[2025] UGHC 493

### THE REPUBLIC OF UGANDA

#### IN THE HIGH COURT OF UGANDA AT LUWERO

#### HCT- 17-LD-MC-OO13-2025

## 1. SSEKAMWASARAH

# 2. KIGONGOGEORGE

(Administrators of the estate of the late

Wycliffe Andrew Sekamwa Mudekol:::::::::::::::::::::::::::::: APPLICANTS

vs

THE REGISTRAR OF TITLES::::::::::::::]:::::::::::::::::::::::::::::: RESPONDENT

## BEFORE: HON. JUSTICE GODFREY HIMBAZA

#### RULING

# Introduction

- 1. This application was brought by Notice of Motion filed in this court on th May 2025 under Section 118 of the Registration of Titles Act Cap 240, Section 37 of the Judicature Act Cap 16 and Order 52 rules 1, 2, 3 of the Civil Procedure Rules, SI 282- 1 for orders that; - a) The respondent be directed to register the applicants as administrators/ executors of the estate of late Wycliffe Andrew Sekamwa Mudeka on land comprised in Bulemezi Block 699 plot 1 land at Naluyambuzi, Luwero District measuring approximateiy 1,260.40 acres. - b) Costs of this application be provided for. - The grounds of this application are contained in the affidavit in support sworn by the l"t applicant Ssekamwa Sarah and the ground in brief are as follows; 2

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- i) The applicants are the administrators of the estate of late Wyciiffe Andrew Sekamwa Mudeka vide High court Administration Cause no. 105 of 2019. - ii) Upon obtaining the grant from High court on 15th February 2O24the applicants lodged their application for a special certilicate of title for the above described land with the respondent since they could not trace the whereabouts of the owners copy. - iiil On I st March 2024 thre respondent wrote to the Deputy Registrar of the High court at Masaka to verify the grant. Subsequently the court confirmed the authenticity of the grant by issuing a certified copy of the same to the respondent on 6e March 2006. - iv) After several follow ups by the applicants on the progress of issuance of a gazette notice/ special certificate of title the respondent advised the applicants to make a request for a substitute page of the land title pursuant of which the respondent issued an order for a substitute page on the 9ft September 2024 and a mutation form duiy passed by the same office in favour of the applicants on the 27m November 2024 to have the certificate of title processed in the applicants' names. - v) On 30th November, 2024, the applicants forwarded their application to be registered as administrators and proprietors on the suit land, i.e. Bulemezi Block 699 plot 1, however to date the respondent has not had registration effected on title in their names despite frequent follow ups with the respondent at the Ministry of Landa. - vi) There is no lawful justification as to why the respondent should stall and or pause the transaction at the detriment of the applicants especially after the latter fulfilling all the legal and procedural requirements in their applications as stated above. - vii) The applicants would like to have the subject land therein Bulemezi Block 699 Plot 1 effected in their names to enable them distribute the estate to the beneficiaries of the estate of the late wycliffe Andrew

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Sekamwa Mudeka and accordingly file an inventory in court as required by Law.

3 The respondent did not file an afhdavit in reply. When the matter came up for hearing i examined the affidavit of service on court record and was satisfied that the respondent had been dully served with the application. I consequently ordered that the application proceeds ex parte. I also directed the applicant to file written submissions which I have considered while determining this application.

## Legal Representation

4. The applicant was represented by counsel Allan Tumwesirye of M/s Lubega & Co. Advocates.

# Background to the application

5. The applicants are beneliciaries of the estate of late Wycliffe Andrew Sekamwa Mudeka having applied for and granted Letters of Probate on 4th February 2O2O. Upon obtaining letters of Probate, the applicants lodged an application for a special certificate of title for the above described land since the respondents could not trace the whereabouts of the owners'copy. That on 1st March 2024, the respondent wrote to the Deputy Registrar of the High Court at Masaka to verify the grant subsequent of which court conlirmed the authenticity of the grant by issuing a certified copy of the same to the respondent on 66 March 2024. On 3Ort November 2024, tl:,e applicants forwarded their application to be registered as administrators and proprietors on the suit land however to date, the respondent has not effected the changes on then title to put their names as owners despite frequent follow ups . The applicants have therefore filed this application seeking for the land to be registered in their names in order to enable them to distribute the estate to the rightful beneficiaries of the estate and accordingly file an inventory in court as required by law.

# Issues for determination

The following is the issue for determination

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699 plot 7 Land at Naluuambuzl as oroorietors under section 778 of the Whether the aoolicants as dullu ao ointed administrato r.'s/Executors of the estate of late Wucliffe Andrew Seko,mua Mudcka erc cnlrtledla be reqistered on the certificate of tltle of land comorlsed tn Bulemezl Block Reqistrqtion qf Titles Act.

