Wakilii

Sam Rukuba V The Registrar of Titles (Misc. Application No.3 91)

High Court · [1992] UGHC 6 · 1992 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application under Registration of Titles Act s.190 and Order 48 r.1 CPR for orders directing the Chief Registrar of Titles to note re-entry on the land register
Decision
Application granted; Registrar ordered to note re-entry on the register

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the application under RTA s.190, ordering the Registrar of Titles to note the applicant's re-entry on the land register following his re-possession of leased land. The respondent's failure to appear or file an affidavit in reply, and absence of substantiated grounds for refusing the registration, warranted the order sought.

Outcome

Application granted; Registrar ordered to note re-entry on the register

Facts

The applicant was the registered proprietor of freehold land comprised in Volume 141 Folio 2 Block 82 Plot 2 at Mwenge, Kabarole District. In 1988, he re-entered upon a lease previously granted to Deryck Vaughan Broadhead Williams and took physical possession of the land. The land had by operation of law come under the management of the Departed Asians Property Custodian Board (DAPCB). When the applicant applied to the Chief Registrar of Titles to note the re-entry in the register, the Registrar refused without providing reasons. The applicant brought this application seeking orders to compel the Registrar to furnish grounds for the refusal and to note the re-entry on the register. At the hearing, the Chief Registrar did not appear despite being duly served, sending a non-advocate representative who sought an adjournment. The court refused the adjournment and proceeded ex parte. No affidavit in reply was filed by the respondent.

Issues

  1. Whether the Chief Registrar of Titles is required to furnish grounds for refusing to note the applicant's re-entry on the land register.
  2. Whether the court should order the Chief Registrar to note the re-entry on the register.

Orders

  • Application allowed.
  • The Registrar of Titles to note the re-entry of the applicant on the lease as prayed.
  • Costs of the application awarded to the applicant.

Rules and key headnotes

Land Registration — Re-entry on Leased Land — Duty of Registrar to Note
Where a registered proprietor has lawfully re-entered upon leased land and seeks to have the re-entry noted on the register, the Chief Registrar of Titles must either note the re-entry or furnish substantiated grounds for refusing to do so.
Administrative Law — Supervisory Jurisdiction — Refusal to Register without Reasons
Under Registration of Titles Act s.190, the High Court has supervisory jurisdiction over the conduct of the Chief Registrar of Titles and may, at the instance of an aggrieved proprietor, make appropriate orders where the Registrar refuses to perform a registration function without providing adequate justification.
Civil Procedure — Adjournments — Representative Without Authority
A request for adjournment will not be entertained where the party seeking adjournment sends a non-advocate representative without authority to appear, and where the reasons given for non-appearance do not constitute sufficient grounds for adjournment.

Legislation cited (2)

Full judgment

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

Sam Rukuba V The Registrar of Titles (Misc. Application No.3_91) [1992] UGHC 6 (30 January 1992)
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.