Registration of Titles Act

1. "bankruptcy" includes liquidation of a company, and terms applicable to bankruptcy include terms applicable to the liquidation of a company;
2. "certificate of title" or "certificate" means a certificate of title issued by the Registrar under this Act;
3. "endorsed" includes anything written upon or in the margin or at the foot of any document;
4. "final mailo certificate" means a certificate by which the title of an African of Uganda to land is finally recognised;
5. "grant" means the grant by or on behalf of the Government of Uganda or a controlling authority under the Public Lands Act of land whether in fee or for years;
6. "encumbrances" includes all prior estates, interests, rights, claims and demands which can or may be had, made or set up in, to, upon, or in respect of, the land;
7. "instrument" includes any document in pursuance of which an entry is made in the register;
8. "land" includes messuages, tenements and hereditaments corporeal or incorporeal; and in every certificate of title, transfer and lease issued or made under this Act, "land" also includes all easements and appurtenances appertaining to the land described therein or reputed to be part of that land or appurtenant to it;

7 further items remain in the statutory text above.

1. (1) Except so far as is expressly enacted to the contrary, no Act or rule so far as inconsistent with this Act shall apply or be deemed to apply to land whether freehold or leasehold which is under the operation of this Act.
2. (2) This Act shall not be construed as limiting or abridging the provisions of any law for the time being in force in Uganda relating specially to the property of married women.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) A Registrar of Titles shall be appointed to have the charge and control of the Office of Titles and to exercise the powers and perform the duties conferred or imposed upon the Registrar of Titles by this or any other Act.
2. (2) There may be appointed a deputy registrar of titles and such assistant registrars of titles as may be required for the purposes of this Act.
3. (3) The appointments made under this section shall be made in accordance with any written law relating to the appointment of persons in the public service.

1. All courts, judges and persons acting judicially shall take judicial notice of the signature of the Registrar

1. The Registrar shall cause to be kept a seal bearing the impression of the armorial ensigns of Uganda and having inscribed in the margin of the seal the words "Office of Titles, Uganda"; and all certificates of title and other documents purporting to be sealed with such seal and to be signed by the Registrar or Assistant Registrar shall be admissible as evidence without further proof

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

1. (1) The Minister may appoint persons to be sworn valuers under this act and at pleasure annul the appointment of any such person.
2. (2) Every person appointed under subsection (1) shall within fourteen days from his or her appointment and before making any valuation under this Act take the following oath before a judge of the High Court or such other person as the Minister may appoint- "I, ________, (name) do solemnly swear that I will faithfully and honestly and to the best of my skill and ability make any valuation required of me under the provisions of the Registration of Titles Act. So help me God." or make the following solemn affirmation before a judge of the High Court or such other person as the Minister may appoint- "I, ________, (name) do solemnly, sincerely and truly declare and affirm that I will faithfully and honestly and to the best of my skill and ability make any valuation required of me under the provisions of the Registration of Titles Act."

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

1. (1) The grants in fee or for years of all surveyed public lands remaining unalienated and all final mailo certificates which have not been issued prior to the commencement of this Act shall be in duplicate and in addition to proper words of description shall refer to a plan of the land, and shall be delivered to the Registrar, who on payment of the fee, if any, in respect of the assurance of title shall register the grant or final mailo certificate in the manner hereafter directed.
2. (2) Registration under subsection (1) shall be deemed and taken to be an enrolment of record of the grant or certificate, and that enrolment shall relate back to the day of the date of the grant or final mailo certificate, and either part of the grant or final mailo certificate when registered under this Act shall be sufficient evidence of a duly enrolled grant or final mailo certificate of the land described in it to or in favour of the person named in it made or issued on the day of the date thereof.
3. (3) All land included in any final mailo certificate whenever issued shall after the commencement of this Act, be subject to the operation of this Act and shall be deemed to have been registered under it, and no application to bring such land under the operation of this Act shall be necessary.

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

1. At the time of the registration of every grant in fee to two or more persons in joint tenancy for any public purpose the Registrar shall endorse on it and on every subsequent certificate of title the words "no survivorship" and shall sign his or her name thereto

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

1. (2) Where after the commencement of this Act an instrument affecting land referred to in subsection (1) or any interest in that land is presented for registration, the Registrar shall proceed to bring the whole of that land under the operation of this Act in the same manner as hereafter prescribed on an application to bring that land under the Act; but if any such land has not been surveyed, the Registrar may call upon the person entitled to a certificate of title under this Act to have that land surveyed.
2. (3) All land within the meaning of this section may be brought under the operation of this Act on an application in Form I of Schedule 1 to this Act, which application may be made by any of the following persons-
3. (a) the person claiming to be the owner of the fee simple or term of years either at law or in equity;
4. (b) persons who collectively claim to be the owners of the fee simple or term of years either at law or in equity;
5. (c) persons who have the power of appointing or disposing of the fee simple or terms of years; or
6. (d) the guardian of any infant or the committee of any person suffering from mental illness unable to govern his or her estate so, however, that the application is made on behalf of that infant or person and the certificate of title is directed to issue in his or her name.
7. (4) Notwithstanding subsection (3)-
8. (a) a mortgagor shall not be entitled to make such application unless the mortgagee consents to the application; nor a mortgagee unless in the exercise of his or her power of sale, and unless the certificate of title is directed to issue in the purchaser's name; and

1 further item remain in the statutory text above.

