Wakilii

Sepiriano Kabeba,Petero Mushaya v Commissioner Land registration (HCT-05-CV-NA-131-2004 ) (HCT-05-CV-NA-131-2004)

High Court · [2005] UGHC 85 · 2005 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application under Registration of Titles Act s.177 to enforce judgment of Chief Magistrate's Court by directing alteration of land title certificate
Decision
Application granted and Commissioner directed to alter the certificate of title by removing Maria Misambi's name and substituting the applicants' names

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the application under the Registration of Titles Act s.177, directing the Commissioner Land Registration to cancel Maria Misambi's name from the certificate of title for Block 3 Plot 72 at Mwanjari, Kabale, and substitute it with the names of the applicants. The court held this was a proper application following the Chief Magistrate's Court judgment, though noted the Commissioner need not be cited as respondent in such applications.

Outcome

Application granted and Commissioner directed to alter the certificate of title by removing Maria Misambi's name and substituting the applicants' names

Facts

The applicants sought to enforce a judgment of the Chief Magistrate's Court Kabale in KAB-00-CV-CS-55 of 2002 delivered on 14 November 2003. They applied to the High Court under section 177 of the Registration of Titles Act for an order directing the Commissioner Land Registration to cancel the name Maria Misambi from the certificate of title for freehold land at Mwanjari, Kabale (Block 3 Plot 72) and substitute their names. The Commissioner Land Registration was cited as respondent and appeared through counsel.

Issues

  1. Whether the court should direct the Commissioner Land Registration to cancel the name Maria Misambi from the certificate of title and substitute the names of the applicants pursuant to the Chief Magistrate's Court judgment.

Orders

  • The Commissioner Land Registration is directed to cancel the names Maria Misambi from the Certificate of Title for Block 3 Plot 72 at Mwanjari, Kabale.
  • The names and particulars of Sepiriano Kabeba and Petero Mushaya are to be substituted in the Certificate of Title.
  • No order as to costs.

Rules and key headnotes

Land Registration — Alteration of Register — Procedure under Registration of Titles Act s.177
An application under section 177 of the Registration of Titles Act to give effect to a court judgment by directing alteration of the register of titles is a proper procedure for enforcing a judgment affecting registered land.
Civil Procedure — Parties — Commissioner Land Registration as Respondent
It is not necessary to cite the Commissioner Land Registration as a respondent in applications under section 177 of the Registration of Titles Act seeking to give effect to a court judgment, as the Commissioner's relevance at that stage is non-existent and the application can be brought without involving the office of Land Registration.

Legislation cited (1)

Full judgment

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Sepiriano Kabeba,Petero Mushaya v Commissioner Land registration (HCT-05-CV-NA-131-2004 ) (HCT-05-CV-NA-131-2004) [2005] UGHC 85 (7 June 2005)
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.