Wakilii

Sendagire and Another v Mugisa and Another (Misc. Cause No. 4 of 2022)

High Court · [2022] UGHCLD 249 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for vesting order following purchase of land where registered proprietor deceased
Decision
Vesting order granted; land vested in applicants' names; Commissioner Land Registration directed to register applicants as new proprietors

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that where a purchaser has paid the full purchase price and taken possession of registered land pursuant to a consent judgment, but the registered proprietor has died before executing a transfer, the High Court has jurisdiction to grant a vesting order under s.167 of the Registration of Titles Act vesting the land in the purchaser's name.

Outcome

Vesting order granted; land vested in applicants' names; Commissioner Land Registration directed to register applicants as new proprietors

Facts

The 1st Applicant purchased land comprised in LRV 1507/21 Folio 21, Bugahya County, Block 6, plot 1061, measuring 518.020 hectares from the 1st Respondent pursuant to a consent judgment and decree in Civil Suit No. 23 of 2017 (High Court at Masindi). The land was registered in the name of Noah Kasigwa Byenkya Atwooki. Under the consent decree, the 1st Respondent was granted permission to sell two square miles. The 1st Applicant paid the purchase price and took possession of the land, erecting a residential house and rearing animals. The registered proprietor, Noah Kasigwa Byenkya Atwooki, subsequently died before a transfer instrument could be executed. The 1st Respondent agreed by Memorandum of Understanding dated 10 October 2022 that a vesting order should issue in favour of the Applicants. The Applicants applied for a vesting order to complete the transfer.

Issues

  1. Whether the Applicants are entitled to a vesting order.
  2. What remedies are available to the parties.

Orders

  • A vesting order doth issue vesting the land comprised in LRV 1507/21, Folio 21, Bugahya County, Block 6, plot 106, measuring 518.020 hectares at Kabatendule Hoima District in the names of Sendagire Hudhair and Harora Hakim.
  • The Commissioner Land Registration is ordered to register the Applicants, Sendagire Hudhair and Harora Hakim, as the new registered proprietors.
  • Court hereby vacates all encumbrances by the 1st Respondent or anyone claiming under him.
  • The Applicants will bear the costs of this application.

Rules and key headnotes

Land & Property — Vesting Orders — Jurisdiction of High Court under Registration of Titles Act s.167
Although s.167 of the Registration of Titles Act envisages the Registrar of Titles as the officer with statutory authority to grant vesting orders, the High Court has unlimited jurisdiction in all matters and may properly grant a vesting order under s.167.
Land & Property — Vesting Orders — Conditions for Grant under Registration of Titles Act s.167
For a vesting order to issue under s.167 of the Registration of Titles Act, four conditions must be satisfied: (1) the land must be registered under the Act and the purchaser must have paid the whole purchase price; (2) the purchaser or those claiming under him must have taken possession of the land; (3) entry into possession must have been acquiesced in by the vendor or his representative; and (4) the transfer has not been executed because the vendor is dead, residing out of jurisdiction, or cannot be found.
Land & Property — Vesting Orders — Death of Registered Proprietor Before Transfer Executed
Where a purchaser has paid the full purchase price pursuant to a consent judgment and taken possession of registered land, but the registered proprietor dies before executing a transfer instrument, the court may grant a vesting order vesting the land in the purchaser's name and directing the Commissioner Land Registration to register the purchaser as the new proprietor.

Legislation cited (5)

Cases cited (1)

  • Aida Najjemba v Ester Mpagi (Court of Appeal Civil Appeal No. 74 of 2005)

Full judgment

↓ Download PDF

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

Sendagire_and_Another_v_Mugisa_and_Another_(Misc._Cause_No._4_of_2022)_[2022]_UGHCLD_249_(8_December_2022)
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.