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Wakilii

Registration of Documents Act

Ordinance 40 of 1962 Current version · as at 31 December 2000

An Act relating to the registration of documents.

Enacted1962
Commenced31 May 1922
Last amended14 June 2024S.I. 41 of 2024
Point-in-time consolidation · as at 31 December 2000. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

An Act relating to the registration of documents.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Amendments

2 amending instruments
  1. 14 June 2024 Registration of Documents (Amendment of Schedule) Rules, 2024 S.I. 41 of 2024
  2. 28 July 2023 Law Revision (Miscellaneous Amendments) Act, 2023 Act 17 of 2023

Full text of the Act

0 parts · 26 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Registration of Documents Act

Commenced on 31 May 1922

[This is the version of this document at 31 December 2000.]

An Act relating to the registration of documents.

Interpretation

In this Act, "registrar" means the registrar of documents or any assistant registrar of documents appointed under section

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“In this Act, "registrar" means the registrar of documents or any assistant registrar of documents appointed under section”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. In this Act, "registrar" means the registrar of documents or any assistant registrar of documents appointed under section
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Appointment of registrar and assistant registrars

The Minister may appoint a registrar of documents and such assistant registrars of documents as he or she may consider necessary for the purposes of this Act

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Appointment of registrar and assistant registrars”.

“The Minister may appoint a registrar of documents and such assistant registrars of documents as he or she may consider necessary for the purposes of this Act”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The Minister may appoint a registrar of documents and such assistant registrars of documents as he or she may consider necessary for the purposes of this Act
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Register of documents

The registrar shall keep a register of documents and, subject to the exceptions hereafter stated, shall register in it in the manner hereafter provided all documents presented to him or her in the prescribed form on payment of the prescribed fee

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Register of documents”.

“The registrar shall keep a register of documents and, subject to the exceptions hereafter stated, shall register in it in the manner hereafter provided all documents presented to him or her in the prescribed form on payment of the prescribed fee”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The registrar shall keep a register of documents and, subject to the exceptions hereafter stated, shall register in it in the manner hereafter provided all documents presented to him or her in the prescribed form on payment of the prescribed fee
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Persons to present documents for registration

A document presented for registration must be so presented either by a person executing or claiming an interest under it or the agent of that person, and the registrar may require to be satisfied as to the identity and interest of the person by whom it is brought, or, in the case of an agent, as to his or her authority

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Persons to present documents for registration”.

“A document presented for registration must be so presented either by a person executing or claiming an interest under it or the agent of that person, and the registrar may require to be satisfied as to the identity and interest of the person by whom it is brought, or, in the case of an agent, as to his or her authority”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A document presented for registration must be so presented either by a person executing or claiming an interest under it or the agent of that person, and the registrar may require to be satisfied as to the identity and interest of the person by whom it is brought, or, in the case of an agent, as to his or her authority
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Registration, how effected

Registration shall consist in the filing of a copy (to be furnished by the person presenting the document for registration) of the document brought for registration after that copy has been certified by the registrar as a true copy

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Registration, how effected”.

“Registration shall consist in the filing of a copy (to be furnished by the person presenting the document for registration) of the document brought for registration after that copy has been certified by the registrar as a true copy”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Registration shall consist in the filing of a copy (to be furnished by the person presenting the document for registration) of the document brought for registration after that copy has been certified by the registrar as a true copy
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Numbering and filing of documents

The registrar shall number every copy so filed consecutively and record on it the date of registration and the name of the person presenting it and shall file copies in the order in which he or she receives the documents

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Numbering and filing of documents”.

“The registrar shall number every copy so filed consecutively and record on it the date of registration and the name of the person presenting it and shall file copies in the order in which he or she receives the documents”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The registrar shall number every copy so filed consecutively and record on it the date of registration and the name of the person presenting it and shall file copies in the order in which he or she receives the documents
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Memorandum endorsed on registered document

A memorandum signed by the registrar shall be endorsed on every document registered recording short particulars of the registration, which memorandum shall be prima facie evidence of the due registration of the document

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Memorandum endorsed on registered document”.

“A memorandum signed by the registrar shall be endorsed on every document registered recording short particulars of the registration, which memorandum shall be prima facie evidence of the due registration of the document”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A memorandum signed by the registrar shall be endorsed on every document registered recording short particulars of the registration, which memorandum shall be prima facie evidence of the due registration of the document
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Abstract book

The registrar shall keep a book in which he or she shall, upon registration of any document, enter the registered number, the names of the parties, the date and nature of the document and date of registration

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Abstract book”.

