Uganda Case Law

Kibuuka & Another v Commissioner Land Registration & Another

Kibuuka & Another v Commissioner Land Registration & Another (MISCELLANEOUS CAUSE NO. 60 OF 2019) [2020] UGHCCD 63 (23 April 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 60 OF 2019

Judge

Musa Ssekaana, J

The court found that the 1st Respondent, the Commissioner Land Registration, acted outside its statutory powers by cancelling the applicants' certificate of title on grounds of alleged fraud. Section 91 of the Land Act, as interpreted by the Supreme Court in Hilda Wilson Namusoke & 3 Others v. Owalla's Home Investment Trust(EA) Limited, does not empower the Registrar to cancel titles for fraud; such jurisdiction lies exclusively with the High Court. The Registrar's powers are limited to correcting errors or illegalities, not adjudicating fraud. The cancellation was therefore ultra vires, ille…

Source excerpt

• Judicial Review
• Certiorari
• Ultra Vires Decision
• Land Title Cancellation
• Powers Of Land Registrar

Transroad Uganda Limited v Commissioner Land Registration

Transroad Uganda Limited v Commissioner Land Registration (Civil Suit No.621 of 2017) [2019] UGHCLD 6 (14 March 2019)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No.621 of 2017

Judge

Kawesa, J

The High Court held that the Commissioner Land Registration could not cancel the plaintiff’s title absent fraud or illegality attributable to the plaintiff.

• Indefeasibility Of Title
• Powers Of Land Registrar
• Bona Fide Purchaser
• Rectification Of Land Register
• Jurisdiction Of Land Offices
• Indefeasibility-of-title