Ggamba v Commissioner Land Registration (MISCELI-ANEOUS CAUSE NO. 21 OF 2023) [2023] UGHC 503 (1 January 2023)

# THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA **HOLDEN AT MPIGI MISCELLANEOUS CAUSE NO. 21 OF 2023** GGAMBA LEONARD :::::::::::::::::::::::::::::::::::: **VERSES**

### COMMISSIONER LAND REGISTRATION :::::::::::::::::::::::::::::::::::: HON. LADY JUSTICE NABAKOOZA FLAVIA **BEFORE: RULING**

- 1. This Application was brought by Ggamba Leonard (herein after referred to as **the Applicant)** against the Commissioner Land Registration **(herein after) referred to as the Respondent)** under Section 167 of the Registration of Titles Act Cap 230, Sections 14(1) and 33 of the Judicature Act Cap 13, Section 98 of the Civil Procedure Act and Order 52 Rules 1 and 2 of the Civil Procedure Rules SI 71-1 seeking for orders that: - a. A vesting order be granted in favor of the Applicant in respect of Land comprised in Mawokota Block 151 Plot 11 Land at Bubuule. - b. The costs of the Application be provided for. - 2. The grounds of the Application are contained in the Affidavit of the Applicant (Ggamba Leonard) and briefly are; - the Land is registered under the Provisions of the Registration of Titles Act, Cap 230; the Applicant purchased the said land from Mawokota Farmers Limited and he is in possession of it; that it is now over 50 years since he purchased the said land but the vendor cannot be found upon exercising diligence; that an Application was made to the Respondent but was rejected with a direction that it be made to this Court; that this court has unlimited original jurisdiction in all matters including the granting of the above orders; that the Application is brought in good faith and that the Respondent will not suffer any injustice, neither will he be prejudiced in any way if the Application is granted; that it is in the interest of equity and substantive justice that the Application is allowed. - 3. The Application is further supported by the following evidence: a copy of a land sale agreement dated 7/06/1968, copy of the Applicant's National Identity Card, photographs of the suit land, Bubuule- Nambi Zone LC Letter addressed to the

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Registrar Mpigi High Court dated o2lo;l2o27, Search Letter to URSB from MBS Advocates datedglo5lzoz3, Search Report from URSB dated 77lo5l2o2S, statement of Search fi'om Ministry of Lands, Housing and Urban Development dated 24lo;l2023, Lettcr Applying for a Vesting Order dated BloSlzoz3 and a rejection Lettel dated 29 I o;l 2025.

- 4. Thc Application was opposed by the Respondent thr-ough Mr. Atusaasira Godwin (Registrar of Titles) who filed an Affidavit in reply wherein he deposed that; the Respondent is an official of Government responsible for issuance ofceftificates oftitle, effecting registration and keeping custody ofthe National Land Register; that the suit Iand is currently registered in the names of Mawokota Farmers Limited; that in the event the court is inclined to grant the application, the Applicant should pay stamp duty as assessed by the government valuer. That tlie Respondent has no personal interest in the land save for being custoclian ofthe Register and has been sued to effect orders of court; that the Rcspondent undertakes to comply with such orders when issued and shouldn't be condernned to pay costs ofthe Application; - 5. Representation; the Applicant was represented byCounsel George Muhangi of M/s MBS Advocates while the Respondent was represented by Mr. Atusaasire Godwin (Senior Registrar of Titles). - 6. Thc Application first came up for hearing on 7410912c23 and on 16ltolzo23, court visitecl Locus and its findings are orl record; thc parties' submissions are equally on record including the rejoinder; all these have been relied on in this ruling.

# 7. Issues for dctcrmination;

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The Applicant raised and resolved two issucs to wit; -

- t. Whetlrcr the lo.nd contpt'ised in Manookota Block 757 Plot 77 LanTd at Bubuule con be uested into the Applicant. - z. What are thc rernedies auailable?

## 8. Resolution of the issues;

Issue r. Whether Land Comprised in Mawokota Block r5r Plot 11 Land at Bubuule can be vested into the Applicant's namc.

Section 167 ofthe Registration of Titles Act Cap z3o(to be referred to as R. T. A herein after) provides that;

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"If it is proved to the satisfaction of the registrar that land under this Act has been sold by the proprietor and the whole of the purchase money paid, and that the purchaser has or those claiming under the purchaser have entered and taken possession under the purchase, and that entry and possession have been acquiesced in by the vendor or his or her representatives, but a transfer has never been executed by the vendor and cannot be obtained by reason that the vendor is dead or residing out of the jurisdiction or cannot be *found, the registrar may make a vesting order in the premises and may* include in the order a direction for the payment of such an additional fee in respect of assurance of title as he or she may think fit, and the registrar upon the payment of that additional fee, if any, shall effect the registration directed to be made by section 166 in the case of the vesting orders mentioned there, and the effecting or the omission to effect that registration shall $be$ attended the $by$ same results as declared by section 166 in respect of the vesting orders mentioned there."