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

1. If on any such application or dealing as aforesaid it appears to the Registrar that no transaction affecting the land has been registered under the Land Regulations, the Registration of Documents Ordinance, 1904, or the Registration of Documents Act, he or she shall bring the land under the operation of this Act forthwith by registering a certificate of title to the land in the form in Schedule 2 to this Act

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

1. If it appears to the Registrar that any such transaction as aforesaid has been registered and that all encumbrances affecting the land, excepting such as are hereafter mentioned as not requiring special notification, have been released, or that the owners of the land have consented to the application, or that any encumbrance, not being a mortgage the owner of which has not consented to the application, may be specified in the certificate of title and continue outstanding, the Registrar shall publish notice of the application in the Gazette and shall serve the notice on such person or persons as he or she may think fit, and shall appoint a time not less than twenty-eight days nor more than twelve months from the publication of the notice on or after the expiration of which the Registrar shall, unless a caveat is lodged forbidding it, bring the land under the operation of this Act

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

1. The Registrar may, after giving to the applicant or his or her agent one month's notice in this behalf, reject the application unless the applicant adduces satisfactory proof that he or she is proceeding without unnecessary delay in complying with any requisitions on the title made by the Registrar

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

1. Upon any application being made to bring land under this Act, or in any such dealing as aforesaid, the Registrar shall serve the notice thereof mentioned in section 11 on all persons appearing on the register to have a then subs estate or interest in the land

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

1. On any application to bring land under this Act on a title claimed by possession, the applicant shall post on the land the subject of the application or at such place as the Registrar directs a notice in the form of Form II of Schedule 1 to this Act, either accurately describing or necessarily including the land claimed by possession, and shall keep that notice so posted for not less than twenty-one days prior to the granting of the application; and the Registrar may refuse to issue the certificate until it has been proved to his or her satisfaction that the requirements ofthis section have been complied with

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

1. If before the registration of the certificate the Registrar has not received a caveat forbidding the registration, he or she shall bring the land under this Act by registering in the name of the applicant or in the name of such person as has been directed in that behalf a certificate of title to the land in the form in Schedule 2 to this Act

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

1. On any application to bring land under this Act in which the land actually and bona fide occupied by the applicant differs in boundaries, area or position from the land described in his or her muniments of title, he or she may apply to bring under this Act the land so occupied; and in any such case the applicant shall state in his or her application in addition to the other particulars required by this Act that the land as occupied by him or her and as to which he or she applies for a certificate is not correctly described in the muniments of title lodged in support of the application, and shall specify to the best of his or her knowledge and belief the reasons for the discrepancy between the land as occupied and the land as described in the muniments of title

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

1. On any application to bring land under this Act by a description different from that in the muniments of title, the Registrar may grant the application as to the land in the occupation of the applicant if the discrepancy between the land as occupied and as described in the muniments appears to be due to the inaccuracy of any survey or plan or description on the sale of the land by the Government of Uganda or controlling authority or on any subsequent dealing therewith, or to any discrepancy between the actual measurements or bearings at any time made or marked on the ground and those represented or mentioned in any plan or description

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

1. If the land included in any application to bring land under this Act consists of an estate or plot surveyed by the Government and it is found by survey or otherwise that by reason of erroneous measurements in the original Government survey the actual dimensions of the estate or plot as marked on the ground exceed or fall short of the dimensions given in the grant of the land, the Registrar may issue a certificate in respect of that land as if the dimensions marked on the ground had been the dimensions given in the grant

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

1. Where a block or section of public land has been subdivided into plots or portions of equal area and by reason of erroneous measurements in the original survey the area of the block or section as marked on the ground exceeds the sum of the areas of all the plots or portions as shown by any plan or description used at the sale or by any grant or certificate of title of any such plot or portion, the total excess of area of the block or section shall be deemed originally distributable among the plots or portions equally; and if the area of the land included in any application to bring land under this Act is in the applicant's possession and was in that applicant's possession or in the possession of those through whom he or she claims for over twelve years previous to the application and does not exceed the area obtained by dividing the area of the block or section as shown on the ground by the number of original plots or portions, the Registrar may, without ascertaining the dimensions of the other plots or portions and without the consent of the owner or owners of those plots or portions, issue a certificate in respect of the land included in that application as if the whole of it had been included by measurements and boundaries in the original grant or certificate of title of that plot or portion

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

1. (1) A person claiming any estate or interest in the land described in any notice issued by the Registrar under this Act may, before the registration of the certificate, lodge a caveat with the Registrar in the form in Schedule 3 to this Act forbidding the bringing of that land under this Act.
2. (2) Every caveat lodged under subsection (1) shall be signed by the caveator or by his or her agent, and shall particularise the estate or interest claimed; and the person lodging the caveat shall, if required by the Registrar, support the caveat by a statutory declaration stating the nature of the title under which the claim is made, and also deliver a perfect abstract of the title to that estate or interest.
3. (3) No caveat under this section shall be received unless some address or place in which a post office is situated shall be appointed in it as the place which notices and proceedings relating to the caveat may be served.

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

1. (1) The Registrar upon receipt of a caveat lodged under section 20 shall notify the applicant of the caveat, and shall suspend proceedings in the matter until the caveat has been withdrawn or has lapsed as provided in section 22 or 24 or until an order in the matter has been obtained from the High Court.
2. (2) The applicant may, if he or she thinks fit, summon the caveator to attend before the High Court to show cause why the caveat should not be removed, and the High Court may, upon proof that the caveator has been summoned, make such order in the premises either ex parte or otherwise and as to costs as to it seems fit.

