[2009] UGHC 105

[2009] UGHC 105

The respondent, having been served and failing to file any affidavit in reply or appear in court, left the applicant's evidence unchallenged. The applicant demonstrated that he is the registered proprietor of the suit land and that the purchasers are entitled to transfers. The respondent's refusal to process the...

Source-derived case information.

Citation
[2009] UGHC 105
Parties
Applicant: Anthony Joseph Segawa Sabakaki; Respondent: The Chief Registrar of Titles, Kampala Mailo Offices
Court
High Court of Uganda
Jurisdiction
Uganda
Case Number
Miscellaneous Cause No. 25 of 2009
Procedural Posture
Miscellaneous Cause / Ruling
Outcome
application_allowed
Legal Topics
Registration of Titles, Transfer of Land, Statutory Duties of Registrar
Source Language
en
Land and Property Civil Procedure Registration of Titles Transfer of Land Statutory Duties of Registrar

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Parties

Anthony Joseph Segawa Sabakaki

Applicant

The Chief Registrar of Titles, Kampala Mailo Offices

Respondent

Procedural Posture

Miscellaneous Cause / Ruling

  1. 1 Whether the respondent lawfully refused to process the transfers of the suit land to the purchasers.
  2. 2 Whether the respondent is under a statutory obligation to effect the transfers as requested by the applicant.
  3. 3 Whether the applicant is entitled to the orders sought compelling the respondent to perform statutory duties.

Ratio Decidendi

The respondent, having been served and failing to file any affidavit in reply or appear in court, left the applicant's evidence unchallenged. The applicant demonstrated that he is the registered proprietor of the suit land and that the purchasers are entitled to transfers. The respondent's refusal to process the transfers and failure to perform statutory duties was without lawful justification. The court found that the respondent's conduct was contemptuous and contrary to statutory obligations under the Registration of Titles Act. The application was allowed, and the respondent was ordered to effect the transfers as requested by the applicant.

Court Disposition

application_allowed

Orders

  • The respondent is ordered to effect the transfers of the suit land as requested by the applicant.
  • Each party shall bear its own costs.