Wakilii

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

High Court · [2010] UGHC 253 · 2010 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for vesting order under Section 188 of the Registration of Titles Act following alleged donation of land by deceased in 1970
Decision
Application dismissed on five preliminary objections; no substantive hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the application for a vesting order was fatally defective and misconceived. An affidavit not dated by the Commissioner for Oaths offends the Oaths Act and cannot stand in law. Service of court process outside the 21-day period prescribed by Order 5 rule 2 of the Civil Procedure Rules, without a prior application for extension of time, offends the law. Applications for vesting orders on grounds of possession and acquiescence under the Registration of Titles Act must be brought before the Chief Registrar of Titles, not the High Court. The Administrator General, having no grant of probate or letters of administration to the deceased's estate, was wrongly sued. A bequest for charitable purposes by a testator with relatives is void under Section 105 of the Succession Act where the will was not deposited in the prescribed place within six months of execution. Application dismissed with costs.

Outcome

Application dismissed on five preliminary objections; no substantive hearing

Facts

The applicant church claimed a donation of 10 acres from the late Yose Kato made in 1970 on land comprised in Bulemezi Block 399 plot 12. The deceased died in 1976. The applicant alleged possession since 1976 acquiesced by the deceased's family and the Administrator General, whose office opened an estate file in 1993. The applicant sought a vesting order directing the Commissioner Land Registration to transfer the land into its name, citing the deceased donor's death and the Administrator General's alleged failure to effect the transfer. The respondents did not file affidavits in reply. At the hearing, counsel for the Administrator General raised five preliminary objections on points of law.

Issues

  1. Whether the affidavit in support of the application is valid when not dated.
  2. Whether service of the application was effected within the time prescribed by law.
  3. Whether the application for a vesting order was brought before the correct forum.
  4. Whether the Administrator General is the proper party to an application concerning a private estate.
  5. Whether a bequest for charitable purposes made by a testator with relatives is valid when not deposited as required by law.

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Affidavits — Formal Requirements — Date of Swearing
An affidavit which is not dated by the Commissioner for Oaths offends Sections 6 of the Oaths Act cap 19 and 5 of the Commissioner for Oaths (Advocates) Act cap 5, which require that the jurat state truly the place and date on which the affidavit is sworn, and such an affidavit cannot stand in law.
Service of Process — Time Limits — Extension of Time
Order 5 rule 2 of the Civil Procedure Rules requires service of court process within 21 days from the date of issue, and any extension of that time must be sought by application to court made within 15 days after the expiration of the 21 days upon showing sufficient reason; failure to serve within that period or to obtain an extension offends the law.
Vesting Orders — Proper Forum — Chief Registrar of Titles
Section 78 of the Registration of Titles Act provides that applications for vesting orders on grounds of possession and acquiescence must be made to the Chief Registrar of Titles, not to the High Court, and an application brought before the wrong forum is misconceived.
Administration — Parties — Standing to Sue
The Administrator General, where it holds neither probate nor letters of administration to a deceased's estate, is not the proper party to an application concerning the administration or distribution of that estate, and is wrongly sued in such proceedings.
Wills — Bequests for Charitable Purposes — Formalities
Section 105 of the Succession Act cap 162 prohibits persons having relatives from bequeathing property to religious or charitable uses except where 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; a bequest not meeting these requirements is illegal and void.

Legislation cited (11)

Full judgment

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The Church of Almighty God Malaki Ltd v Administrator General and Others (Miscellaneous Application No. 92 of 2009) [2010] UGHC 253 (16 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.