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

1. (1) After the expiration of one month from the receipt of a caveat, that caveat shall be deemed to have lapsed, unless the person by whom or on whose behalf it was lodged within that time has taken proceedings in a court of competent jurisdiction to establish his or her title to the estate or interest specified in the caveat, and has given written notice of the proceedings to the Registrar, or has obtained and served on the Registrar an injunction or order of the High Court restraining him or her from bringing the land under this Act.
2. (2) A caveat shall not be renewed by or on behalf of the same person in respect of the same estate or interest.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. After an application has been made to have any land brought under the operation of this Act, the Registrar may require all persons having in their possession or custody any deeds, instruments or evidences of title relating to or affecting the land the subject of that application to produce them at the office of titles for his or her inspection

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

1. An applicant may withdraw his or her application at any time prior to the registration of the certificate; and the Registrar shall, in that case, return to the applicant or to the person appearing by the application to be entitled to them all muniments of title lodged in support of the application; but in that case, if a caveator has been put to expense without sufficient cause by reason of the application, he or she shall be entitled to receive from the applicant such compensation as a judge of the High Court on a summons in chambers deems just and orders.

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

1. (1) Upon registering a certificate of title, the Registrar shall endorse and sign upon the last in date of those documents registered under the Land Regulations, the Registration of Documents Ordinance, 1904, or the Registration of Documents Act, as shall have been lodged in support of the application a memorandum that land included in that document has been brought under this Act without specifying the land or referring to the certificate in which the land brought under this Act is included and shall forward a copy of the memorandum to the Registrar of documents who shall thereupon endorse and sign a like memorandum on the registered copy of the document; and if the documents lodged relate to any property other than the land included in the certificate, the Registrar shall return them to the applicant or to the person appearing by the applicant to be entitled to them; otherwise the Registrar shall stamp each of them as cancelled and after he or she has so stamped them shall retain them in the office; and no person shall be entitled to an inspection of the documents or to have any copy of them or extract from them without the written order of the applicant or of some person claiming through or under him or her or upon the order of the High Court.
2. (2) No action shall be brought upon any covenant or agreement for the production of the documents which are retained under subsection (1) or upon any agreement to give or enter into a covenant for the production of those documents; and if any such action is commenced, it shall be a sufficient answer to it that the documents are retained under this Act.

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

1. Where any subsisting lease has been lodged, the Registrar shall, after he or she has endorsed it as provided in section 25 in the case of the last in date of material registered documents, return the lease to the person lodging it upon the applicant lodging with the Registrar a certified copy of the lease

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

1. (1) The Registrar shall keep a book to be called the "Record Book" in which shall be kept a record of all deeds and documents produced and used in support of each application to bring land under this Act which hereafter is granted.
2. (2) The record referred to in subsection (1) shall state briefly the nature and date of and parties to every such deed or document, by whom executed or signed, and whether registered under the Land Regulations, the Registration of Documents Ordinance, 1904, or the Registration of Documents Act, or not, and if registered the date of the registration; and the Record Book shall be open for inspection by the public during the hours and days of business on payment of the prescribed fee.

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

1. In case the applicant or the person in whose name the applicant has requested that the certificate of title shall be issued dies between the application and the registration of the certificate, it shall be registered in the name of that applicant or of that person, as the case may be, and the land shall devolve or pass in like manner as if the certificate had been registered prior to the death of that applicant or person

1. Any person in whose name any land is registered under the Registration of Land Titles Ordinance, 1908, may make an application in the form in Schedule 4 to this Act to the Registrar to bring that land under this Act

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

1. (b) record at the foot of the certificate or certificates all encumbrances registered under the Registration of Land Titles Ordinance, 1908, and subsisting at the date of the registration of the certificate or certificates; and
2. (c) endorse the original and duplicate certificate of title under the Registration of Land Titles Ordinance, 1908, as follows:

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

1. (b) proceed as directed in section 30.

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

1. (1) When land has been brought under this Act in accordance with section 30 or 31, the register kept under the Registration of Land Titles Ordinance, 1908, shall be closed so far as concerns that land, and there shall be no further registration in respect of the land in that register.
2. (2) Land shall be deemed to have been brought under this Act as from the date on which the certificate of title with respect to the land shall have been signed by the Registrar.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. The fees payable for the registration of an instrument under section 31 shall be the same as would be payable for the registration of a like instrument under the Registration of Land Titles Ordinance, 1908, and in respect of the bringing of land under this Act in accordance with section 30 or 31 of this Act the fees specified in Schedule 5 to this Act shall be payable

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

1. (1) Upon first bringing land under the operation of this Act whether on a grant or consequent upon an application or dealing as hereinbefore provided, there shall be paid to the Registrar as a fee in respect of the assurance of title the sum specified in that behalf in Schedule 5 to this Act; and in the case of freeholds brought under this Act upon a grant, the value of the freehold for the purpose of ascertaining that sum shall be deemed to be the price paid for the land; and in the case of leaseholds brought under this Act upon a grant, the value shall be deemed to be twenty times the annual rent reserved; and in other cases the value shall be ascertained by the statutory declaration of the applicant.
2. (2) If the Registrar is not satisfied of the correctness of the value sworn to under subsection (1), he or she may require the applicant to produce a certificate of the value under the hand of a sworn valuer, which certificate shall be received as conclusive evidence of the value.
3. (3) Nothing in this section shall apply to any land included in a final mailo certificate whenever issued, unless prior to the application to bring that land under the operation of this Act it has been transferred to a person not an African of Uganda.

