Wakilii

Steven Pepe v The Registrar of Titles (HCT-00-CV-MC-0070-2004)

High Court · [2005] UGHC 45 · 2005 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by notice of motion for orders compelling the Registrar of Titles to register a caveat and register the applicant as proprietor
Decision
Caveat ordered to be registered; registration as proprietor deferred pending Registrar's appearance

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application partly granted. Court ordered the Registrar of Titles to register the applicant's caveat to protect his interest in land he claimed to have purchased in 1991, relying on Andrea Lwanga v The Registrar of Titles. Registration of the applicant as proprietor was declined pending the Registrar appearing in court to explain reservations, consistent with the same precedent.

Outcome

Caveat ordered to be registered; registration as proprietor deferred pending Registrar's appearance

Facts

The applicant claimed he purchased land comprised in Block 19 Plot 5 at Ggomba Kalaybwalo from registered proprietor Badru Ssali in 1991 pursuant to a sale agreement. He received transfer forms and a certificate of title, took possession, and made substantial developments including residential and farm buildings. In April 2001 he lodged a caveat with the Registrar of Titles, which was declined without explanation. In November 2001 he applied to register as proprietor, but the Registrar again declined without giving reasons. The applicant brought this motion seeking orders compelling registration of the caveat and his name as proprietor.

Issues

  1. Whether the Registrar of Titles should be compelled to register the applicant's caveat on land allegedly purchased in 1991.
  2. Whether the applicant should be registered as proprietor of the suit land without a hearing before the Registrar to explain reservations.

Orders

  • Application partly granted.
  • The applicant's caveat to be registered by the Registrar of Titles.
  • No orders as to costs.

Rules and key headnotes

Land Registration — Caveats — Duty of Registrar to Register Where Interest Established
Where an applicant presents a sale agreement and transfer forms demonstrating some interest in land, the Registrar of Titles should register a caveat lodged by the applicant to protect that interest against other claimants.
Land Registration — Registration as Proprietor — Need for Registrar to Explain Reservations
Before ordering registration of an applicant as proprietor, it is proper to have the Registrar of Titles appear in court to explain any reservations on the matter.
Administrative Decisions — Duty to Give Reasons — Registrar of Titles
The Registrar of Titles acts improperly when declining to register a caveat or an applicant's name as proprietor without providing reasons for the refusal.

Legislation cited (5)

Cases cited (1)

  • Andrea Lwanga v The Registrar of Titles [1980] HCB 24

Full judgment

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

Steven Pepe v The Registrar of Titles (HCT-00-CV-MC-0070-2004) [2005] UGHC 45 (9 August 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.