“The registrar shall keep a book in which he or she shall, upon registration of any document, enter the registered number, the names of the parties, the date and nature of the document and date of registration”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The registrar shall keep a book in which he or she shall, upon registration of any document, enter the registered number, the names of the parties, the date and nature of the document and date of registration
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Refusal to register where rules not complied with or document unsuitable

Where the size, shape or quality of the paper or other material on which copies of documents presented for registration shall be made or the manner in which they shall be made is prescribed by rules made under this Act, the registrar may refuse to register any document which does not comply with those rules; and where such matters are not prescribed by rules, the registrar may refuse registration of any document of which the copy presented for registration is not, in his or her opinion, suitable for filing

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Refusal to register where rules not complied with or document unsuitable”.

“Where the size, shape or quality of the paper or other material on which copies of documents presented for registration shall be made or the manner in which they shall be made is prescribed by rules made under this Act, the registrar may refuse to register any document which does not comply with those rules; and where such matters are not prescribed by rules, the registrar may refuse registration of any document of which the copy presented for registration is not, in his or her opinion, suitable for filing”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Where the size, shape or quality of the paper or other material on which copies of documents presented for registration shall be made or the manner in which they shall be made is prescribed by rules made under this Act, the registrar may refuse to register any document which does not comply with those rules; and where such matters are not prescribed by rules, the registrar may refuse registration of any document of which the copy presented for registration is not, in his or her opinion, suitable for filing
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Refusal to register where document contains seditious, etc. matter

The registrar may refuse to register any document which contains any seditious, libellous, scandalous or indecent matter

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Refusal to register where document contains seditious, etc. matter”.

“The registrar may refuse to register any document which contains any seditious, libellous, scandalous or indecent matter”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The registrar may refuse to register any document which contains any seditious, libellous, scandalous or indecent matter
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Documents in foreign language

If any document presented for registration is not in the English language, it must be accompanied by a translation in English duly certified to the satisfaction of the registrar and also by a true copy of the original document

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Documents in foreign language”.

“If any document presented for registration is not in the English language, it must be accompanied by a translation in English duly certified to the satisfaction of the registrar and also by a true copy of the original document”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. If any document presented for registration is not in the English language, it must be accompanied by a translation in English duly certified to the satisfaction of the registrar and also by a true copy of the original document
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Documents containing interlineations, blanks, erasures or alterations

(1)

The registrar may in his or her discretion refuse to accept for registration any document in which any interlineation, blank, erasure or alteration appears, unless the persons executing the document affix their signatures or initials to the interlineation, blank, erasure or alteration.

(2)

If he or she registers such document, he or she shall at the time of registering it make note in the register of the interlineation, blank, erasure or alteration.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Documents containing interlineations, blanks, erasures or alterations”.

“(1) The registrar may in his or her discretion refuse to accept for registration any document in which any interlineation, blank, erasure or alteration appears, unless the persons executing the document affix their signatures or initials to the interlineation, blank, erasure or alteration.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The registrar may in his or her discretion refuse to accept for registration any document in which any interlineation, blank, erasure or alteration appears, unless the persons executing the document affix their signatures or initials to the interlineation, blank, erasure or alteration.
  2. (2) If he or she registers such document, he or she shall at the time of registering it make note in the register of the interlineation, blank, erasure or alteration.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Power of registrar to correct errors and omissions

Where any person alleges that any error or omission has been made in the register or that any entry or omission in the register has been procured by fraud or mistake, the registrar shall, if he or she shall consider the allegation satisfactorily proved, correct the error, omission or entry

Section analysis 3 source-matched judicial passages Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Power of registrar to correct errors and omissions”.

“Where any person alleges that any error or omission has been made in the register or that any entry or omission in the register has been procured by fraud or mistake, the registrar shall, if he or she shall consider the allegation satisfactorily proved, correct the error, omission or entry”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Where any person alleges that any error or omission has been made in the register or that any entry or omission in the register has been procured by fraud or mistake, the registrar shall, if he or she shall consider the allegation satisfactorily proved, correct the error, omission or entry
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

3
Appellate court — binding on lower courts ✓ Source matched
Section 13 and 14 of the Registration of Documents Act Cap 81 empowers a Registrar to correct an error where it is satisfadorily proven that registration was procured by fraud or mistake and that such registration does not cure any defect in any document registered or confer upon it any effect or validity which it would 25 not otherwise have had, except in so far as provided in this Ad.
Nakivubo Road Old Kampala (Kisekka) Market Vendors Limited and 5 Others v Kayita and 3 Others 2023 UGCA 352 (13 March 2023)
[2023] UGCA 352 · Court of Appeal · 2023-03-13