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

1. (1) Notwithstanding anything hereinbefore contained, the Registrar may, after the publication at the applicant's expense of such advertisements as he or she deems fit, bring any land under the operation of this Act upon the applicant paying as an additional fee in respect of assurance of title a sum of money equal to five percent of the total value of the land as an indemnity by reason of the non-production of any document affecting the title or of the imperfect nature of the evidence of title, or against any uncertain or doubtful claim or demand arising upon the title.
2. (2) Where the Registrar is not satisfied that sufficient evidence of title to any land has been produced, he or she may refuse to bring that land under the operation of this Act.

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

1. (1) Any lease of freehold or mailo land registered under this Act of which not less than ten years are unexpired may be brought under the operation of this Act as near as may be in the manner and subject to the provisions of this Act relating to lands alienated before the Registration of Land Titles Ordinance, 1908, and the provisions of this Act shall, with such adaptations as may be necessary, extend and apply accordingly.
2. (2) Every certificate of title to leasehold land shall be subject to the rights and powers of the lessor or other proprietor of the reversion immediately expectant upon the term.
3. (3) Any certificate of title to a lease granted by a registered proprietor of freehold or mailo land which has, prior to the 9th day of August, 1962, been issued by the office of titles shall be deemed to have been validly issued in accordance with this Act.

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

1. (1) The Registrar shall keep a book, to be called the "Register Book" and shall register in it certificates of title, and shall enter in such manner as to preserve their priorities the particulars of all dealings and matters affecting the land by this Act required to be registered or entered.
2. (2) The Registrar may-
3. (a) keep the Register Book, or any part of it, in such loose-leaf or other form as he or she may consider appropriate; and
4. (b) keep the Register Book in parts, each relating to a district, county, subcounty or other convenient area.
5. (3) Every person whose name is entered in the Register Book as proprietor of any land, or any interest in land, or as a caveator, or as entitled to receive any notice, or in any other capacity, shall furnish to the Registrar a place of address in Uganda.

1. (1) Certificates of title shall be in one of the forms in Schedule 2 to this Act and shall be in duplicate.
2. (2) One of the certificates shall be registered in the Register Book, and the other original, hereafter called the duplicate, shall be issued to the person entitled to it.
3. (3) Each certificate of title shall constitute a separate folium of the Register Book.
4. (4) Whenever it shall appear expedient to the Registrar, he or she may cancel the certificate of title registered in the Register Book and may register a certificate of title in any of the forms prescribed under this Act in lieu of that certificate, but the Registrar shall not issue any such new certificate until the duplicate of the certificate cancelled under this subsection is in his or her hands.
5. (5) Where the Register Book is kept in parts under section 37(2)(b), the Registrar shall-
6. (a) file each certificate in the appropriate part of the Register Book, by reference to the location of the land in respect of which the certificate is registered; and
7. (b) enter upon the certificate a reference to the block and plot number of the land in respect of which the certificate is registered, as shown on a plan approved by the Registrar of lands and surveys.
8. (6) Where the Registrar has entered upon a certificate a reference to the block and plot number under subsection (5), references in this Act to a volume or folium of the Register Book shall be construed as references to that block or plot number, as the case may be.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Where the Registrar deems it necessary or expedient to do so, he or she may, after the 1st day of November, 1958, in respect of any land for which no certificate of title has previously been registered and of which no survey plan has been deposited, with the consent of the Registrar of lands and surveys, register a certificate in any of the prescribed forms which is endorsed with the words "Limited as to Parcels"

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

1. (b) he or she has given to the persons appearing to him or her to be the proprietors of adjoining land such notice as he or she deems necessary of his or her intention to remove the limitation, and until the expiration of that notice.

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

1. Except as otherwise provided in this Act, so long as a certificate continues to be limited as to parcels, no new certificate, other than a limited certificate, shall be registered in substitution for it, or for any part of the land comprised in it, unless in the latter case the limitation as to parcels does not affect the part of the land for which the new certificate is sought to be registered

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

1. Except as otherwise provided in this Act, all the provisions of this Act shall, so far as the circumstances of the case will admit, apply with respect to land comprised in a limited certificate and to the registration of instruments and other matters affecting the land

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

1. No action for the recovery of damages shall lie against the Government by the proprietor of land comprised in any limited certificate or by any other person by reason of any error or omission in the description of the parcel of land comprised in that certificate

1. It shall not be necessary to mention the area of any parcel of land included in a certificate where the area of the parcel is less than one acre, and the omission to refer to the area of the land comprised in a certificate shall not in any case invalidate the certificate

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

1. On the delivery of any duplicate certificate of title, a receipt for it in the handwriting of the proprietor may, when practicable, be required to be signed by him or her

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

1. (1) Subject to section 122(2), every certificate of title shall be deemed and taken to be registered under this Act when the Registrar has marked on it-
2. (a) the volume and folium of the Register Book in which it is entered; or
3. (b) the block and plot number of the land in respect of which that certificate of title is to be registered.
4. (2) Every instrument purporting to affect land or any interest in land, the title to which has been registered under this Act, shall be deemed to be registered when a memorial of the instrument as described in section 51 has been entered in the Register Book upon the folium constituted by the certificate of title.
5. (3) The memorial mentioned in subsection (2) shall be entered as at the time and date on which the instrument to which it relates was received in the office of titles together with the duplicate certificate of title and such other documents or consents as may be necessary, accompanied with the fees payable under this Act.
6. (4) The person named in any certificate of title or instrument so registered as the grantee or as the proprietor of or having any estate or interest in or power to appoint or dispose of the land described in the certificate or instrument shall be deemed and taken to be the duly registered proprietor of the land.

