[1934] EACA 17

[1934] EACA 17

The court held that, for certificates of title issued after 21st January 1920, sections 20 and 21 of the Land Titles Ordinance must be read subject to section 41 of the Registration of Titles Ordinance. A person holding a lease for a term not exceeding twelve months, or a lesser interest such as a licence, does not have an interest that requires a memorandum to be noted on the certificate of ownership. Therefore, the absence of such a memorandum does not make the certificate conclusive proof that the registered owner is also the owner of buildings erected by others under such interests. The court found that the appellant failed to establish ownership of the house, as the evidence...

Citation
[1934] EACA 17
Parties
Appellant: Henry William Farrar; Respondent: Yusufali Abdulhussein Adamji
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1934
Case Number
No Case No
Procedural Posture
Civil Appeal / Appeal From Decision of Resident Magistrate Dismissing Claim Under Originating Summons
Outcome
appeal dismissed with costs
Judges
Webb, J
Legal Topics
Registration of Title, Ownership of Buildings, Certificates of Ownership, Leases and Licences, Burden of Proof
Source Language
English
Land and Property Civil Procedure Registration of Title Ownership of Buildings Certificates of Ownership Leases and Licences Burden of Proof

Case Brief

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Parties

Henry William Farrar

Appellant

Yusufali Abdulhussein Adamji

Respondent

Procedural Posture

Civil Appeal / Appeal From Decision of Resident Magistrate Dismissing Claim Under Originating Summons

Legal Issues

  1. 1 Whether a certificate of title is conclusive proof of ownership of buildings erected on the land by someone other than the registered owner.
  2. 2 Whether a lease or licence for a term not exceeding twelve months or a lesser interest requires a memorandum to be noted on the certificate of ownership.
  3. 3 Whether the Land Titles Ordinance abrogates the application of Mohammedan law regarding ownership of buildings erected by non-landowners.

Ratio Decidendi

The court held that, for certificates of title issued after 21st January 1920, sections 20 and 21 of the Land Titles Ordinance must be read subject to section 41 of the Registration of Titles Ordinance. A person holding a lease for a term not exceeding twelve months, or a lesser interest such as a licence, does not have an interest that requires a memorandum to be noted on the certificate of ownership. Therefore, the absence of such a memorandum does not make the certificate conclusive proof that the registered owner is also the owner of buildings erected by others under such interests. The court found that the appellant failed to establish ownership of the house, as the evidence...

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed.
  • The appellant shall pay the costs of the appeal.