Wakilii

Ssekanabo & 2 Others v Commissioner Land Registration (Miscellaneous Cause 27 of 2023)

High Court · [2024] UGHC 139 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for vesting order under Registration of Titles Act s.167 and Civil Procedure Act s.98 after Registrar of Titles declined to grant vesting order administratively
Decision
Vesting order granted; land vested in applicants as tenants in common; special certificate of title to be issued

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a vesting order application may be brought to the High Court where the Registrar of Titles declines to grant the order administratively. Where purchasers have paid the full purchase price, taken possession, and the vendor cannot be found, a vesting order under Registration of Titles Act s.167 should be granted. Purchasers who acquire distinct portions of land at different times may be registered as tenants in common under the court's inherent powers, even where they did not originally acquire the land as co-owners.

Outcome

Vesting order granted; land vested in applicants as tenants in common; special certificate of title to be issued

Facts

The three applicants purchased portions of land comprised in Mawokota Block 85 Plot 64 from the registered proprietor Bashir Ssemogerere through two separate sale agreements — the first and second applicants purchased 5 acres on 23 November 2011 for UGX 9,700,000, and the third applicant purchased 4.9 acres on 12 February 2013 for UGX 14,900,000. Full consideration was paid in both transactions. The vendor signed transfer forms and promised to deliver certificates of title within one week but failed to do so. The applicants took possession immediately after purchase and have remained in occupation, establishing graves and engaging in agricultural and commercial activities including marram soil extraction. Despite multiple efforts including newspaper advertisements, the vendor could not be located. The applicants lodged a caveat to protect their interests and applied to the Registrar of Titles for a vesting order, which was declined with advice to apply to court.

Issues

  1. Whether the application has been properly made before the High Court.
  2. Whether the land comprised in Mawokota Block 85 Plot 64 can be vested in the applicants.
  3. Whether the applicants can be registered on the land title as tenants in common.

Orders

  • Application granted.
  • The Respondent vests land comprised in Mawokota Block 85 plot 64 land at Luvumbula Mpigi District in the names of Ssekanabo Gerald Rwejema, Lwanyaga Lawrence and Kiyimba Enock Sempala as tenants in common.
  • The Respondent shall issue a special certificate of title in respect of land comprised in Mawokota Block 85 plot 64 to the Applicants.
  • The Applicants shall meet all the necessary fees for vesting the land into their names.
  • Costs of the application to be borne by the Applicants.

Rules and key headnotes

Land & Property — Vesting Orders — Jurisdiction — High Court Jurisdiction Where Registrar Declines
Where an applicant for a vesting order applies first to the Registrar of Titles as required by the Registration of Titles Act s.167 and the Registrar declines to grant the order or expresses disinterest in doing so, the High Court has jurisdiction to entertain the application.
Land & Property — Vesting Orders — Statutory Conditions — Registration of Titles Act s.167
A vesting order may be granted under the Registration of Titles Act s.167 where the following conditions are satisfied: (a) the land is registered under the Registration of Titles Act; (b) the purchaser has paid the whole of the purchase price to the vendor; (c) the purchaser or those claiming under the purchaser have taken possession of the land; (d) the entry into possession has been acquiesced in by the vendor or the vendor's representatives; and (e) a transfer has not been executed because the vendor is dead, residing out of jurisdiction, or cannot be found.
Land & Property — Vesting Orders — Evidence of Possession — Unchallenged Occupation
Unchallenged occupation of land, confirmed by local council officials and corroborated by physical improvements including graves and agricultural or commercial use, constitutes sufficient evidence of possession and acquiescence by the vendor for purposes of a vesting order.
Land & Property — Co-ownership — Tenants in Common — Registration of Sequential Purchasers
Where two or more purchasers acquire distinct shares of land at different times through separate transactions from the same vendor, the court may in exercise of its inherent powers under the Civil Procedure Act s.98 order that they be registered as tenants in common, even though they did not originally acquire the land as co-owners, so as to give them the same interest they would have obtained had the vendor effected transfers at the time of sale.

Legislation cited (5)

Cases cited (3)

  • Aida Najjembe v Ester Mpagi [Court of Appeal 2009]
  • Mutyaba Tom v James Kayimbye Sebinene M and Another (Miscellaneous Application No. 40 of 2018)
  • Auma Lillian v David Livingstone Lakony (HC Civil Appeal No. 12 of 2019)

Full judgment

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

Ssekanabo & 2 Others v Commissioner Land Registration (Miscellaneous Cause 27 of 2023) [2024] UGHC 139 (11 March 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.