1. On the registration of any transfer of a mortgage and every transfer or mortgage of a lease or sublease, there shall be endorsed on the mortgage, lease or sublease respectively so transferred or mortgaged a memorial of the instrument as described in section 51, and it shall not be necessary to enter that memorial in the Register Book upon the folium constituted by the existing certificate of title.

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

1. (1) Every instrument, excepting a transfer, presented for registration may be in duplicate and shall be registered in the order of and as from the time at which the instrument is produced for that purpose, and instruments purporting to affect the same estate or interest shall, notwithstanding any actual or constructive notice, be entitled to priority as between themselves according to the date of registration and not according to the date of the instrument.
2. (2) Upon the registration of any instrument not in duplicate, the Registrar shall file and retain it in the office of titles, and upon the registration of any instrument in duplicate, the Registrar shall file one original and shall deliver the other, hereafter called the duplicate, to the person entitled to it.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Any lease or mortgage presented for registration may be in triplicate, and upon the registration of that lease or mortgage as provided by section 48 the parts not retained shall be delivered to the person presenting the lease or mortgage for registration; but in every case of registration in triplicate, the word "triplicate" shall be endorsed upon each instrument and initialled by the Registrar and the words "lessor's part" shall be similarly endorsed and initialled upon one and the words "lessee's part" upon the other of the two leases returned, and the words "mortgagor's part" shall be similarly endorsed and initialled upon one and the words "mortgagee's part" upon the other of the two mortgages returned

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. The Registrar shall not enter in the Register Book notice of any trust whether express, implied or constructive; but trusts may be declared by any document, and a duplicate or an attested copy of the document may be deposited with the Registrar for safe custody and reference; and the Registrar, should it appear to him or her expedient to do so, may protect in any way he or she deems advisable the rights of the persons for the time being beneficially interested thereunder or thereby required to give any consent; but the rights incident to any proprietorship or any instrument dealing or matter registered under this Act shall not be affected in any manner by the deposit of the duplicate or copy nor shall the duplicate or copy be registered.

1. Every memorial entered in the Register Book shall state the nature of the instrument to which it relates, the time of the production of that instrument for registration and the name of the party to whom it is given and shall refer by number or symbol to the instrument, and shall be signed by the Registrar

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Whenever a memorial of any instrument has been entered in the Register Book the Registrar shall thereupon enter the like memorial on the duplicate certificate of title and he or she shall endorse on every instrument registered, a certificate of the entry of the memorial on the folium of the register on which the same is entered and shall authenticate the certificate by signing his or her name to it; and that certificate shall be received in all courts as conclusive evidence that the instrument has been duly registered

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. On the first issue of a certificate of title the seal of the office of titles shall be impressed on the certificate together with the signature of the Registrar; and on the entry thereon of every subsequent memorial, that memorial shall be signed by the Registrar and it shall not be necessary to impress the seal on it; and such certificate and memorial shall be received in all courts as conclusive evidence that the instrument has been registered; and all courts and persons acting judicially shall take judicial notice of the seal and signature and shall presume that the seal was properly impressed and that the signature was properly attached

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

1. No instrument until registered in the manner herein provided shall be effectual to pass any estate or interest in any land under the operation of this Act or to render the land liable to any mortgage; but upon such registration the estate or interest comprised in the instrument shall pass or, as the case may be, the land shall become liable in the manner and subject to the covenants and conditions set forth and specified in the instrument or by this Act declared to be implied in instruments of a like nature; and, if two or more instruments signed by the same proprietor and purporting to affect the same estate or interest are at the same time presented to the Registrar for registration, he or she shall register and endorse that instrument which is presented by the person producing the duplicate certificate of title

1. The proprietor of land under the operation of this Act shall be entitled to receive a certificate of title to it; and, if any certificate is issued to a minor or to a person under any other disability, the Registrar shall state the age of the minor or the nature of the disability so far as known to him or her.

1. Two or more persons who are registered as joint proprietors of land shall be deemed to be entitled to the land as joint tenants; and in all cases where two or more persons are entitled as tenants in common to undivided shares of or in any land, those persons shall in the absence of any evidence to the contrary e presumed to hold that land in equal shares

1. (1) Upon the transfer of any land and upon the lease of any freehold land to two or more persons as joint proprietors with the words "no survivorship" endorsed on the transfer or lease, the Registrar shall enter those words in the memorial of that transfer or lease and also upon any certificate of title issued to the joint proprietors pursuant to the transfer and sign his or her name thereto.
2. (2) Two or more joint proprietors of any land or of any lease of freehold land may by writing under their hands direct the Registrar to enter the words "no survivorship" upon the certificate of title or instrument relating to the property.
3. (3) In every case after the words "no survivorship" have been signed by the Registrar, whether under this section or any preceding section, it shall not be lawful for any persons other than the proprietors registered to transfer or otherwise deal with the property without the order of the High Court.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (2) After the expiration of the time appointed under subsection (1), the High Court may give directions for the transfer of such land or lease to any new proprietor or proprietors solely or jointly with or in the place of any existing proprietor or proprietors or make such order in the premises as is just for the protection of any persons beneficially interested in the property or in the proceeds of the property; and on that order being deposited with the Registrar, he or she shall make such entries and perform such acts for giving effect to the order as the provisions of this Act render necessary.