# Applicant's case and submissions

- 6. Counsel for the applicant cited section 118 of the Registration of Titles Act Cap 24O and Section 274 of the Succession Act Cap 268 as enabling laws for this application. He relied on the case of Re: Estate of Akiki Nyabongo (1773) HCB 52 in which the High Court held that administrators must be registered on land titles in order to deal with the property of the deceased and collect debts that were due to the deceased at the time of his or her death. - ⁷. Counsel for the applicant argued that the applicants fulfilled ali the legal requirements to obtain a certihcate of title for the estate of the late Wycliffe Andrew Sekamwa Mudeka in their names pursuant to which the Senior Registrar of Titles issued to them with an order for the issuance of a substitute certihcate oftitle and mutation form to effect their registration on the land title on Bulemezi Block 699 plot I attached to the application as Annexture P and G respectively. - 8. The applicants counsel averred that the applicants cannot effectively administer the estate without being registered on the title. Counsel argued that there is no contention in the estate and that the process of registration is a matter of procedure and necessity.

# Decision of court

## The Law

Section 118 (1)of the Registration of Titles Act provides as follows;

" 1 . Upon the receipt of an olfice copg of the probate of any Will or of any letters of Administration or of any order bg uhich it appears that any person has been appointed the executor or administrator of any deceased person, tlrc Registrar shall on, 4lPage on an application of the executor or

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administrator be reaistered as propietor in resl)ect of anu lond. lease or mortqaqe therein descibed. enter in the Reqister boo emphasis) and on the duplicate instntment if ang, when produced for ang purpose, ^a memorandum notifging the appointment of the executor or administrator and the day of the death of the propietor when the day can be ascertained and upon that entry being made that exeantor or administrator shall become the transferee and be deemed to be the propietor of such land, Iease or mortgage or of such part of it as then remained unadministered and shall hold it subject to the equities upon tuhich tLe deceased held it, but for the purpose of ang dealings thereuith, tle executor or administrator shall be deemed to be the absolute propietor thereof. "

Sub section 2 provides as follows;

- "2. The title of euery executor or administrator becoming a transferee under this section shall upon such entry being made, relate back to and be deemed to haue arisen upon the death of the propietor of any land ,lease or mortgage as if there hod been no interual of time between such death and entry.' - 9. It is true that the applicants lodged an application for a special certificate of title with the Registrar of Titles on 15n February 2024, as they stated that they could not trace the duplicate certificate of title. This they did after applying for and obtaining Letters of Probate granted by the High Court in Masaka on 4th February 2O2O. Before applying for a Special Certificate of Title, the applicants had made a report of loss of a land title at Central Police Station vide SD Reference no. 3Ol19l02l2O24 dated 19ft February 2024. Consequent upon this, the applicant - 10. Upon receipt of the applicant's application for a Special Certificate of Title the Registrar of Titles wrote to the Deputy Registrar Masaka High Court seeking for verification of the Letters of Probate on 21"t February 2024. The Deputy Registrar Masaka High Court responded by letter dated 23'd June 2024 verifying that the applicants were the rightful executors of the estate

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of the late Wycliffe Andrew Sekamwa Mudeka by virtue of the grant dated 4tt February 2O2O by Hon Justice Moses Kazibwe Kawumi

- 11. Consequent upon this, the respondent asked the applicants to make an application for a substitute page of the land title and the applicant obliged, upon which the respondent went ahead and made an order for a substitute page on 9th September 2024 and a mutation form was duly passed by the same office on 27fi November 2024 to have the certificate of title processed in the applicants' names. On 30th November, the applicants forwarded their application to be registered as administrators and proprietors on the suit land. However to date, the respondent has not effected the title in their names despite frequent follows ups by the applicant. - 12. I have examined the process that the applicants undertook before coming to court to seek the orders being sought in this application. The process can be outlined bellow; - a) Applying for Letters of Probate; - b) Applying to the Registrar of Titles for a special certificate of title. - c) Registrar seeking verification of the letters o= Probate from court. - d) Court writing back verifying the said letters of probate. - e) Registrar directing for an application for a substitute page. - f) Applicants applying for a substitute page and the Registrar of Titles eventually issuing the order for issuance of a substitute page. - g) When the process reached the above stage it stalled up to date. - 13. I have examined the above process, and am satisfied that all the documents submitted by the applicants to the Registrar of Titles to help in their registration onto the title, were genuine. I have not found any justifiable reason at all for the respondent to halt the process of registration of the applicants as executors of the estate of the late Wycliffe Andtew Sekamwa Mudeka. I am buttressed by the provisions of section 1 18 of the Registration of Titles Act Cap 240. I therefore resolve the issue that was framed for determination herein in the affirmative.

#### Remedies.

6lP.rge

ft.

Having resolved the issue in the affirmative, I hereby allow the application with the following orders.

- a) The Commissioner Land Registration/Registrar of Titles (who is the respondent in this application) is hereby directed to register the applicants on the title for land comprised in Bulemezi Block 699 plot 1 land at Naluyambuzi measuring approximately 1,260.40 Acres as Executors of the estate of the late Wycliffe Andre Sekamwa Mudeka. - b) No order is made as to costs.

I SO ORDER $\dots$ day of $\dots$ DATED this ...... ...........2025 **GODFREY HIMBAZA**

**ACTING JUDGE**