Wakilii

Stephen Kakuba Kasekende v Commissioner Land Registration (Miscellaneous Cause No. 78 of 2024)

High Court · [2025] UGHCLD 165 · 2025 Application Dismissed 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 following Commissioner's refusal to exercise discretion
Decision
Application for vesting order dismissed for failure to satisfy all statutory conditions

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for vesting order dismissed. Court held that while the applicant satisfied some conditions under Section 167 of the Registration of Titles Act — the land was registered and the applicant had taken possession — he failed to prove payment of the full purchase price and failed to adduce evidence that the vendor was dead or could not be found. All statutory conditions must be satisfied before a vesting order can issue.

Outcome

Application for vesting order dismissed for failure to satisfy all statutory conditions

Facts

On 24 June 1992, the applicant entered into a sale agreement with Adoniya Musoke to purchase land comprised in Kyadondo Block 20 Plot 327 at Busega for UGX 7,000,000. The agreement provided for payment in installments: UGX 3,500,000 at signing and two further installments of UGX 1,750,000 each on 4 July 1992 and 24 August 1992. The applicant took possession of the land and lodged a caveat. A consent to transfer was executed in 1994 and stamp duty paid. The applicant alleged the vendor had died and the duplicate certificate of title was lost, preventing completion of the transfer. The applicant applied to the Commissioner Land Registration for a vesting order, which was refused. The applicant then brought this application to the High Court seeking a vesting order directing transfer of the land into his name.

Issues

  1. Whether the Application discloses grounds that justify the grant of vesting order to the Applicant

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Vesting Orders — Statutory Conditions under Registration of Titles Act s.167
Before a vesting order can be granted under Section 167 of the Registration of Titles Act, the applicant must prove: (i) that the land is registered under the Act and the whole purchase price has been paid; (ii) that the purchaser or those claiming under him have taken possession; (iii) that entry has been acquiesced in by the vendor or his representative; and (iv) that transfer has not been executed because the vendor is dead, residing out of jurisdiction, or cannot be found. All conditions are cumulative and must be satisfied.
Vesting Orders — Jurisdiction of High Court — Exhaustion of Administrative Remedies
An applicant seeking a vesting order must first apply to the Commissioner for Land Registration under Section 167 of the Registration of Titles Act. Only after the Commissioner declines to exercise discretion may the applicant invoke the inherent jurisdiction of the High Court under Section 98 of the Civil Procedure Act.
Vesting Orders — Proof of Payment of Purchase Price
Where a sale agreement provides for payment of the purchase price in installments, the applicant for a vesting order must adduce evidence of payment of all installments. Proof of payment of only the initial installment is insufficient to satisfy the statutory requirement that the whole of the purchase price has been paid.
Vesting Orders — Proof of Vendor's Death or Unavailability
An applicant for a vesting order must adduce evidence to prove that the vendor is dead, residing out of jurisdiction, or cannot be found. Mere assertion of the vendor's death without supporting evidence is insufficient to satisfy the statutory condition under Section 167 of the Registration of Titles Act.

Legislation cited (7)

Cases cited (1)

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

Full judgment

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

Stephen_Kakuba_Kasekende_v_Commissioner_Land_Registration_(Miscellaneous_Cause_No._78_of_2024)_[2025]_UGHCLD_165_(30_July_2025)
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.