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Appellate court — binding on lower courts ✓ Source matched
Section 13 and 14 of the Registration of Documents Act Cap 81 empowers a Registrar to correct an error where it is satisfactorily proven that registration was procured by fraud or mistake and that such registration does not cure any defect in any document registered or confer upon it any effect or validity which it would 25 not otherwise have had, except in so far as provided in this Act.
Nakivubo Road Old Kampala (Kisekka) Market Vendors Limited and 5 Others v Kayita and 3 Others (Civil Appeal No. 266 of 2017) [2023] UGCA 84 (13 March 2023)
[2023] UGCA 84 · Court of Appeal · 2023-03-13

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Appellate court — binding on lower courts ✓ Source matched
Section 13 and 14 of the Registration of Documents Act Cap 81 empowers a Registrar to correct an error where it is satisfadorily proven that registration was procured by fraud or mistake and that such registration does not cure any defect in any document registered or confer upon it any effect or validity which it would 25 not otherwise have had, except in so far as provided in this Ad.
Nakivubo_Road_Old_Kampala_(Kisekka)_Market_Vendors_Limited_and_5_Others_v_Kayita_and_3_Others_(Consolidated_Civil_Appeals_266_of_2017;_Consolidated_Civil_Appeals_297_of_2017)_[2023
NoneCourt of Appeal

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Registration not to cure defect or confer validity

Registration shall not cure any defect in any document registered or confer upon it any effect or validity which it would not otherwise have had, except insofar as provided in this Act

Section analysis 3 source-matched judicial passages Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Registration not to cure defect or confer validity”.

“Registration shall not cure any defect in any document registered or confer upon it any effect or validity which it would not otherwise have had, except insofar as provided in this Act”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Registration shall not cure any defect in any document registered or confer upon it any effect or validity which it would not otherwise have had, except insofar as provided in this Act
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

3
Appellate court — binding on lower courts ✓ Source matched
Section 13 and 14 of the Registration of Documents Act Cap 81 empowers a Registrar to correct an error where it is satisfadorily proven that registration was procured by fraud or mistake and that such registration does not cure any defect in any document registered or confer upon it any effect or validity which it would 25 not otherwise have had, except in so far as provided in this Ad.
Nakivubo Road Old Kampala (Kisekka) Market Vendors Limited and 5 Others v Kayita and 3 Others 2023 UGCA 352 (13 March 2023)
[2023] UGCA 352 · Court of Appeal · 2023-03-13

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Appellate court — binding on lower courts ✓ Source matched
Section 13 and 14 of the Registration of Documents Act Cap 81 empowers a Registrar to correct an error where it is satisfactorily proven that registration was procured by fraud or mistake and that such registration does not cure any defect in any document registered or confer upon it any effect or validity which it would 25 not otherwise have had, except in so far as provided in this Act.
Nakivubo Road Old Kampala (Kisekka) Market Vendors Limited and 5 Others v Kayita and 3 Others (Civil Appeal No. 266 of 2017) [2023] UGCA 84 (13 March 2023)
[2023] UGCA 84 · Court of Appeal · 2023-03-13

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Appellate court — binding on lower courts ✓ Source matched
Section 13 and 14 of the Registration of Documents Act Cap 81 empowers a Registrar to correct an error where it is satisfadorily proven that registration was procured by fraud or mistake and that such registration does not cure any defect in any document registered or confer upon it any effect or validity which it would 25 not otherwise have had, except in so far as provided in this Ad.
Nakivubo_Road_Old_Kampala_(Kisekka)_Market_Vendors_Limited_and_5_Others_v_Kayita_and_3_Others_(Consolidated_Civil_Appeals_266_of_2017;_Consolidated_Civil_Appeals_297_of_2017)_[2023
NoneCourt of Appeal

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Registers may be searched and copies obtained

The register may be searched and examined by any applicant during the usual office hours, and certified copies of any registered document or part of a registered document may be obtained if required; but no document filed in the register shall be permitted to be taken from the register

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Registers may be searched and copies obtained”.

“The register may be searched and examined by any applicant during the usual office hours, and certified copies of any registered document or part of a registered document may be obtained if required; but no document filed in the register shall be permitted to be taken from the register”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The register may be searched and examined by any applicant during the usual office hours, and certified copies of any registered document or part of a registered document may be obtained if required; but no document filed in the register shall be permitted to be taken from the register
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Copy of lost document

In the event of the loss or destruction of any document registered under this Act, a copy certified to be a true copy under the hand of the registrar shall be admissible in evidence of its contents in all courts in Uganda subject to all just and lawful exceptions

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Copy of lost document”.

