Wakilii

Oscar Kasimbi and Another v Commissioner Land Registration (Miscellaneous Cause No. 122 of 2022)

High Court · [2023] UGHCLD 516 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application under s.177 Registration of Titles Act for orders directing cancellation of registration and substitution of names following judgment in civil suit
Decision
Application dismissed — applicants failed to establish recovery of land from all registered proprietors

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application dismissed. Court held that under s.172 Registration of Titles Act, an order for cancellation and substitution of registration can only be made where land has been recovered from the person registered as proprietor. The applicants failed to satisfy this requirement as they did not sue or recover land from all registered proprietors on both titles — Balisola Jane on plot 2171 and Jane Lugoberwa on plot 2167 were not parties to the prior civil suit.

Outcome

Application dismissed — applicants failed to establish recovery of land from all registered proprietors

Facts

The applicants purchased land comprised in Busiro Block 444-445 plots 2171 and 2167 from Lugoberwa Eugene. Eugene handed over one certificate of title for plot 2167 but without transfer forms, and failed to hand over the second title for plot 2171. The applicants filed Civil Suit No. 41 of 2019 in Entebbe Chief Magistrate's Court against Lugoberwa Eugene and obtained judgment and decree for orders to hand over the certificate of title for plot 2171, transfer forms for both plots, vacant possession, general damages and mesne profits. Plot 2171 had been transferred into the names of Balisola Jane in 2015. Plot 2167 was registered in the names of Eugene Lugoberwa and Jane Lugoberwa. The applicants then brought this application seeking orders directing the Commissioner Land Registration to cancel the registration of Lugoberwa Eugene and Balisola Jane and substitute their names.

Issues

  1. Whether the respondent should cancel the registration of Lugoberwa Eugene and Balisola Jane from the land comprised in Busiro Block 444-445 plots 2171 and 2167 and substitute them with the names of the applicants.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Land Registration — Cancellation and Substitution — Recovery of Land Requirement
Under s.172 of the Registration of Titles Act, the High Court may direct the Registrar to cancel any certificate of title and substitute such certificate as the circumstances require only where land has been recovered by proceedings from the person registered as proprietor.
Land Registration — Rectification of Register — Necessity to Sue All Registered Proprietors
To obtain rectification of the Register Book, an applicant must satisfy the court that land was recovered from the person already registered as proprietor. Where a certificate of title is registered in the names of multiple proprietors, land must be recovered from all registered proprietors before an order for cancellation and substitution can be made.
Parties — Necessary Parties — Effect of Non-Joinder on Consequential Relief
Where a person is registered as proprietor of land but is not made a party to proceedings for recovery of that land, no land can be said to have been recovered from that person, and consequential orders for cancellation of their registration cannot be granted.

Legislation cited (6)

Cases cited (2)

  • Sajjabi John v Zziwa Charles (HCCA No. 50 of 2012)
  • Re Muloko misc co 87 of 1976 (1980) HCB page 27

Full judgment

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

Oscar_Kasimbi_and_Another_v_Commissioner_Land_Registration_(Miscellaneous_Cause_No._122_of_2022)_[2023]_UGHCLD_516_(30_March_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.