Application for vesting orders
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA
MISCILLENOUS CAUSE NO. 90 OF 2013
RONALD OINE :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::APPLICANT
COMMISSIONER FOR LAND REGISTRATION ::::::::::::: RESPONDENT
BEFORE: HON. MR. JUSTICE BASHAIJA K. ANDREW
RONALD OINE (hereinafter referred to as the “Applicant”) filed this application under Section 167 of the Registration of Titles Act (RTA)(Cap 230); Section 98 Civil Procedure Act(CPA) (Cap 71); and Order 52 rr.1 & 3 Civil Procedure Rules (CPR) (S.I. 71 – 1) seeking for an order that a vesting order be issued directing the Commissioner for Land Registration(hereinafter referred to as the “Respondent”) to transfer the suit property comprised in Block 1 Plot 244 land at Ankole, Sheema into the names of the Applicant, and that costs of the application be provided for.
The grounds of the application are briefly are that;
- The registered proprietor of the suit property comprised in Block 1 Plot 244 land at Ankole, Sheema is one Kagwisa who died in 1993.
- The Applicant purchased the suit property from the deceased’s children vide a sale agreement dated 11th Marc, 2006 and immediately took possession and is still in possession of the same having paid the full purchase.
- The deceased’s children handed over the Certificate of Title for the suit property but the said children’s whereabouts are unknown and as such the said title has never been transferred into the Applicant’s names as the purchaser.
- The Applicant’s efforts to apply to the Registrar of Titles to vest the same into the names of the Applicant did not succeed as the Applicant was advised to apply for a vesting order from this honourable Court.
- This is a proper case where the High Court should exercise its inherent powers to order for the vesting of the suit property into the Applicant’s names.
- That it is in the interest of justice that this application be granted.
Land law-vesting orders- whether high court can grant vesting orders under section 167 of the RTA or section 98 of the CPA.
- I must add that it ought to be a condition that the application must be made to the Registrar/ Commissioner for Land Registration in the first instance, who for some reason declines to exercise the powers conferred upon him or her under Section 167 (supra) before the Applicant can move court. It is my view that section specifically provides for and empowers the “Registrar” to issue a vesting order, and therefore the Registrar is essentially the first point of reference before the court can be moved. I believe court grants vesting orders under its inherent power but not under Section 167(supra) because the provision only envisages the Registrar. It is therefore important that an applicant for a vesting order should unfailingly cite Section 98 CPA as the enabling provision, and Section 167(supra) only to demonstrate conditions for a vesting order.
The application was granted with orders that;
- The Commissioner for Land Registration/ Registrar of Titles is hereby directed to vest land comprised in Block 1 Plot 244 land at Ankole, Sheema into the names of OINE RONALD, the Applicant.
- Each party will bear its own costs