Uganda Case Law

Namusoke & 3 Others v Owalla's Home Investment Trust (E.A) Limited

Namusoke & 3 Others v Owalla's Home Investment Trust (E.A) Limited (Civil Appeal 15 of 2017) [2018] UGSC 57 (25 April 2018)

Court

Supreme Court of Uganda

Case number

Civil Appeal 15 of 2017

Judge

Mwondha, JSC, Tibatemwa-Ekirikubinza, JSC, Mugamba, JSC, Nshimye, JSC, Tumwesigye, JSC

The Supreme Court held that the Commissioner Land Registration does not have the power to cancel a certificate of title on the basis of fraud under Section 91(2) of the Land Act, as fraud was deliberately omitted from the grounds for cancellation by the legislature. The power to adjudicate and order cancellation of a title on grounds of fraud is vested exclusively in the High Court under Section 177 of the Registration of Titles Act. The Court found that the cancellation of the appellants' special certificate of title was lawful because it was issued in error, a ground that falls within the C…

Source excerpt

• Cancellation Of Title
• Powers Of Commissioner Land Registration
• Fraud In Land Transactions
• Natural Justice
• Procedure For Hearing
• Registration Of Titles