Tumwine and Others v Asiimwe (Miscellaneous Cause 9 of 2023)

Observed later treatment

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.

Holding

Held that upon the death of one joint tenant, her interest passed by survivorship to the remaining joint tenants equally under the Registration of Titles Act s.56. The deceased's interest did not form part of her estate and was not subject to administration by the Administrator General. A purported bequest of an interest in jointly held land is ineffective absent severance of the joint tenancy. Court granted the application and ordered severance and subdivision into four equal shares.

Outcome

Joint tenancy severed and land ordered subdivided into four equal shares among the surviving joint tenants

Facts

The applicants and respondent were biological siblings registered as joint tenants with their late mother, Amooti Betty Turyahikayo, on a freehold property comprising 0.327 hectares in Mbarara. All five were registered as joint proprietors on 13 April 2012. Amooti Betty died on 14 July 2022. After her death, the siblings agreed to subdivide the land into four equal shares but the respondent frustrated subdivision efforts. The respondent claimed the deceased had bequeathed him part of the land before her death and argued the matter fell under the Administrator General's jurisdiction. Disputes and animosity arose among the co-owners over ownership and use of the land.

Issues

1. Whether the applicants were entitled to an order for subdivision of land held under joint tenancy.
2. Whether the respondent's claim to have received a bequest from the deceased joint tenant had any legal effect while the joint tenancy subsisted.
3. Whether the office of the Administrator General had jurisdiction over property held under joint tenancy after the death of one joint tenant.

Orders

• The land comprised in Freehold Register Volume 1162, Folio 5, Plots 6 and 12 Bulemba Crescent and Plot 231 Bulemba Road measuring 0.327 hectares was as of 14 July 2022 at 11:30am when Turyahikayo Betty Amooti died held by Asimwe Wilson, Kengonzi Tumusiime Barbra, Tumwine Wills and Birungi Doreen under a joint tenancy.
• The joint tenancy of Asimwe Wilson, Kengonzi Tumusiime Barbra, Tumwine Wills and Birungi Doreen in the land is hereby severed.
• The land shall be subdivided into four equal parts owned by each of the co-owners: Asimwe Wilson, Kengonzi Tumusiime Barbra, Tumwine Wills and Birungi Doreen.
• The subdivision will take into account areas that each of the co-owners have greater attachment by virtue of development.
• Each co-owner shall meet their costs of processing his or her individual certificate of title.
• Each party shall cater for their own costs.

Rules and key headnotes

Legislation cited (8)

• Constitution of the Republic of Uganda Article 26
• Constitution of the Republic of Uganda Article 50(1)
• Constitution of the Republic of Uganda Article 50(2)
• Civil Procedure Act s.98
• Judicature Act s.14
• Judicature Act s.33
• Registration of Titles Act s.56
• Registration of Titles Act s.57(2)

Cases cited (3)

• Olum Zachary v Bongomin John (High Court Civil Application No. 120 of 2015)
• Olum Zachary v Bongomin John and 4 Others (High Court Civil Application No. 120 of 2015)
• Mukuba Charles v Julius Kiyimba Lubega (High Court Miscellaneous Cause No. 107 of 2022)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Rashida Namakula v Muyingo Haruna (MISCELLANEOUS CAUSE NO. 75 OF 2025)

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