FIRM X LEARNING OUTCOMES: LAND TRANSACTIONS MODULE 3

WEEK 4 OF TERM 2
Workshop One &Two

FIRM X PARTNERS
1. Mpaata Jerome Owagage
2. Julianne Mwebaze
3. Diane Niyogusabwa
4. Aine Raymond
5. Gerald Ndobya
6. Dorah Muhanuuzi
7. Mulindwa Fredrick
8. Daphne Musoki
9. Awino Mercy
10. Apili Mabel

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 WORKSHOP ONE.
LEARNING OUTCOME 1: The meaning, types and effect of fraud on land transactions.
PART I: Meaning of fraud
- There is no statutory definition of fraud.

o John Katarikawe v William Katwiremu & Another, Civil Suit No 2 of 1973.

Held: In the absence of a statutory definition of fraud I would adopt the
definition in a similar Kenyan Statute which defines fraud as “fraud shall on the
part of a person obtaining registration include a proved knowledge of the
existence of an unregistered interest on the part of some other person, whose
interest he knowingly and wrongfully defeats by such registration.”

- However, The Supreme Court of Uganda has since defined fraud in land transactions in
several cases thus:

o John Katarikawe v William Katwiremu & Another, Civil Suit No 2 of 1973.

Held: Fraud shall on the part of a person obtaining registration include a proved
knowledge of the existence of an unregistered interest on the part of some other
person, whose interest he knowingly and wrongfully defeats by such registration
[adopting the Kenyan statute definition]

o Marko Matovu & others v Mohammed Sseviri & Another, Civil Appeal No. 7 of
1978, It is fraud if a person procures registration to defeat an unregistered interest
on the part of another person of which he is proved to have had knowledge.”

o David Sejjaaka Nalima v Rebecca Musoke Civil Appeal No.12 of 1985 Held: It
is well settled that fraud means actual fraud or some act of dishonesty. Citing
Wainiha Saw milling co. Ltd V. Wainone Timber Co. Ltd. (1926) A.C 101: Now,
fraud clearly implies some act of dishonesty.
 Where there are a series of subsequent transfers, for the title of the
incumbent registered proprietor to be impeachable, the fraud of the
previous proprietors must be brought home to him.

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  The fraud which must be proved in order to invalidate the title of a
registered proprietor for value whether he buys from a person claiming
under a title must be brought to the persons whose registered title is
impeached or to his agents. A fraud by persons from whom he claims does
not affect him unless knowledge of it is brought home to him or his
agents.
o Kampala Bottlers Ltd v Damanico (U) LTD Civil Appeal No. 22/92 [fraud must
be attributable either directly or by necessary implication to the defendant]
o Fredrick JK Zaabwe v Orient Bank Ltd & Ors, SCCA No. 04/2006 Held: Citing
Black’s Law Dictionary that fraud is either of four things:

 an intentional perversion of truth for the purpose of inducing another in

reliance upon it to part with some valuable thing belonging to him or to
surrender a legal right.

 A false representation of a matter of fact, whether by words or by conduct,

by false or misleading allegations, or by concealment of that which
deceives and is intended to deceive another so that he shall act upon it to
his legal injury.

 Anything calculated to deceive, whether by a single act or combination, or

by suppression of truth, or suggestion of what is false, whether it is by
direct falsehood or innuendo by speech or silence, word of mouth, or look
or gesture…………….

 A generic term, embracing all multifarious, means which human ingenuity

can devise, and which are resorted to by one individual to get advantage
over another by false suggestions or by suppression of truth, and includes
all surprise, trick, cunning, dissembling, and any unfair way by which
another is cheated, dissembling, and any unfair way by which another is
cheated.

 It comprises all acts, omissions and concealments involving a breach of a

legal or equitable duty and resulting in damage to another. And includes
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 anything calculated to deceive, whether it be a single act or combination
of circumstances, whether the suppression of truth or the suggestion of
what is false whether it be by direct falsehood or by innuendo, by speech
or by silence, by word of mouth, or by look or gesture.

 “Bad faith” and “fraud” are synonymous, and also synonymous of

dishonesty, infidelity, faithlessness, perfidy, unfairness, etc. ………….

 Fraudulent means too act with “intent to defraud” means to act wilfully,
and with the specific intent to deceive or cheat; ordinarily for the purpose
of either causing some financial loss to another, or bringing about some
financial gain to oneself.

