Gatare v Parkash Kau and 2 Others
Gatare v Parkash Kau and 2 Others (Civil Appeal 41 of 1998) [1999] UGCA 44 (30 September 1999)
The appeal was found incompetent due to the appellant's failure to serve the Notice of Appeal on the first and second respondents, as required by rule 77 of the Court of Appeal Rules. The obligation to serve rests on the appellant, and no evidence of service was provided. The Supreme Court precedents confirm that non-service renders an appeal incompetent. On the substantive issue, the Registrar of Titles acted within his powers under Sections 69 and 178(a) of the Registration of Titles Act to cancel the appellant's Certificate of Title, as the registration was tainted by admitted irregulariti…
Source excerpt
- Rectification Of Title Register
- Powers Of Registrar Of Titles
- Notice Of Appeal Service
- Jurisdiction Of Court Of Appeal