Wakilii

Tom Gatare v Parkash Kaur and Another (Civil Suit 106 of 1995)

High Court · [1998] UGHC 45 · 1998 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objection raised by plaintiff challenging Registrar of Titles' jurisdiction to cancel certificate of title
Decision
Registrar's decision to cancel plaintiff's registration upheld; matter to proceed to full hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the Registrar of Titles acted lawfully in cancelling the plaintiff's certificate of title under Section 178(a) of the Registration of Titles Act. A court order is required only where the holder refuses to surrender the title as requested under Section 69. The plaintiff voluntarily surrendered the title after being notified of irregularities. The Registrar's power to correct errors includes cancellation of registration obtained through irregular process. Preliminary objection overruled.

Outcome

Registrar's decision to cancel plaintiff's registration upheld; matter to proceed to full hearing

Facts

The plaintiff purchased Plot No. 5 Banigo Road, Kabale District from L.S. Kogo acting under power of attorney from the first defendant dated 1 December 1987. Sale occurred on 6 October 1989 and property was registered in plaintiff's name on 6 March 1990 under Instrument No. 241091. By letter dated 19 January 1994, the Registrar of Titles notified the plaintiff of irregularities surrounding his registration and gave 21 days to show cause why the register should not be amended to reinstate the first defendant. Plaintiff's lawyers responded stating he was a victim of circumstances and requesting time to rectify errors. On 24 April 1994, the Registrar declined to entertain subsequent transfer, noting the transfer was signed by Kogo without lawful power of attorney as required by Section 154 of the Registration of Titles Act. The Registrar impounded the special certificate of title and cancelled the plaintiff's registration. Plaintiff brought suit seeking declarations of ownership, permanent injunction, and order directing Registrar to reinstate him as registered proprietor.

Issues

  1. Whether the Registrar of Titles acted without jurisdiction in cancelling the plaintiff's certificate of title without first obtaining a court order.
  2. Whether the Registrar of Titles had power under Section 178(a) of the Registration of Titles Act to correct errors by cancelling registration.

Orders

  • Preliminary objection overruled.
  • Hearing of the main suit to proceed.

Rules and key headnotes

Registration of Titles — Registrar's Power to Cancel — Voluntary Surrender of Title
Where the Registrar of Titles requires surrender of a certificate of title under Section 69 of the Registration of Titles Act and the holder voluntarily surrenders it, the Registrar may cancel the certificate without obtaining a court order. A court order is required only where the holder refuses or neglects to comply with the requisition.
Registration of Titles — Registrar's Power Under Section 178(a) — Correction of Errors
Section 178(a) of the Registration of Titles Act empowers the Registrar to correct errors in the register. This power extends to cancellation of a certificate of title where the registration was obtained through a process that failed to satisfy legal requirements, including registration effected under a defective power of attorney.
Administrative Powers — Exercise of Statutory Discretion — Registrar of Titles
Where the Registrar of Titles enumerates specific irregularities and affords notice and opportunity to respond before acting under Section 69 and Section 178(a) of the Registration of Titles Act, the Registrar acts within jurisdiction and not illegally. The decision stands until the contrary is proved in substantive proceedings.

Legislation cited (5)

Cases cited (3)

  • Fred Sentale v Chief Registrar of Titles (Miscellaneous Application No. 21 of 1995)
  • Sudaplast Industries Ltd v Chief Registrar of Titles (Miscellaneous Application No. 93 of 1995)
  • British India General Insurance Co Ltd v Commissioner for Land Registration (Miscellaneous Application No. 655 of 1999)

Full judgment

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

Tom Gatare v Parkash Kaur and Another (Civil Suit 106 of 1995) [1998] UGHC 45 (3 February 1998)
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.