Wakilii

Ssenyonjo Ssewava & Anor v National Forestry Authority & Anor (HCT-14-CV-MC-023 OF 2018)

High Court · [2019] UGHCCD 270 · 2019 Preliminary Objection Partly Allowed; Vesting Order Set Aside AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for boundary opening and land titling; preliminary objection raised challenging the validity of an earlier vesting order
Decision
Vesting order set aside; main application to proceed to hearing on merit

Observed later treatment

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Holding

The court upheld the preliminary objection and declared the vesting order issued by the Deputy Registrar on 20 December 2017 null and void, as it was made without jurisdiction. A Deputy Registrar has no power under section 167 of the Registration of Titles Act to issue vesting orders; that power is vested in a Judge of the High Court. However, the court found that the vesting order was not the crux of the main application, which was based on the applicants' status as administrators. The court directed that the main application for boundary opening be heard on merit.

Outcome

Vesting order set aside; main application to proceed to hearing on merit

Facts

The applicants, administrators of the estate of the late Kanamwangi Musa, sought orders for a boundary opening exercise and expedited freehold titling for land at Bwebereza, Mugangu and Kipayo in Mukono district, adjacent to Zirimiti Central Forest Reserve managed by the first respondent. The land was comprised in Kyaggwe Block 393 and 421. The applicants relied on a vesting order dated 20 December 2017 issued by a Deputy Registrar at Jinja High Court. The first respondent raised a preliminary objection challenging the validity of this vesting order, arguing it was irregularly issued by a Registrar without jurisdiction under section 167 of the Registration of Titles Act, which vests that power in a Judge of the High Court. A previous Registrar had discovered irregularities and forwarded the matter for review. The applicants' counsel conceded the irregularity but argued the vesting order was not the basis of the current application.

Issues

  1. Whether the preliminary objection challenging the validity of a vesting order issued by a Deputy Registrar has merit.
  2. Whether the preliminary objection disposes of the main application for boundary opening.
  3. Whether a vesting order issued by a Deputy Registrar without jurisdiction is a nullity and should be set aside.

Orders

  • The vesting order dated 20 December 2017 is declared null and void and set aside.
  • The main application for boundary opening is to be heard on merit.

Rules and key headnotes

Land & Property — Vesting Orders — Jurisdiction to Issue — Registration of Titles Act s.167
Under section 167 of the Registration of Titles Act, only a Judge of the High Court has jurisdiction to issue a vesting order where the Registrar declines to grant it; a Deputy Registrar of the High Court has no such power.
Civil Procedure — Jurisdiction — Orders Made Without Jurisdiction — Effect
Jurisdiction of court can only be granted by statute; any proceedings conducted by a court without jurisdiction and any order arising from such proceedings is a nullity ab initio and of no legal effect.
Civil Procedure — Illegality — Court's Duty to Address — Setting Aside Nullities
An illegality once brought to the attention of court overrides all questions of pleadings; a person affected by an order made without jurisdiction is entitled to have it set aside ex debito justitiae as a matter of right, and the court may set it aside once the illegality is brought to its attention.
Land & Property — Vesting Orders — Prerequisites Under Section 167 RTA
Four conditions must be satisfied before a vesting order can be issued under section 167 of the Registration of Titles Act: the land must be registered under the RTA; the purchaser must have paid the whole purchase price; the purchaser or those claiming under him must have taken possession with the vendor's acquiescence; and the transfer has not been executed because the vendor is dead, out of jurisdiction, or cannot be found.

Legislation cited (6)

Cases cited (6)

  • Ronald Oine v Commissioner for Land Registration (Miscellaneous Cause No. 90 of 2013)
  • Aidah Najjembe v Esther Mpagi (Civil Appeal No. 74 of 2005)
  • Massa Vs Acheng 1978 HCB at page 297
  • Desai v Warsaw [1967] EA 351
  • Makula International Ltd. Vs H. E Cardinal Nsubuga and Another (1982) HCB 11
  • Peter Mugoya Vs James Gidudu and another (1991) HCB 63

Full judgment

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

Ssenyonjo Ssewava & Anor Vs National Forestry Authority & Anor (HCT-14-CV-MC-023 OF 2018) [2019] UGHCCD 270 (3 April 2019)
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.