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

1. No certificate of title issued upon an application to bring land under this Act shall be impeached or defeasible by reason or on account of any informality or irregularity in the application or in the proceedings previous to the registration of the certificate, and every certificate of title issued under this Act shall be received in all courts as evidence of the particulars set forth in the certificate and of the entry of the certificate in the Register Book, and shall be conclusive evidence that the person named in the certificate as the proprietor of or having any estate or interest in or power to appoint or dispose of the land described in the certificate is seized or possessed of that estate or interest or has that power

1. Whenever any certificate of title or any duplicate registered or issued under any of the provisions or otherwise under the operation of this Act contains any statement to the effect that the person named in the certificate is entitled to any easement specified in the certificate, the statement shall be received in all courts as conclusive evidence that he or she is so entitled

1. Whenever any certificate of title referred to in section 60 contains the words "Together with a right of carriage way over _______________" [specifying or describing the road or roads over which the easement is created and referring to a plan endorsed whereon such road or roads is or are coloured brown] those words shall have the same effect and shall be construed as if there had been inserted in that certificate of title the words contained in Schedule 6 to this Act

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Schedule 2 to this Act shall be deemed to extend to the setting forth of the easements mentioned in sections 60 and

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

1. In any action for specific performance or for damages brought by a proprietor of any land under the operation of this Act against a person who has contracted to purchase the land not having notice of any fraud or other circumstances which according to this Act would affect the right of the vendor, the certificate of title of the proprietor shall be held to be conclusive evidence that the proprietor has a good and valid title to the land for the estate or interest mentioned or described in the certificate of title, and shall in any such action entitle the proprietor to a decree for the specific performance of the contract

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. (1) Notwithstanding the existence in any other person of any estate or interest, whether derived by grant or otherwise, which but for this Act might be held to be paramount or to have priority, the proprietor of land or of any estate or interest in land under the operation of this Act shall, except in the case of fraud, hold the land or estate or interest in land subject to such encumbrances as are notified on the folium of the Register Book constituted by the certificate of title, but absolutely free from all other encumbrances, except the estate or interest of a proprietor claiming the same land under prior registered certificate of title, and except as regards any portion of land that by wrong description of parcels or boundaries is included in the certificate of title or instrument evidencing the title of such proprietor not being a purchaser for valuable consideration or deriving from or through such a purchaser.
2. (2) Notwithstanding subsection (1), the land which is included in any certificate of title or registered instrument shall be deemed to be subject to the reservations, exceptions, covenants, conditions and powers, if any, contained in the grant of that land, and to any rights subsisting under any adverse possession of the land, and to any public rights of way and to any easements acquired by enjoyment or use or subsisting over or upon or affecting the land, and to any unpaid rates and other money which without reference to registration under this Act are by or under the provisions of any written law declared to be a charge upon land in favour of any Government department or officer or any public authority, and to any leases, licences or other authorities granted by the Governor or any Government department or officer or any public authority, and in respect of which no provision for registration is made and also, where the possession is not adverse, to the interest of any tenant of the land, notwithstanding the same respectively are not specially notified as encumbrances on the certificate or instrument.

1. Notwithstanding the reservation in section 64 of any easements subsisting over or upon or affecting any land comprised in any certificate of title, the Registrar shall specify upon any future certificate of the land and the duplicate of the certificate as an encumbrance affecting the land any subsisting easement over or upon or affecting the land which appears to have been created by any deed or writing

1. The person named in any certificate of title as the proprietor of an estate of freehold in possession in the land described in the certificate of title shall be held in every court to be seized of the reversion and inheritance in the land immediately expectant upon the term of any lease that is mentioned as an encumbrance in the certificate, and to have all powers, rights and remedies to which such a reversioner is by law entitled, and shall be subject to all the covenants and conditions in such lease to be performed and observed by or on the part of the lessor

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

1. On the application of any proprietor or of any person entitled to become a proprietor of land under separate certificates of title or under any two or more of such documents and on his or her delivering up the duplicates thereof, the Registrar may issue to him or her a single certificate of title for the whole of such land or several certificates as to portions of the land in accordance with the application so far as that may be done consistently with any rules for the time being in force respecting the parcels of land that may be included in one certificate of title; and upon registering any certificate under this section, the Registrar shall cancel and retain the previous certificate, and shall endorse upon it a memorandum setting forth the occasion of the cancellation and referring to the new certificate

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

1. Such references shall be noted in the Register Book and on instruments lied hereunder as will allow the title to be traced either downwards from or upwards to the original certificate of title; but it shall not be necessary in any certified copy of any grant, certificate or instrument to insert such references; and every such copy shall be deemed complete, notwithstanding the omission of such references

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

1. If the duplicate certificate of title is lost or destroyed or becomes so obliterated as to be useless, the persons having knowledge of the circumstances may make a statutory declaration stating the facts and the particulars of all encumbrances affecting the land or the title to the land to the best of the deponents' knowledge, information and belief; and the Registrar, if satisfied as to the truth of the statutory declaration and the bona fides of the transaction, may issue to the proprietor a special certificate of title to the land, which special certificate shall contain an exact copy of the certificate of title in the Register Book and of every memorandum and endorsement on it, and shall state why the special certificate is issued; and the Registrar shall at the same time enter in the Register Book notice of the issuing of the special certificate and the date of its issuance and why it was issued; and the special certificate shall be available for all purposes and uses for which the duplicate certificate of title so lost or destroyed or obliterated would have been available, and shall be equally valid with the duplicate certificate of title to all intents; but the Registrar, before issuing a special certificate, shall give at the applicant's expense at least one month's notice in the Gazette of his or her intention to do so.

