Wakilii

Wangi v Commissioner for Land Registration & 3 Others (Miscellaneous Cause 401 of 2023)

High Court · [2024] UGHCLD 210 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Miscellaneous application seeking declarations that certificate of purchase issued to 4th respondent was illegal and orders for registration of applicant as proprietor of expropriated property
Decision
Application granted; 4th respondent's registration cancelled; applicant ordered to be registered as proprietor of suit land; 4th respondent may pursue recovery of money paid

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that certificate of purchase issued to the 4th respondent in 1992 for expropriated property was illegal because it violated section 2 of the Expropriated Properties Act which nullified all transactions in expropriated property. The property was not listed for sale, not valued by a board of valuers, no reserve price was set, and it was not sold through competitive tender as required by regulation 11 of the Expropriated Properties (Repossession and Disposal) Regulations. Prior transactions including mortgage sale and transfers between 1972 and 1985 were also nullified. Applicant's certificate of purchase issued in 2021 was legal, having followed proper procedures. 4th respondent's registration cancelled and applicant ordered to be registered as proprietor.

Outcome

Application granted; 4th respondent's registration cancelled; applicant ordered to be registered as proprietor of suit land; 4th respondent may pursue recovery of money paid

Facts

Plot 4 Fort Road, Kampala was originally owned by Asian proprietors who entered into a memorandum of sale with Sebastiano Bamutura on 6 September 1972. Three days later, on 9 September 1972, Asians were expelled from Uganda. Bamutura had paid half the consideration. The property was taken over by the Departed Asian Custodian Board in 1973. In 1980, Bamutura paid the balance to the Board and the property was transferred to him. In 1982, Bamutura sold to Christopher Mubiru who mortgaged it and defaulted, leading to foreclosure and public auction sale to Rio Holdings (4th respondent) in 1985. In 1991, the Board invited the 4th respondent for a meeting and in 1992 issued certificate of purchase No. 0062 on condition of executing fresh purchase agreement. Applicant's predecessor Abdul Karim Kironde was allocated the property as tenant and paid rent for over 30 years. The property was formally listed for sale in 1995. Applicant was allocated the property, accepted an offer, paid UGX 266,500,000 following proper valuation, and was issued certificate of purchase No. 3702 on 24 August 2021.

Issues

  1. Whether the certificate of purchase earlier issued to the 4th respondent was illegally issued and is a nullity in law.
  2. Whether the applicant is the lawful owner of the suit land having purchased the same from government but the 1st respondent has without reasonable cause refused to register the applicant and to issue him a certificate of title.

Orders

  • A declaration that certificate of purchase No. 0062 issued to the 4th respondent on 15.11.1992 was issued illegally.
  • A declaration that the applicant is the lawful owner of the suit land.
  • The 1st respondent is ordered to deregister the 4th respondent as the proprietor of the suit land and register the applicant as the proprietor of the same.
  • The 4th respondent is free to take any action for recovery of any money paid to the 3rd respondent in relation to the suit land.
  • Costs are awarded against the 3rd and 4th respondents.

Rules and key headnotes

Land & Property — Expropriated Properties — Nullification of Transactions — Section 2 Expropriated Properties Act
Section 2(2)(a) of the Expropriated Properties Act nullifies all purchases, transfers, grants and dealings of whatever kind in expropriated property made between the time the property was first vested in Government by the Assets of Departed Asians Decree 1973 and the coming into force of the Expropriated Properties Act 1982, regardless of such transactions having been validly made.
Administrative Law — Disposal of Expropriated Properties — Mandatory Procedures — Valuation and Competitive Tender
Under regulation 11 of the Expropriated Properties (Repossession and Disposal) Regulations, before expropriated property can be sold, it must be valued by valuers appointed by the Minister subject to guidance of the board of valuers, a reserve price must be determined by the board of valuers, and the property must be sold by competitive tender. Disposal without following these procedures renders the transaction illegal.
Land & Property — Expropriated Properties — Transfer by Person Without Good Title — Nullity
Where a person acquired property through a transaction nullified by section 2 of the Expropriated Properties Act, that person obtained no good title to pass. Subsequent transfers, mortgages, foreclosures and registrations flowing from the void transaction are equally illegal and void.
Statutory Interpretation — Remedial Legislation — Purpose of Expropriated Properties Act
The Expropriated Properties Act is remedial legislation enacted to remedy the wrongs of the previous government by returning properties to former owners or, where that is not possible, ensuring adequate compensation is paid to former owners from the proceeds of disposal. Any interpretation that defeats this purpose is to be rejected.

Legislation cited (13)

Cases cited (3)

  • Victoria Tea Estates Ltd v James Bbemba (Civil Appeal No. 49 of 1996)
  • Gokatdas Laximidas Tanna v Sr. Rosemary Munyinza & Departed Asian Property Custodian Board (Supreme Court Civil Appeal No. 12 of 1992)
  • Registered Trustees of Kampala Institute vs Departed Asians Property Custodian Board SCA no. 23 of 199

Full judgment

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

Wangi_v_Commissioner_for_Land_Registration_&_3_Others_(Miscellaneous_Cause_401_of_2023)_[2024]_UGHCLD_210_(23_August_2024)
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.