Wakilii

Uganda Investment Authority and Another v M/S Victoria Best Limited (HC.C.S. NO. 279 OF 2010)

High Court · [2013] UGHCLD 405 · 2013 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit in Land Division for declaration of title and cancellation of competing certificate of title
Decision
Defendant ordered to give vacant possession to 2nd plaintiff within ten days; defendant's certificate of title cancelled; permanent injunction granted restraining defendant from interfering with suit property

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where two certificates of title relate to the same property, priority is determined by date of registration under section 48 of the Registration of Titles Act. The 2nd Plaintiff registered its interest in 2008 before the Defendant registered in 2010, and is therefore entitled to be declared the legally registered proprietor. The Defendant's certificate of title was issued in error and must be cancelled.

Outcome

Defendant ordered to give vacant possession to 2nd plaintiff within ten days; defendant's certificate of title cancelled; permanent injunction granted restraining defendant from interfering with suit property

Facts

The 1st Plaintiff (Uganda Investment Authority) was allocated property at Luzira in 1997 by Government directive for industrial development and was authorised to evaluate investors and allocate parcels. The 1st Plaintiff allocated part of this property to the 2nd Plaintiff (Surgipharm), which obtained a certificate of title (LRV 3830 Folio 15 Plot 2A-4A Third Ring Road) registered on 6 February 2008 and took immediate possession. In 2010, the Defendant's agents entered the property, uprooted the 2nd Plaintiff's signage, and evicted its caretaker. The Defendant produced a certificate of title (LRV 4107 Folio 12 Plot 154 Block 243) issued by Uganda Land Commission on 8 June 2010, relating to the same property though with different acreage. The Defendant had applied to Uganda Land Commission in 2006 for land allocation at Luzira, and the title was issued after consultation with government departments, though required clearance from the 1st Plaintiff and Ministry of Finance was never obtained.

Issues

  1. Whether the 2nd Plaintiff is the rightful owner of property comprised in LRV 3830 Folio 15 Plot 2A-4A Ring Road?
  2. Whether or not the Defendant's title was validly obtained and/or issued?
  3. What remedies are available to the parties?

Orders

  • The 2nd plaintiff's certificate of title to the suit property was validly issued by the Commissioner Land Registration. The 2nd plaintiff is the proper registered proprietor of the suit land.
  • The certificate of title in respect of the suit land in possession of the defendant was issued in error by Commissioner Land Registration and is accordingly cancelled.
  • A declaration that property comprised in LRV 3830 Folio 15 plot 2A-4A, 3rd Ring Road belongs to the 2nd plaintiff is granted.
  • An order for cancellation of the defendant's certificate of title over property comprised in LRV 4107 Folio 12 Plot 154 by the Commissioner Land Registration within ten (10) days from the date of delivery of this judgment is granted.
  • An order to the defendant to give vacant possession of the suit land to the 2nd plaintiff immediately after delivery of this judgment but in any event not later than ten (10) days from the date of delivery of this judgment is granted.
  • An order of a permanent injunction restraining the defendant, its agents and all those claiming interest in the suit property under it from conducting any activities on the suit property or interfering in any way in the suit property/land is granted.
  • The defendant shall pay costs of the suit to the plaintiffs.

Rules and key headnotes

Land & Property — Registration of Title — Priority Between Competing Titles — Date of Registration
Where two certificates of title relate to the same property, priority as between the certificates is determined by the date of registration and not the date of the instrument, notwithstanding any actual or constructive notice.
Land & Property — Registration of Title — Cancellation of Certificate — Certificate Issued in Error
Where a certificate of title is issued in respect of land already granted to another person whose title was registered first, the later certificate of title issued in error must be cancelled.
Statutory Interpretation — Registration of Titles Act — Section 48 — Order of Registration
Under section 48 of the Registration of Titles Act, instruments purporting to affect the same estate or interest are entitled to priority according to the date of registration and not according to the date of the instrument.

Legislation cited (3)

Cases cited (2)

  • Kazzora v M.I.S Rukuba (Supreme Court Civil Appeal No. 13 of 1992)
  • Uganda Revenue Authority v Wanume David Kitamirike (Civil Appeal No. 43 of 2010)

Full judgment

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

Uganda Investment Authority and Another v M_S Victoria Best Limited (HC.C.S. NO. 279 OF 2010) [2013] UGHCLD 405 (3 July 2013)
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.