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Where under any provisions of the Civil Procedure Act, any court calls upon the Registrar to issue a special certificate of title, the Registrar shall issue the special certificate as prescribed by section 69; but the Registrar, before issuing the special certificate, shall give notice in the Gazette of his or her intention to do so, whereupon any person who wishes to oppose the issue of the certificate may, within one month of the date of the notice, make an application to the court in that behalf

1. If any original certificate of title is lost or destroyed or so obliterated as to become illegible, the Registrar may cause a copy of it to be prepared and to be endorsed with all such entries as were upon the original so far as they can be ascertained from the records of the office and other available information and shall make and sign a memorandum upon the copy stating that it is a substitute to be used in place of the original, and what has become of the original so far as known or supposed, and from the date of the copy being so signed it may be bound up in the Register Book and used in place of the original for the purpose of dealings

1. On any transfer by a mortgagee to a purchaser or under any decree, judgment or order of any court, of any land, estate or interest under this Act, or for the purpose of registering any instrument subject to a first mortgage or for the purpose of rectifying or cancelling any certificate under this Act or for the purpose of inspection in case of loss, destruction or obliteration of any original certificate of title, the Registrar shall by writing under his or her hand require the judgment debtor, mortgagor or mortgagee or proprietor of the land comprised in any duplicate or triplicate certificate of title, mortgage, lease or other instrument, or the person having possession, custody or control of any such duplicate or triplicate, to send it to the office of titles within a period named in the requisition, not less than seven days from the date of the requisition, to be endorsed, cancelled, rectified or otherwise dealt with, as the case requires.

1. If any person refuses or neglects to comply with a requisition under section 72 or if the Registrar receives no reply from the person, the Registrar shall proceed, mutatis mutandis, in accordance with section

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Lists of certificates of title called in for cancellation or rectification and not sent in shall be exhibited in the office of titles, and shall be advertised in the Gazette and in such newspapers and at such time or times as the Registrar thinks fit

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Every certificate of any person or corporation sole being the proprietor of an estate in fee simple, whether in possession, remainder or reversion, and every instrument transferring or creating such an estate to or in favour of any person or corporation sole, shall imply and be deemed to include the heirs of that person or the successors of that corporation

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. Any certificate of title, entry, removal of encumbrance, or cancellation, in the Register Book, procured or made by fraud, shall be void as against all parties or privies to the fraud

1. A person who claims that he or she has acquired a title by possession to land registered under this Act may apply to the Registrar for an order vesting the land in him or her for an estate in fee simple or the other estate claimed

1. (b) signed by the applicant, or in the case of a corporation, by a person authorised in that behalf in writing under the seal of the corporation;
2. (c) attested by at least one witness being a person mentioned in that behalf in section 131;
3. (d) supported by a statutory declaration by the person signing it that the several statements in it are true; and
4. (e) accompanied by a survey plan (with field notes) of the land.

1. The Registrar may reject the application, altogether or in part, or may make such requisitions as to the title claimed to have been acquired, or as to any other matter relating to the application as he or she thinks fit

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

1. If an application under section 77 is not rejected by the Registrar under section 79, he or she shall advertise notice of the application, at the applicant's expense, once at least in the Gazette, and may give the notice to such person or persons as he or she deems fit; and notice of the application shall be given to every person appearing by the Register Book to have any estate or interest in the land or in any encumbrance notified on the title of the land

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

1. The applicant shall cause a copy of the notice of application to be posted in a conspicuous place on the land or at such place as the Registrar directs, and to be kept so posted for not less than three months prior to the granting of the application

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

1. The Registrar shall appoint a time not less than three months nor more than twelve months from the publication of the advertisement or service of the notice of application at or after the expiration of which he or she may, unless a caveat is lodged forbidding it, grant the application altogether or in part

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

1. (1) The notice of application required by section 80 shall-
2. (a) specify the volume and folium of the grant or certificate of title affected by the application, and any mortgage or lease registered as an encumbrance on the grant or certificate of title; and
3. (b) be dated and be served by being sent in a registered letter marked outside "Office of Titles", posted to each person to be served at his or her address, if any, stated in the Register Book, subject to section 175, or supplied by the applicant.
4. (2) The Registrar shall cause a copy of each notice to be filed with a memorandum of the notice having been sent, and the memorandum shall be sufficient evidence that the notice was duly sent.

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

1. At any time prior to granting an application, the Registrar may reject the application altogether or in part if the applicant fails to comply to his or her satisfaction with any requisition made by him or her within such time as to him or her seems reasonable

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

1. (1) A person claiming any estate or interest in the land in respect of which any such application is made may, before the granting of the application, lodge a caveat with the Registrar forbidding the granting of the application.
2. (2) The caveat shall in all other respects be in the same form and be subject to the same provisions and have the same effect with respect to the application against which it is lodged as a caveat against bringing land under the operation of this Act.

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

1. (b) issue to the applicant or person entitled to receive it a new certificate of title for an estate in fee simple or the other estate acquired in the land by the applicant free from all encumbrances appearing by the Register Book to affect the existing title, which have been determined or extinguished by such possession and free from any easement notified as an encumbrance which has been proved to the satisfaction of the Registrar to have been abandoned.