PART II: What fraud is not/distinguishing fraud

- Fredrick JK Zaabwe v Orient Bank Ltd & Ors, SCCA No. 04/2006 Held:

o As distinguished from negligence, it is always positive, intentional

- David Sejjaaka Nalima v Rebecca Musoke Civil Appeal No.12 of 1985 Held: Fraud in
these actions i.e. actions seeking to affect a registered title means actual fraud, dishonesty
of some sort not what is called constructive fraud – an unfortunate expression and one
very apt to mislead, but often used for want of a better term to denote transactions having
consequences in equity similar those which flow from fraud.
o The mere fact that he might have found out the fraud had he been more
vigilant and had made further inquiries which he omitted to make does not
itself prove fraud on his part. But if it be shown that his suspicions were
aroused and that he abstained from making inquiries for fear of learning the truth,
the case is very different and fraud maybe properly ascribed to him.”
- Section 145 RTA [interpreted by the Supreme Court in David Sejjaaka Nalima v
Rebecca Musoke Civil Appeal No.12 of 1985 to mean that mere knowledge of
unregistered interest cannot of itself be imputed as fraud. Therefore, in my view, where
this knowledge is supported by other circumstances it may amount to fraud.]

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 - Kampala Bottlers Ltd v Damanico (U) LTD [means actual fraud, dishonesty of some sort
not what is called constructive fraud an unfortunate expression and one may opt to
mislead, but often used for want of a better term to denote transactions having
consequences in equity similar to those which flow from fraud”]
- Kampala Bottlers Ltd v Damanico (U) LTD [Even incompetence might not be
fraudulent.]
PART III: Types
- Direct fraud
o This is where the registered proprietor whose title is the subject of impeachment
is directly implicated to have participated or have had first-hand knowledge of the
fraudulent activity.
- Imputed fraud
o David Sejjaaka Nalima v Rebecca Musoke [since the advocates knew of the
unregistered interest of the respondent and the fraud of Sendaula that knowledge
must be imputed on the appellant… where a purchaser employs an agent, - such
as advocate to act on his behalf the notice he receives, actual or constructive, is
imputed on the purchaser. And similarly where the advocate acts for both parties
any notice he acquires is ordinarily imputed on both parties]
o Fredrick JK Zaabwe v Orient Bank Ltd & Ors where an Advocate acts for a
party and he has knowledge or notice of alleged fraud, that knowledge or notice
will be imputed to his client unless the client himself is defrauded by the
advocate.
- Constructive fraud
o Kampala Bottlers Ltd v Damanico (U) LTD [fraud means actual fraud,
dishonesty of some sort not what is called constructive fraud an unfortunate
expression and one may opt to mislead, but often used for want of a better term to
denote transactions having consequences in equity similar to those which flow
from fraud”]
PART IV: Effect of fraud
- From the provisions of The RTA below, the effect of fraud is to impeach and void title
although under the principle of indefeasibility of title, a title would ordinarily be
unimpeachable. Fraud is thus an exception to the principle of indefeasibility of title.
[Section 64, Section 77, Section 136, S.176(c), Section 178, Section 190]
o Only defence is where purchase had no notice of fraud as under Section 181 of
The RTA.

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 o Fredrick JK Zaabwe v Orient Bank Ltd & Ors s. 181 applies where the
purchaser was not party to the fraud or he had no knowledge of the fraud at the
time when he purchased.
- Secondly, fraud has rendered the curtain principle more or less redundant in Ugandan
law. A prospective buyer of land is now expected to look beyond the title and entries in
the registrar and to investigate the origin of the title they intend to take. The register is no
longer everything. Sir John Bageire v Ausi Matovu C.A. NO. 7 OF 1996 (C.A.U.).

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 LEARNING OUTCOME B: Competently plead fraud, burden and standard of proof.
The general rule under Section 59 of the RTA is that certificate of title is conclusive evidence of
ownership, and is indefeasible. This principle is subject to certain exceptions, in particular, the
indefeasibility of a title can be impeached on proof of fraud.

Fraud was defined in the case of Professor Kerali Henry v Fatuma Bona & Ors [2018]
UGHCCRD 113 as including dishonest dealings in land or sharp practice to get advantage over
another by false suggestion or suppression of truth and to include all surprise, trick, cunning,
disenabling, and any unfair way by which another is cheated or intended to deprive another
person of an interest in land, including an unregistered interest.

Under Section 77 RTA, any certificate of title…procured or made by fraud shall be void as
against all parties or privies to the fraud.

Because fraud is a grave allegation, it must be specifically pleaded and proved by the party
alleging it, in their pleadings. Order 6 Rule 3 of the Civil Procedure Rules requires that in all
suits where the party pleading relies on fraud, the particulars of such allegations shall be stated
with dates.

Acts constituting fraud include proved knowledge of the existence of an unregistered interest and
willful attempts to defeat such interest.

I. BURDEN AND STANDARD OF PROOF

The burden to prove fraud lies on the person alleging it, and such fraud must be attributable to
the transferee. (Section 101, 102 103 Evidence Act Cap 6) The standard of proof is beyond a
mere balance of probabilities in ordinary civil suit cases, but not beyond reasonable doubt as in
criminal cases. This was the position as held in Kampala Bottlers Ltd. vs Domanico (U)
Limited, Supreme Court Civil Appeal No. 22 of 1992.

