This was an application by notice of motion filed by the
Administrator General under S. 185 of the Registration of
Titles Act Cap 205 and order 48 rule 1 of the Civil
Procedure Rules seeking for an order for cancellation of
the Registration of the respondent on the title and
registration on Block 367 Plot 1 and 2 and 489 plot 30
forming part of the Estate of one Simon Kironde.
Court ruled that the Administrator General has to satisfy
court that he recovered land from the registered
proprietor after court proceedings. There was nothing to
show that there was any court proceedings regarding the
land in issue neither has the Administrator recovered land
from the registered proprietor. In the premises therefore
the court could not order for cancellation of the
Registration certificate in the names of Isreal Henry
Seemanda and have the same registered in the names of
Court further ruled that the grant of probate to the
executor of the estate of Simon Kironde was conclusive
and depicted the validity of the will of Simon Kironde the
Administrator General should not have brushed it aside
when applying for letters of administration.
Court accordingly dismissed the application.