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

1. Upon granting the application the Registrar may grant it conditionally upon the applicant paying as an additional fee in respect of assurance of title such a sum of money as the Registrar considers to be a sufficient indemnity by reason of the imperfect nature of the evidence of title or as against any uncertain or doubtful claim or demand incident to or which may arise upon the title or any risk to which the Government may be exposed by granting the application

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

1. Upon granting the application the Registrar shall make entries similar to those directed to be made by section 150, and the making or omission to make such entries shall be attended by the same results as declared by section 150 in respect of the entries mentioned in that section.

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

1. In cancelling any certificate of title, instrument or any memorial or entry in the Register Book the Registrar shall endorse on it a memorandum stating the circumstances in which the cancellation is made

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

1. (1) Any certificate of title issued by the Registrar upon the granting of any application under this Part shall be issued and registered in the manner prescribed by section 37, and thereupon the person named in the certificate of title shall become the registered proprietor of that land.
2. (2) The certificate shall be dated the date of the granting of the application by the Registrar.

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

1. (1) The proprietor of land or of a lease or mortgage or of any estate, right or interest therein respectively may transfer the same by a transfer in one of the forms in Schedule 8 to this Act; but where the consideration for a transfer does not consist of money, the words "the sum of" in the forms of transfer in that Schedule shall not be used to describe the consideration, but the true consideration shall be concisely stated.
2. (2) Upon the registration of the transfer, the estate and interest of the proprietor as set forth in the instrument or which he or she is entitled or able to transfer or dispose of under any power, with all rights, powers and privileges belonging or appertaining thereto, shall pass to the transferee; and the transferee shall thereupon become the proprietor thereof, and while continuing as such shall be subject to and liable for all the same requirements and liabilities to which he or she would have been subject and liable if he or she had been the former proprietor or the original lessee or mortgagee.
3. (3) Notwithstanding this Act, the Registrar may register any transfer executed under section 5 of the Possession of Land Law of the Kingdom of Buganda.

1. By virtue of every such transfer as is herein mentioned, the right to sue upon any mortgage or other instrument and to recover any debt, sum of money, or damages under it notwithstanding the same, is deemed or held to constitute a chose in action, and all interest in any such debt, sum of money or damages shall be transferred so as to vest the interest at law as well as in equity in the transferee of the interest; but nothing in this section shall prevent any court from giving effect to any trusts affecting such debt, sum of money or damages, in case the transferee as between himself or herself and any other person holds the same as a trustee.

1. The proprietor of land or of any estate or interest in land under the operation of this Act, whether of the nature of real or personal property, may transfer that land, estate or interest to his wife; or if the proprietor is a married woman, she may make such transfer to her husband; or the proprietor may make such transfer directly to himself or herself and another person, or jointly with any other person to himself or herself alone, or to create or execute any power of appointment or disposition, or to create or limit estates in remainder or otherwise as legal estates of or concerning land the subject thereof without the intervention of any precedent or particular estate, and also like estates as legal estates without the employment or intervention of any form of use; and upon the registration of the transfer the land, estate or interest shall vest in the transferee solely or jointly, as the case may be, or in the person in whose favour any such power has been executed, or taking under any such limitation or otherwise according to the
2. intent and meaning of such instrument; and she, he or they shall become and be deemed the proprietor or proprietors thereof.

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

1. Every transfer or other instrument shall be deemed of the same efficacy as if under seal, and when signed by the proprietor and registered shall be as valid and effectual to all intents and purposes for conveying, passing or conferring the estates, interests or rights expressed to be thereby transferred, leased or created respectively, as a deed duly executed and acknowledged by the same person would have been under any law heretofore or now in force, or as any other form of document would have been either at law or in equity

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

1. If the transfer purports to transfer part of the land mentioned in any certificate of title, the transferor shall deliver up the duplicate certificate of title; and the Registrar shall endorse on the original and duplicate certificate a memorandum of the transfer; and the duplicate certificate of title shall be returned endorsed as aforesaid to the transferor; and the Registrar shall make out to the transferee a certificate of title to the land mentioned in the transfer, and whenever required by the proprietor of the untransferred portion shall, upon delivery up for total cancellation of the partially cancelled certificate if title, make out to such proprietor a certificate of title to the untransferred portion; but the Registrar may at his or her discretion instead of returning a partially cancelled certificate to the transferor require the transferor to take out a new certificate for the land still comprised in the partially cancelled certificate

1. If a transfer purports to transfer the whole of the land mentioned in any certificate of title, the Registrar shall enter in the Register Book and on the duplicate certificate of title a memorandum of the transfer and deliver the duplicate to the transferee; and every certificate of title with such memorandum shall be as effectual for the purpose of evidencing title and for all other purposes of this Act as if the old certificate of title had been cancelled and a new certificate had been issued to the transferee in his or her own name; but when in the opinion of the Registrar any certificate of title cannot for want of space or other cause conveniently bear any further endorsement, he or she may require cancellation and the issue of a new certificate as provided in section 95.

1. In every transfer of land under the operation of this Act subject to a mortgage, there shall be implied a covenant with the transferor by the transferee, binding the latter and his or her heirs, executors, administrators and transferees that he or she or they will pay the interest secured by the mortgage at the rate and at the times and in the manner specified in the mortgage, and will indemnify and keep harmless the transferor and his or her representatives from and against the principal sum secured by the mortgage and from and against all liability in respect of any of the covenants contained in the mortgage or by law declared to be implied in it on the part of the transferor

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