of Forgery
A party alleging forgery of documents relied upon by the opposing party is duty bound to adduce evidence in support of that claim; mere allegation without evidence will not defeat the application.

Legislation cited (6)

Full judgment

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Onyaiti and 3 Others v Mwesigwa Byakutaga and Another (Misc Cause 13 of 2024) [2025] UGHC 94 (10 January 2025)
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.