[2009] UGHC 252

[2009] UGHC 252

The applicant proved, through affidavits and corroborated witness testimony, that Emmanuel Mubiru purchased 20 acres of registered land from Yayeri Kivefumbiro in 1985, paid the full purchase price, and took possession, which was acquiesced to by the vendor and her representatives. The respondent failed to provide credible evidence to rebut the authenticity of the sale agreement or the transaction. Both vendor and purchaser died before transfer forms could be executed, and the requirements for a vesting order under Section 167 of the Registration of Titles Act were satisfied. The court found the applicant entitled to a vesting order for the disputed land, with each party to bear their own...

Citation
[2009] UGHC 252
Parties
Applicant: Leonard Mubiru (suing through Justine Nambi and Joyce Ndagire, his lawful attorneys); Respondent: George William Kiwanuka (Administrator of the estate of the late Yayeri Kivefumbiro)
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
10 July 2009
Case Number
misc .cause. no.21 of 2008
Procedural Posture
Miscellaneous Cause / Ruling
Outcome
application granted
Judges
Aweri-Opio, J
Legal Topics
Vesting Order, Sale of Registered Land, Transfer of Title, Possession and Acquiescence, Estate Administration
Source Language
English
Land and Property Civil Procedure Vesting Order Sale of Registered Land Transfer of Title Possession and Acquiescence Estate Administration

Case Brief

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Parties

Leonard Mubiru (suing through Justine Nambi and Joyce Ndagire, his lawful attorneys)

Applicant

George William Kiwanuka (Administrator of the estate of the late Yayeri Kivefumbiro)

Respondent

Procedural Posture

Miscellaneous Cause / Ruling

Legal Issues

  1. 1 Whether Yayeri Kivefumbiro, the registered proprietor, sold the land in issue to Emmanuel Mubiru.
  2. 2 Whether the whole of the purchase price was paid.
  3. 3 Whether the purchaser or those claiming under him took possession of the disputed land.

Ratio Decidendi

The applicant proved, through affidavits and corroborated witness testimony, that Emmanuel Mubiru purchased 20 acres of registered land from Yayeri Kivefumbiro in 1985, paid the full purchase price, and took possession, which was acquiesced to by the vendor and her representatives. The respondent failed to provide credible evidence to rebut the authenticity of the sale agreement or the transaction. Both vendor and purchaser died before transfer forms could be executed, and the requirements for a vesting order under Section 167 of the Registration of Titles Act were satisfied. The court found the applicant entitled to a vesting order for the disputed land, with each party to bear their own...

Court Disposition

application granted

Orders

  • A vesting order is issued for the transfer of 20 acres of land comprised in Busiro Block 383 Plot 56 at Kitende to be vested in the applicant.
  • Each party to bear their own costs.