Wakilii

Sekabira v The Commissioner Land Registration (Miscellaneous Cause 44 of 2022)

High Court · [2024] UGHCCD 107 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review challenging the Respondent's failure to create and issue a certificate of title
Decision
Application succeeded on ground of illegality; mandamus issued compelling Respondent to create substitute title and duplicate certificate of title for the suit land; general damages and costs awarded to Applicant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the Commissioner Land Registration's failure to exercise statutory discretion under Registration of Titles Act s.170 to create and issue a certificate of title for land comprised in Block 526 Plot 51 after survey confirmed the plot measurements and the applicant established entitlement as beneficiary was an unlawful exercise of discretion constituting illegality. Order of mandamus issued compelling creation of substitute title and duplicate certificate. General damages of UGX 5,000,000 awarded for breach of statutory duty.

Outcome

Application succeeded on ground of illegality; mandamus issued compelling Respondent to create substitute title and duplicate certificate of title for the suit land; general damages and costs awarded to Applicant

Facts

The applicant was a grandson and surviving beneficiary of the late Nasanayiri Kakumeme who owned land comprised in Block 526 Plot 51 at Bumpenje, registered as a caveat on the main title and on blue page at the time of his death in 1966. Letters of administration were granted to the Administrator General in 1991 but transfer into the applicant's name could not be completed because the blue page file was missing and no certificate of title existed. The applicant was in possession and occupation of the land. A survey confirmed the plot measured 3.00 acres as per the title. The applicant's lawyers repeatedly requested the Commissioner Land Registration to create a substitute blue page file and issue substitute and duplicate certificates of title but the requests were ignored. The Acting Commissioner had noted on correspondence that survey was required because the late owner's blue page was missing, but even after survey was conducted no certificate was issued.

Issues

  1. Whether the Respondent's omission to create and issue a certificate of title to the suit land comprised in Block 526 Plot 51 raises grounds for judicial review?
  2. Whether the Applicant is entitled to the remedies sought?

Orders

  • Application granted.
  • Declaration granted that the Respondent's omission and/or failure to create a substitute and duplicate certificates of title on the suit land was unlawful.
  • Order of mandamus issued compelling the Respondent to create and maintain a substitute title and a duplicate certificate of title for land comprised in Block 526 Plot 51 at Bumpenje.
  • General damages of UGX 5,000,000 (Five Million Shillings) awarded to the Applicant.
  • Costs of the application awarded to the Applicant.

Rules and key headnotes

Judicial Review — Illegality — Exercise of Statutory Discretion
A public authority acts unlawfully when it fails to exercise statutory discretion without legal justification. Where discretionary power is conferred upon a legal authority, it is not absolute but is subject to general limitations and must be exercised in the manner intended by the empowering legislation.
Judicial Review — Grounds — Illegality
Illegality as a ground for judicial review arises when the decision-making authority commits an error in law in the process of making a decision, including acting without jurisdiction, ultra vires, or contrary to the provisions of law. The decision maker must understand correctly the law that regulates decision-making power and must give effect to it.
Land Registration — Registrar's Duty — Issuance of Certificate of Title
Under Registration of Titles Act s.170, the Registrar has powers and duties to effect registration and issue certificates of title. Where the Registrar recommends a survey be conducted and the survey confirms the plot measurements tally with the area on title, failure to thereafter issue a certificate of title without legal justification constitutes unlawful exercise of discretion and abuse of power.
Judicial Review — Remedies — Mandamus
Where a court finds that a public authority has unlawfully failed to exercise a statutory duty, an order of mandamus may issue compelling the authority to perform that duty.
Judicial Review — Damages — Breach of Statutory Duty
In judicial review proceedings, damages may be awarded if the applicant establishes both a cause of action in judicial review and a separate cause of action that would have entitled the applicant to damages in a separate suit. A claim based on breach of statutory duty that has occasioned loss and damage is sufficient to sustain an action for payment of damages in addition to the reliefs granted under judicial review.

Legislation cited (9)

Cases cited (7)

  • Council of Civil Service Unions v Minister for Civil Service (1985) AC 375
  • Dr Lam-Lagoro James v Muni University (HCM No. 007 of 2016)
  • Smart Protus Magara and 13 Others v Financial Intelligence Authority (HCMC No. 215 of 2018)
  • Three Rivers District Council v Bank of England (No 3) [2003] 2 AC 28
  • X (Minors) v Bedfordshire County Council [1995] 2 AC 633
  • Robert Cuossens v Attorney General (SCCA No. 8 of 1999)
  • Uganda Commercial Bank v Kigozi [2002] 1 EA 305

Full judgment

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Sekabira v The Commissioner Land Registration (Miscellaneous Cause 44 of 2022) [2024] UGHCCD 107 (21 June 2024)
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.