[2005] UGHC 85

[2005] UGHC 85

The High Court found that the application was properly brought under section 177 of the Registration of Titles Act, seeking to enforce a judgment of the Chief Magistrate's Court which had determined the rightful proprietors of the land in question. The court held that the Commissioner Land Registration is the...

Source-derived case information.

Citation
[2005] UGHC 85
Parties
Applicant: Sepiriano Kabeba; Applicant: Petero Mushaya; Respondent: Commissioner Land Registration
Court
High Court of Uganda
Jurisdiction
Uganda
Case Number
HCT-05-CV-NA-131-2004
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application_granted
Legal Topics
Title Cancellation, Substitution of Names on Title, Enforcement of Magistrate Court Judgment
Source Language
en
Land and Property Civil Procedure Title Cancellation Substitution of Names on Title Enforcement of Magistrate Court Judgment

Source-derived case record

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Parties

Sepiriano Kabeba

Applicant

Petero Mushaya

Applicant

Commissioner Land Registration

Respondent

Procedural Posture

Miscellaneous Application / Ruling

  1. 1 Whether the Commissioner Land Registration should be ordered to cancel the names of Maria Misambi from the Certificate of Title for Block 3 Plot 72, Mwanjari, Kabale.
  2. 2 Whether the names of Sepiriano Kabeba and Petero Mushaya should be substituted on the Certificate of Title pursuant to the judgment of the Chief Magistrate's Court.

Ratio Decidendi

The High Court found that the application was properly brought under section 177 of the Registration of Titles Act, seeking to enforce a judgment of the Chief Magistrate's Court which had determined the rightful proprietors of the land in question. The court held that the Commissioner Land Registration is the appropriate authority to effect changes on the Certificate of Title as ordered by a competent court. The court directed the Commissioner to cancel the names of Maria Misambi from the Certificate of Title for Block 3 Plot 72, Mwanjari, Kabale, and substitute the names and particulars of Sepiriano Kabeba and Petero Mushaya. The court also agreed with the respondent's counsel that the...

Court Disposition

application_granted

Orders

  • The Commissioner Land Registration is directed to cancel the names of Maria Misambi from the Certificate of Title for Block 3 Plot 72, Mwanjari, Kabale.
  • The Commissioner Land Registration is directed to substitute the names and particulars of Sepiriano Kabeba and Petero Mushaya on the Certificate of Title.