Wakilii

The Church of Almighty God Malaki Ltd v Administrator General & Anor (Miscellaneous Application No. 92 of 2009)

High Court · [2010] UGHC 33 · 2010 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for vesting order under Registration of Titles Act seeking transfer of land allegedly donated by deceased proprietor
Decision
Application dismissed on preliminary objections without consideration of merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

All five preliminary objections upheld. The court held that the undated affidavit offended statutory requirements and could not stand in law. Service effected two months after issue without an extension order breached Order 5 rule 2 of the Civil Procedure Rules. The application was misconceived because vesting orders on grounds of possession and acquiescence must be made to the Chief Registrar under Registration of Titles Act s.78. The respondents were wrongly sued as the Administrator General held no grant in the estate. The purported bequest was void under Succession Act s.105 for failure to deposit the will as required by law.

Outcome

Application dismissed on preliminary objections without consideration of merits

Facts

The applicant church claimed to have received a donation of 10 acres from the late Yose Kato in 1970 under a will, with possession since Kato's death in 1976. The Administrator General opened an estate file in 1993 but did not facilitate transfer. The applicant sought a vesting order directing the Commissioner for Land Registration to transfer part of Bulemezi Block 399 plot 12 into the church's name. The application was supported by an affidavit of Rev. Kikute. The respondents did not file affidavits in reply but raised five preliminary objections at the hearing. The affidavit was undated, service was effected on 26 February 2010 for a notice issued 21 December 2009, and the will was never deposited for safe custody as required by law.

Issues

  1. Whether an affidavit in support of an application that is not dated is valid in law.
  2. Whether service of court process effected two months and five days after issue, without an extension order, complies with the Civil Procedure Rules.
  3. Whether an application for a vesting order based on possession and acquiescence should be brought before the High Court or the Chief Registrar of Titles.
  4. Whether the Administrator General and Commissioner for Land Registration were properly sued where the Administrator General held neither probate nor letters of administration for the estate.
  5. Whether a bequest to a religious or charitable body is valid where the will was not deposited in the place provided by law for safe custody of wills of living persons.

Orders

  • All five preliminary objections upheld.
  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Affidavits — Formal Requirements — Date
An affidavit that is not dated offends the statutory requirement under the Oaths Act s.6 and the Commissioner for Oaths (Advocates) Act s.5, which require that the jurat state truly the place and date on which the oath or affidavit is taken or made, and such an affidavit cannot stand in law.
Civil Procedure — Service of Process — Time Limits
Service of court process must be effected within 21 days from the date of issue under Order 5 rule 2 of the Civil Procedure Rules, and where service is effected outside this period without an application for extension of time made within 15 days after expiration of the 21 days, such service offends the law.
Land & Property — Vesting Orders — Competent Court or Authority
An application for a vesting order on grounds of possession and acquiescence must be made to the Chief Registrar of Titles under Registration of Titles Act s.78, not to the High Court, and an application brought before the High Court in such circumstances is misconceived.
Succession & Estates — Parties — Administrator General — Standing
Where the Administrator General holds neither probate nor letters of administration in respect of a deceased's estate, the Administrator General is wrongly sued in proceedings relating to the administration or distribution of that estate.
Succession & Estates — Wills — Charitable Bequests — Deposit Requirements
A bequest to a religious or charitable body by a person having relatives is void under Succession Act s.105 unless the will is made not less than 12 months before the testator's death and deposited in the place provided by law for safe custody of wills of living persons within 6 months from the date of its execution.

Legislation cited (14)

Full judgment

↓ Download PDF

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

The Church of Almighty God Malaki Ltd v Administrator General & Anor (Miscellaneous Application No. 92 of 2009) [2010] UGHC 33 (15 March 2010)
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.