[2019] UGHCCD 209

[2019] UGHCCD 209

The application failed because the applicant did not provide evidence that the land in question was registered in the name of the alleged vendor, Nakitali Edward, nor that Nakitali was deceased, nor that the Registrar of Titles had refused to register the applicant’s interest. The sale agreement did not mention the plot number or the registered proprietor, and no documentary evidence from the land registry or a death certificate was provided. The Registrar of Titles, whose statutory duties were implicated, was not made a party to the proceedings, and there was no evidence that the applicant had ever presented his case to the Registrar or that the Registrar had refused to act. The court...

Citation
[2019] UGHCCD 209
Parties
Applicant: Kavulu Elly
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
28 February 2019
Case Number
MISC. APPLICATION NO. 04 OF 2018
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application dismissed
Judges
Mutonyi, J
Legal Topics
Vesting Orders, Registration of Titles, Burden of Proof, Statutory Duties of Registrar
Source Language
English
Land and Property Civil Procedure Vesting Orders Registration of Titles Burden of Proof Statutory Duties of Registrar

Case Brief

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Parties

Kavulu Elly

Applicant

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether section 167 of the Registration of Titles Act is applicable to the applicant’s case.
  2. 2 Whether the applicant proved that the land is registered in the name of the alleged vendor and that the vendor is deceased.
  3. 3 Whether the Registrar of Titles has refused to register the applicant’s interest in the land.

Ratio Decidendi

The application failed because the applicant did not provide evidence that the land in question was registered in the name of the alleged vendor, Nakitali Edward, nor that Nakitali was deceased, nor that the Registrar of Titles had refused to register the applicant’s interest. The sale agreement did not mention the plot number or the registered proprietor, and no documentary evidence from the land registry or a death certificate was provided. The Registrar of Titles, whose statutory duties were implicated, was not made a party to the proceedings, and there was no evidence that the applicant had ever presented his case to the Registrar or that the Registrar had refused to act. The court...

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • No orders are made as to costs.