- 9. Before looking into the merits of this Application, I will have to consider whether this application has been properly brought before this court; Section 167 (R. T. A) provides that applications of these nature must be made to the Registrar of Titles; all evidence to warrant a grant of a vesting order must be proved before a registrar, and where a registrar fails/refuses for some reason to grant the same, then an Application for a vesting Order can be made to the High Court; - 10. The Applicant led evidence of a Letter/Application dated 8/05/2023 written by MBS Advocates to the Registrar of Titles Mpigi for a vesting Order; this Application was rejected on $29/05/2023$ by the Registrar of Titles/Respondent with $\overline{a}$ recommendation that the same should be made to this court; - 11. It is the Applicant's affidavit evidence that he made an application to the Respondent as an Office of first instance but the same was rejected (see paragraph 8 of the **Affidavit in support**); this fact was not disputed by the Respondent and in its submissions in reply, the Respondent states that the instant Application is procedurally right before this court; - 12. In Misc. Application No. 40 of 2018, Mutyaba Tom Vs James Kayimbye **Sebinene** M and Anor; Justice Henry I Kawesa had this to say, "By suggesting that the Respondent obtains a vesting order from court, it is in my view; meant that the Commissioner was disinterested in granting the vesting order under Section 167 of the Registration of Titles Act cap 230, in any case such Application was made to him, which rendered court's intervention necessary".

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I am inclined to find the same.

13. Having found that this Application has been properly brought before this court, I will now proceed to determine whether it should be granted;

In the Court of Appeal case of Aida Najjembe v Ester Mpggi\_[Aopgl cited by both counsel, it laid down the principles to be taken into consideration while dealing with applications of this nature; these principles include; -

- i. The land must be registered under the prouisions of the Registration of Titles Act and the purchaser must haue patd the uhole of the prtce to the uendor. - ii. The purchaser or those claiming under him or her haue taken possession of the purchased land. - iii. That the entry tnto possession by the purchaser has been acquiesced by the uendor or his or her representatiue. - iu. The transfer of the property has not been executed because the uendor is dead or is residing out ofjurisdiction or he/she cannot befound. - 14. Counsel for the Applicant submits, that the Applicant has fulfilled all the conditions to be granted a vesting order; that the land he purchased is under the Registration of Titles Act, he took immediate possession in 1968 to-date and that he has made efforts to locate the cornpany or its directors to sign transfer forms but in futility despite due diligence; that the Applicant has a legal interest in the suit land as a bonafide purchaser for value; that he has been in actual undisputed possession and active use ofthe land for more than 5o years and that he is desirous of transferring his title into his names as his security in the suit land but the vendor company/or her directors cannot be found to sign the transfer forms. - r5. On the part of the Respondent, it was submitted that the Applicant attached a Land Sale Agreement as proof of Purchase and put photographs as evidence of his occupation and use of the land; that the area Local Chairperson wrote to this court introducing the Applicant as the owner and user of the land in question; therefore, that the rcspondent leaves it to this court to determine whether to vest the land or not; - 16. In line with the case of Aida -l/aj ernba Vs Ester Mpagi(Supra),' it is undisputed that the subject matter is land rcgistered under the provisions of the Registration of Titles Act, the purchaser paid the whole purchase price and took possession;

To prove possession, the Applicant Ied evidence by attaching an LC Letter from Bubuule Nambi Zone marked as 'D4'; according to the area Local Authorities, the Applicant is a resident of that village and proprietor of Mawokota Block r5r Plot rr which he has held for over 40 years un-interrupted;

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This court also visited locus, and obselved that the Applicant was in actual occupation and use of the land with eucalyptus trees and cassava plants.

- r7. The Applicant further attached Annexure'E4'and 'Ez'which is a search letter and <sup>a</sup> Search Report from URSB (Uganda Registration Seruice Bureau) which confirmed that the vendor company has no Directors, Secretary or address among others; I therefore find that the Applicant searched for the vendor but the same cannot be found; - rB. In the premises, I arn satisfied that the conditions set <.rut in Section 167 of the Registration ofTitles Act for grant of a Vesting order have bcen met by the Applicant.

Therefore, Issue no.1 is answered in thc affirmative.

### tg. Issue z; what remedies are available to the parties;

- 20. It was counsel for the Applicant's submission that costs follow the event; he relied on Section z7@) ol the Civil Procedure Act and submitted that costs follow the event unless circumstances exist to deny a party such costs; that in this case, nonc of such circumstances exist and he prayed that the Applicant is awarded costs; - zr. In reply, the Respondent subrr-rits that it has no personal interest in the land save for being the official custodian of the Register and to condemn him to costs would be detrimcntal to the nature of its activities and mandate; and that if court is pleased to vest the land, the Applicant should be asked to pay stamp duty ofthe value ofthe land; - zz. In rejoinder, the Applicant's counsel in his submission left the issue of costs to the discretion of court, however, he added that the Applicant is ready to meet the necessary fees for vesting the suit land into his names; - 23. I find that the Applicant had locus to claim his interest in the land and the same has not been disputed by the Respondent. The Respondent submitted that they had no interest in the suit property, I will not condemn them in costs.

The Application is granted as prayed by the Applicant with the following Orders; -

- r. The Respondent vests land comprised in Mawokota Block 15r Plot 11 Land at Bubuule into the Applicant's names. - z. The Applicant meets all the necessary fees for vesting the Land into his names.

Signed, dated and delivered at Mpigi this ),Jd day of .. U. 2O24 I

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Nabakooza Flavia. k<br> $$

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