“In the event of the loss or destruction of any document registered under this Act, a copy certified to be a true copy under the hand of the registrar shall be admissible in evidence of its contents in all courts in Uganda subject to all just and lawful exceptions”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. In the event of the loss or destruction of any document registered under this Act, a copy certified to be a true copy under the hand of the registrar shall be admissible in evidence of its contents in all courts in Uganda subject to all just and lawful exceptions
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Certified copy of registered document admissible in civil cases

(1)

Every certified copy of any registered document purporting to be signed by the registrar shall be admissible in evidence in any civil case without proof of the correctness of the copy or the genuineness of the signature, unless it is alleged either that the original is a forgery or that the copy purporting to be signed by the registrar is a forgery or incorrect.

(2)

The party proposing to use it in evidence shall deliver a copy of such certified copy to the opposite party, and that copy shall be received in evidence if the court is of opinion that the copy of it was delivered in sufficient time before the hearing to enable the opposite party to inspect the original register from which the copy has been taken.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Certified copy of registered document admissible in civil cases”.

“(1) Every certified copy of any registered document purporting to be signed by the registrar shall be admissible in evidence in any civil case without proof of the correctness of the copy or the genuineness of the signature, unless it is alleged either that the original is a forgery or that the copy purporting to be signed by the registrar is a forgery or incorrect.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) Every certified copy of any registered document purporting to be signed by the registrar shall be admissible in evidence in any civil case without proof of the correctness of the copy or the genuineness of the signature, unless it is alleged either that the original is a forgery or that the copy purporting to be signed by the registrar is a forgery or incorrect.
  2. (2) The party proposing to use it in evidence shall deliver a copy of such certified copy to the opposite party, and that copy shall be received in evidence if the court is of opinion that the copy of it was delivered in sufficient time before the hearing to enable the opposite party to inspect the original register from which the copy has been taken.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Nonliability of registrar

The registrar shall not be liable to any suit, claim or demand by reason of anything done or omitted to be done by him or her in good faith in his or her official capacity

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Nonliability of registrar”.

“The registrar shall not be liable to any suit, claim or demand by reason of anything done or omitted to be done by him or her in good faith in his or her official capacity”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The registrar shall not be liable to any suit, claim or demand by reason of anything done or omitted to be done by him or her in good faith in his or her official capacity
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Fees

The fees prescribed in the Schedule to this Act shall be payable for the matters to which they relate; but the fees may be altered or added to or a new Schedule substituted by rules made under section

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Fees”.

“The fees prescribed in the Schedule to this Act shall be payable for the matters to which they relate; but the fees may be altered or added to or a new Schedule substituted by rules made under section”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The fees prescribed in the Schedule to this Act shall be payable for the matters to which they relate; but the fees may be altered or added to or a new Schedule substituted by rules made under section
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Minister may make rules

(1)

The Minister may make rules for carrying out the purposes and provisions of this Act.

(2)

Those rules may provide a penalty not exceeding two hundred shillings for any breach of the rules.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Minister may make rules”.

“(1) The Minister may make rules for carrying out the purposes and provisions of this Act.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The Minister may make rules for carrying out the purposes and provisions of this Act.
  2. (2) Those rules may provide a penalty not exceeding two hundred shillings for any breach of the rules.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Preservation of old registers

All registers kept under the Uganda Registration of Documents Ordinance shall be delivered into the custody of the registrar under this Act and preserved by him or her, and shall be open to inspection in the same manner as the register kept under this Act; and a certified copy of any document registered in those registers may be furnished by the registrar in the same manner as a certified copy of a document registered under this Act Schedule (Section 19 )

Fees

Shs.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Preservation of old registers”.

“All registers kept under the Uganda Registration of Documents Ordinance shall be delivered into the custody of the registrar under this Act and preserved by him or her, and shall be open to inspection in the same manner as the register kept under this Act; and a certified copy of any document registered in those registers may be furnished by the registrar in the same manner as a certified copy of a document registered under this Act Schedule (Section 19)”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. All registers kept under the Uganda Registration of Documents Ordinance shall be delivered into the custody of the registrar under this Act and preserved by him or her, and shall be open to inspection in the same manner as the register kept under this Act; and a certified copy of any document registered in those registers may be furnished by the registrar in the same manner as a certified copy of a document registered under this Act Schedule (Section 19)
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

1. For registering any document

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. For a general search (whether in the old or new

register or in both)

3. For inspection of a particular document (whether

in the old or new register)

(a)

where the registration reference is supplied 50

(b)

where it is not 100

4. For copies of documents (exclusive of plans)

(a)

certified

(i)

for the first folio of 100 words or part thereof 400

(ii)

for every folio or part of a folio after the first 100

(b)

uncertified

(i)

for the first folio of 100 words or part thereof 200

(ii)

for every folio or part of a folio after the first 50

5. For copies of plans

(a)

certified 300

(b)

uncertified 200 or such sum as the registrar may direct

Original Laws of Uganda consolidation (as at 31 December 2000) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.