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Prof. Eleanor Maxine Ankrah and Another v Commissioner Land Registration and Others (Miscellaneous Cause 178 of 2024)

High Court · [2025] UGHCCD 77 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review challenging the Commissioner Land Registration's decision to cancel land title entries without proper notice and hearing
Decision
Amendment order set aside; all cancelled title entries ordered to be restored to the Applicants and other affected parties

Observed later treatment

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Holding

The High Court held that the Commissioner Land Registration acted illegally, irrationally, and with procedural impropriety in cancelling land title entries without serving proper notice on the registered proprietors and affected parties. The Commissioner issued notices to deceased persons rather than their legal representatives, failed to serve notices on third-party interest holders, and exercised jurisdiction beyond the scope of Section 88 of the Land Act by disregarding principles of limitation, adverse possession, and bonafide purchaser protection. The court quashed the amendment order and directed restoration of all cancelled title entries.

Outcome

Amendment order set aside; all cancelled title entries ordered to be restored to the Applicants and other affected parties

Facts

The late Kodwo Esuman Ankrah purchased land comprised in Busiro Block 428 Plot 22 in 1977 and obtained title in 1979. In 2014, the land was subdivided into plots 184-192. After Ankrah's death in 2015, his widow Prof. Eleanor Maxine Ankrah was appointed executrix and registered on some plots, while Paul Asiimwe was registered on plots 187 and 188. In October 2023, Ruth Zawedde, claiming to be executor of the estate of Mary Rita Nansikombi (the original owner who transferred the land in 1977), lodged a complaint with the Commissioner Land Registration alleging illegal transfers. On 22 January 2024, the Commissioner issued an amendment order cancelling all entries and recalling all duplicate certificates for the subdivided plots. The Commissioner issued notices only to the deceased Kodwo Esuman Ankrah and Eriabu Ssempira (an intermediate transferor), and published a newspaper notice, but failed to serve notices on the current registered proprietors including the applicants. The applicants challenged the cancellation through judicial review.

Issues

  1. Whether there are any legal grounds for judicial review?
  2. Whether the Applicants are entitled to the remedies sought?

Orders

  • Application by the Applicants succeeds and the reliefs sought are granted as prayed.
  • The amendment order cancelling the entries for the Certificate of title for Block 428 Plots 184, 185, 186, 187, 188, 189, 190, 191 and 192 land at Businsi is hereby set aside.
  • A prerogative order of Certiorari issues quashing the decision of the Commissioner Land Registration cancelling the entries and registration of Kodwo Esuman Ankrah on the certificate of title for Busiro Block 428 Plot 192.
  • An order of Certiorari issues to quash the decision of the Commissioner Land Registration recalling and cancelling the duplicate certificates of title for land known as Busiro Block 428 Plots 184, 185, 186, 187, 188, 189, 190, 191 and 192.
  • Declaration that the 1st Respondent acted irregularly, unlawfully and illegally when it made a decision to cancel the certificates of titles and that the decision was ultra vires the 1st Respondent's powers.
  • An order of Prohibition is issued restraining the 1st Respondent from implementing and/or enforcing the decision to cancel the details of Eriabu Sempira and Kodwo Esuman Ankrah from the register of titles.
  • An injunction restraining the 1st Respondent from registering any instrument that adversely affects the Applicants' interest in the land.
  • An order of mandamus is issued to compel the 1st Respondent to immediately restore the entries of the Applicants in the register book for Certificates of title.
  • A consequential order directing the 1st Respondent to immediately restore the Applicants and those affected by the amendment order back on the Certificates of titles.
  • Costs of this Application are awarded to the Applicants, to be paid by the Respondents jointly and severally.
  • Prayer for general damages denied.

Rules and key headnotes

Judicial Review — Grounds — Procedural Impropriety — Failure to Serve Notice
Where the Commissioner Land Registration exercises powers under Section 88 of the Land Act to cancel land title entries, the Commissioner must serve proper notice on all registered proprietors and affected parties as required by Section 88(2)(f) and conduct a hearing in accordance with natural justice under Section 88(3). Service of notice addressed to deceased persons rather than their legal representatives, and failure to serve current registered proprietors, constitutes procedural impropriety rendering the decision null and void.
Judicial Review — Grounds — Illegality — Ultra Vires Exercise of Jurisdiction
The Commissioner Land Registration's powers under Section 88 of the Land Act are subject to other provisions of law including the Limitation Act and principles protecting bonafide purchasers for value. Where the Commissioner cancels titles held for over 46 years without considering limitation, adverse possession, or bonafide purchaser protection, the Commissioner acts ultra vires and commits a fundamental error of law.
Land Registration — Amendment of Register — Limits on Commissioner's Powers
Section 88 of the Land Act was never intended to be used to circumvent challenges to proprietorship that are time-barred or affected by adverse possession. Claims of alleged forgery or fraud require evidence to be adduced and must be investigated by the High Court, not determined administratively by the Commissioner Land Registration. Powers given to a public body for one purpose cannot be used for ulterior purposes not contemplated when the powers were conferred.
Natural Justice — Right to be Heard — Service of Notice
In a country where the vast majority of the population does not have access to print media, it is incumbent on the Commissioner Land Registration to ensure that service of notices is done physically or through the registered known address of all persons complained against or likely to be affected by the decision. Publication in a newspaper alone, particularly when addressed to deceased individuals, does not constitute effective service.
Judicial Review — Grounds — Irrationality — Disregard of Material Facts
Where the Commissioner Land Registration knows that a registered proprietor is deceased and has an executrix who has already been registered on related plots, but nevertheless issues notice to the deceased person rather than the executrix, and proceeds to cancel titles without hearing the executrix, the decision is irrational and demonstrates bad faith calculated towards extinguishing the interests of registered proprietors.
Remedies — Certiorari, Prohibition, Mandamus and Injunction
Where an administrative decision is tainted with illegality, irrationality and procedural impropriety, the High Court will issue orders of certiorari to quash the decision, prohibition to restrain its enforcement, mandamus to compel restoration of the status quo ante, and injunctions to prevent further prejudicial acts.
Remedies — Damages — Exceptional Nature in Judicial Review
Damages are ordinarily sought through ordinary civil suits as they are strictly a matter of private law. Damages can only rarely feature as a form of collateral challenge in proceedings for judicial review. If the main purpose of litigation is to seek damages, a party ought to pursue a claim in civil action and not through judicial review, especially where there are complex factual issues to be resolved such as the assessment of damages. The award of general damages in judicial review is an exception rather than the general rule.

Legislation cited (9)

Cases cited (9)

  • Byaruhanga John Patrick v Commissioner Land Registration (Miscellaneous Application No. 235 of 2024)
  • Pastoli v Kabale District Government Council and Others [2008] 2 EA 300
  • Twinomuhangi v Kabale District and Others [2006] HCB 130
  • Alex Nyika and Another v Commissioner Land Registration (Miscellaneous Cause No. 259 of 2022)
  • Birus Property Services Ltd v Commissioner Land Registration and Inspectorate General of Government (Miscellaneous Cause No. 1 of 2015)
  • R v Lord President of the Privy Council, ex parte Page [1993] AC 682
  • Wamala Abdu v Commissioner Land Registration (Miscellaneous Cause No. 16 of 2021)
  • Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374
  • Sundus Exchange & Money Transfer Limited and 7 Others v Attorney General (HCMC No. 161 of 2019)

Full judgment

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

Prof. Eleanor Maxine Ankrah and Another v Commissioner Land Registration and Others (Miscellaneous Cause 178 of 2024) [2025] UGHCCD 77 (20 June 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.