Wakilii

Sentongo v The Commissioner Land Registration (Miscellaneous Cause 4 of 2022)

High Court · [2023] UGHC 102 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for vesting order under Section 167 of the Registration of Titles Act
Decision
Vesting order granted directing Commissioner Land Registration to transfer title to applicant as administrator of purchaser's estate

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a vesting order where the applicant, as administrator of the estate of a deceased purchaser who bought land in 1927, demonstrated that the land was registered under the Registration of Titles Act, the purchaser's family had taken and maintained open, exclusive and continuous possession for 95 years with permanent structures and developments, and the vendor was deceased such that transfer forms could not be executed. All four conditions for a vesting order under Section 167 were satisfied.

Outcome

Vesting order granted directing Commissioner Land Registration to transfer title to applicant as administrator of purchaser's estate

Facts

In 1927, Erasto Muwanga sold land comprised in Bulemezi Block 167 Plot 39 at Bukeka to Erukana Mugwanya under a sale agreement dated 14 June 1927 for UGX 1,000. Mugwanya paid UGX 850 on that date with the balance due in March 1928. Muwanga was registered as proprietor of the land under instrument number BUK 46806 on 30 May 1940, but transfer forms were never executed in favour of Mugwanya. After the 1927 purchase, Mugwanya took possession of the land, erected permanent structures, farmed the land, and his family remained in continuous occupation for 95 years. Mugwanya died and was buried on the land. Erasto Muwanga also died and the whereabouts of his family are unknown. Sentongo Bowazi, appointed administrator of Mugwanya's estate in 2022, sought a vesting order to transfer title from the registered proprietor (Muwanga's estate) to himself as administrator of the purchaser's estate.

Issues

  1. Whether this is a proper case for issuing a vesting order under Section 167 of the Registration of Titles Act.

Orders

  • Land comprised in Bulemezi Block 167 plot 39 land at Bukeka measuring 6.50 hectares is vested in Sentongo Bowazi administrator of the estate of Mugwanya Erukani.
  • The Commissioner, Land Registration is directed to create the duplicate certificate of title for land comprised in Bulemezi Block 167 plot 39 land at Bukeka measuring 6.50 hectares for Sentongo Bowazi administrator of the estate of Mugwanya Erukani.
  • No order as to costs.

Rules and key headnotes

Land & Property — Vesting Orders — Registration of Titles Act s.167 — Conditions for Granting
For the registrar to exercise powers under Section 167 of the Registration of Titles Act to issue a vesting order, four conditions must be satisfied: (a) the land must be registered under the Registration of Titles Act and the purchaser must have paid the whole purchase price to the vendor; (b) the purchaser or those claiming under him or her must have taken possession of the purchased land; (c) the entry into possession must have been acquiesced in by the vendor or his representatives or successors; and (d) the vendor is dead or is residing out of jurisdiction or cannot be found.
Land & Property — Vesting Orders — Possession — Requirements for Establishing Possession
Possession of land by a purchaser or his successors for purposes of a vesting order under Section 167 of the Registration of Titles Act must be open, exclusive, and continuous. Such possession may be evidenced by permanent residential structures, burial grounds on the land, crop farming, and livestock keeping maintained over a substantial period.
Land & Property — Vesting Orders — Acquiescence — Proof of Acquiescence by Vendor
Acquiescence by the vendor or his representatives or successors in the purchaser's entry and possession may be inferred where the purchaser's family has occupied the land uninterrupted for a very long period (such as 95 years) and the whereabouts of the vendor's family are unknown, indicating no challenge to the possession has been mounted.
Land & Property — Vesting Orders — Deceased Vendor — Effect on Inability to Execute Transfer
Where transfer forms have never been executed by a vendor and the vendor is deceased such that transfer forms cannot be obtained, the death of the vendor satisfies the fourth condition for a vesting order under Section 167 of the Registration of Titles Act.

Legislation cited (3)

Cases cited (1)

Full judgment

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Sentongo v The Commissioner Land Registration (Miscellaneous Cause 4 of 2022) [2023] UGHC 102 (23 October 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.