Ndawula and Another (Administrators of the estate of late Kato Semukasa) v Commissioner Land Registration (Misc Cause No. 32 of 2020) [2021] UGHCLD 202 (12 November 2021)

# THE REPUBLIC OF UGANDA

## IN THE HIGH COURT OF UGANDA AT MASAKA

## MISCELLANEOUS CAUSE NO. 32 OF 2020

### 1. NDAWULA GEORGE

2. NAMUJJUZI HARRIET :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANTS Administrators of the estate of the late Daniel Ssozi Kato Semukasa

## VERSUS

#### COMMISSIONER FOR LAND REGISTRATION:::::::::::::::::::::::::::::::: RESPONDENT

## *Before; Hon Justice Victoria Nakintu Nkwanga Katamba*

## **RULING**

This application is brought under Section 98 of the Civil Procedure Act and Order 52 Rules 1, 2 and 3 of the Civil Procedure Rules seeking orders that;

- a) Certified copies of all plots, including the existing residue (Plot 291) in the names of the late Danieri Ssozi Kato Semukasa that have been created following the subdivision of all that land comprised and known as Buddu Block 326 Plot 176, land at Kako, Samaliya be issued; - b) Costs of the suit be in the cause;

The grounds of the application as contained in the affidavit of the 1st Applicant Ndawula George are briefly that;

- a) The Applicants are administrators of the estate of the late Danieri Ssozi Kato Semukasa the registered owner of the land in Block 326 Plot 176 at Kako; - b) At the time of his death in 1979, the said land had been subdivided into several plots including Plot 291, the existing residue measuring over 1000 acres and certificates of title had not been issued;

c) The certified copies of title are specially needed to aid the Applicants to apply for special certificates of title for the land that is still registered to the late Danieri Ssozi Kato Semakula;

The Applicant titled this application as a "**Notice of motion exparte**" and I presume that is why there is no affidavit of service on file. My opinion is that for an application of this nature, a letter to the Registrar of Titles Masaka MZO requesting for the certificated copies needed would suffice. However, the Applicants have proved that they are duly appointed administrators of the estate with a certified copy of a Grant of Letters of Administration dated the 6th day of May 2019 and the purpose for which this application is brought is to help them perform their duties. I will therefore proceed to consider the application in the interest of justice.

This court has powers under *Section 98 of the Civil Procedure Act* to make necessary orders for the ends of justice to be met.

The Applicants have sufficient proof that they are Administrators of the estate of the late Danieri Ssozi Kato Semakula.

A grant of letters of administration obtained from a competent court give the administrator all rights belonging to the intestate as per *Section 192 of the Succession Act*.

Under *Section 279 of the Succession Act*, the administrators have a duty to collect the property with reasonable diligence, the property of the deceased, and the debts that were due to him or her at the time of his or her death.

The Applicants have clearly stated that at the time of the deceased's death, his property comprised in Block 326 Plot 176 at Kako had been subdivided but the certificates of title had not yet been retrieved. For the proper administration of the estate and fulfilment of their duty as in Section 279 above, the administrators will need to have better particulars relating the said certificates of title which information can be provided by the Respondent as the custodian of the land registry.

I therefore find that this application bears merit in as far as it is intended to enable the proper performance of the Applicants' duties. It is hereby allowed with the following orders;

- 1. The Respondent shall issue to the Applicants, certified copies of all plots, including the existing residue (Plot 291) in the names of the late Danieri Ssozi Kato Semukasa that have been created following the subdivision of all that land comprised and known as Buddu Block 326 Plot 176, land at Kako, Samaliya. - 2. No order is made as to costs.

I so order.

Dated at Masaka this 12th day of November, 2021

**Signed;**

#### **Victoria Nakintu Nkwanga Katamba**

**Judge**