Wakilii

Tallikwa v Commissioner Land Registration (Registrar od Titles Wakiso) (Misc. Application No. 1274 of 2013)

High Court · [2014] UGHCLD 96 · 2014 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application for discovery arising from civil suit for land recovery
Decision
Application granted with costs; respondent ordered to produce land registry documents

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court granted order compelling Commissioner Land Registration to make discovery on oath and produce mutation instruments, transfer instruments, and search reports for land comprised in specified Busiro Block plots. Court held that documents sought were in respondent's possession under Registration of Titles Act s.37, that formal request had been made but not complied with, and that production was necessary for fair adjudication where applicant alleged fraudulent subdivision and needed to identify current proprietors to amend pleadings and join proper parties.

Outcome

Application granted with costs; respondent ordered to produce land registry documents

Facts

Applicant filed civil suit seeking recovery of land comprised in Busiro Block 405 Plots 139 and 140 at Wamala and Bukasa. After filing suit, applicant discovered that suit land had been fraudulently transferred to third parties and subsequently subdivided into multiple plots. Applicant sought to amend pleadings to join current proprietors but required current land registry status and particulars of mutations and transfers. Applicant's lawyer obtained area schedule but formal requests for search reports failed as land registry files were reported missing. Respondent neither filed response nor appeared at hearing conducted exparte on 19 March 2014.

Issues

  1. Whether the applicant satisfied the conditions for an order of discovery under Order 10 of the Civil Procedure Rules.
  2. Whether the documents sought are in the possession or power of the respondent.
  3. Whether the documents are necessary for fair and final adjudication of the suit.

Orders

  • The respondent shall make discovery on oath to produce and avail to the applicant and this court copies of certified copies of mutations and transfer instruments in respect of Busiro Block 405, Plot 139 and Busiro Block 405-406 Plots 734, 735, 736, 1522, 1523, 1524, 1525, 1526, 1527, 1528, 1529, 1530, formerly all plots comprised in Busiro Block 405, Plot 139 and Busiro Block 405-406 Plot 140 land at Wamala Bukasa.
  • The respondent shall make discovery in respect of original search reports with respect to all the land that is the subject of this application.
  • Costs of the application awarded to the applicant.

Rules and key headnotes

Discovery — Conditions for Order of Discovery under Order 10 CPR
To obtain an order for discovery under Order 10 Rule 1 of the Civil Procedure Rules, the applicant must establish three conditions: (1) the document sought is or has previously been in the possession or power of the other party; (2) the party holding the document has been previously requested to avail it but declined; and (3) production of the document is necessary for fair and final determination of the suit or for saving costs.
Land Registration — Commissioner's Duty to Maintain Register and Provide Search Reports
Under Section 37 of the Registration of Titles Act, the Commissioner for Land Registration is authorised to maintain a Register book and enter all certificates of title with particulars of dealings on the land they represent. Documents relating to land registration are in the possession and power of the Commissioner, who alone has authority to produce them.
Discovery — Production Necessary to Join Proper Parties and Avoid Future Litigation
Where an applicant in a land recovery suit discovers that the suit land has been subdivided and transferred to third parties, production of mutation and transfer instruments showing current proprietorship is necessary for fair and final adjudication, as it enables the applicant to join the proper parties and prevents future litigation while saving costs.
Uncontroverted Affidavit Evidence — Effect of Non-Appearance
Where a respondent fails to file a response to an application and does not appear to defend it, all averments in the applicant's affidavit are taken as admitted in their form.

Legislation cited (3)

Cases cited (1)

  • Ahmedriasin Ahdikadir & Co., Advocates v National Bank of Kenya (2006) 2 EA 6

Full judgment

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

Tallikwa v Commissioner Land Registration (Registrar od Titles Wakiso) (Misc. Application No. 1274 of 2013) [2014] UGHCLD 96 (24 March 2014)
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.