Allegations of fraud can only be handled and tested at a full suit by the Court. This was the
position in Hon. Justice George Kanyeihamba v C.L.R & Richard Musinguzi H.C.M.C. No.
79/2011 where the Court added that because of the gravity of fraud allegations and the necessity
for full inquiry, the Registrar has no powers to cancel a title for fraud. This power is vested only
with the Court, which must then direct the registrar to cancel.
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In Kampala Bottlers Ltd. vs Domanico (U) Limited, Supreme Court Civil Appeal No. 22 of
1992, court added that the party alleging fraud must also prove that the fraud was attributed to
the transferee. It must be attributable either directly or by necessary implication, that is; the
transferee must be guilty of some fraudulent act or must have known of such act by somebody
else and taken advantage of such act.

Fraud may therefore also be imputed on the principal through their agent, i.e. from the client
advocate relationship. In Rebecca Musoke v. Dick Sengomwami & 2 Others (1999) Kalr 903
Court held that knowledge by an agent, that is, an advocate that letters of administration were not
obtained bona fide will be imputed on subsequent transferees for whom the advocate acts. They
cannot claim to be bona fide purchasers for value without notice.

In David Sajjaka Nalima v Rebecca Musoke Civil Appeal 12/1985, court cited the case of
Assets Co. Ltd v Mere Roihi & others to explain that “Further it appears to their Lordships that
the fraud which must be proved in order to invalidate the title of a registered proprietor for value
whether he buys from a person claiming under a title …must be brought to the notice of the
persons whose registered title is impeached or to his agents. A fraud by persons from whom he
claims does not affect him unless knowledge of it is brought home to him or his agents. The
mere fact that he might have found out the fraud had he been more vigilant and had made further
inquiries which he omitted to make does not itself prove fraud on his part. But if it be shown that
his suspicions were aroused and that he abstained from making inquiries for fear of learning the
truth, the case is very different and fraud maybe properly ascribed to him.

II. Examples of particulars of fraud include:

 Katarikawe v Katwiremu & Another, Civil Suit No. 2 of 1973, where a person procures
registration to defeat an unregistered interest on the part of another person of which he is
proved to have had knowledge. Court explained that although mere knowledge of
unregistered interest cannot be imputed as fraud under the Act, it is my view that where
such knowledge is accompanied by a wrongful intention to defeat such existing interest
that would amount to fraud.
 Kampala District Land Board & Chemical Distributors V National Housing and
Construction Corporation Civil Appeal No 2 of 2004; deliberate failure to follow

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 prescribed procedure or to deceive that the land is available for leasing or to deny the
respondent a fair hearing amounted to fraud.
 Rebecca Musoke v. Dick Sengomwami & 2 Others (1999) Kalr 903; Knowledge by an
agent, that is, an advocate that letters of administration were not obtained bona fide will
be imputed on subsequent transferees for whom the advocate acts. They cannot claim to
be bona fide purchasers for value without notice.
 Under declaration of consideration and the developments on land during valuation; as
held in Betty Kizito vs David Kizito Kanonya & 7 Others, SCCA No.8 of 2018.
 Also see Section 190 of the RTA, which spells out certain fraudulent acts that also
amount to offences.

“If any person willfully makes any false statement or declaration in any application to
bring land under the operation of this Act or in any application under Part V of this Act or
in any other application to be registered under this Act as proprietor of any land, lease or
mortgage, or suppresses or conceals or assists or joins in or is privy to the suppressing,
withholding or concealing from the registrar of any material document, fact or matter of
information, or willfully makes any false affidavit or signs any false certificate required
under the authority or made or signed in pursuance of this Act, or if any person in the
course of his or her examination before the registrar willfully and corruptly gives false
evidence, or if any person fraudulently procures, assists in fraudulently procuring or is
privy to the fraudulent procurement of any certificate of title or instrument or of any entry
in the Register Book or of any erasure or alteration in any entry in the Register Book, or
knowingly misleads or deceives any person hereinbefore authorised to require
explanation or information in respect to any land or the title to any land under the
operation of this Act in respect to which any dealing is proposed to be registered, that
person commits an offence and is liable on conviction to imprisonment for a period not
exceeding three years or to a fine or to both such imprisonment and fine; and any
certificate of title, entry, erasure or alteration so procured or made by fraud shall be void
as against all parties or privies to the fraud.”

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LEARNING OUTCOME C: Appreciate illegality and error and their effect on land
transactions and the powers of the Commissioner for Land Transactions/Registrar.
a. Illegalities and Errors

The Black’s law dictionary (8th Edition, 2004) at p. 2182 defines an illegality as an act that us
not authorized by law. On the other hand, it defines an error at p.1642 as an assertion or belief
that does not conform to objective reality; a belief that what is false is true or that what is true is
false. Illegalities and errors are case to case specific.

b. Effect of illegalities on a land transaction

The effect of illegalities and errors is cancellation of the title as provided under Section 91 of the
Land Act.

c. Powers of the Registrar

Section 91(2) of the Land Act states as follows:-

“The registrar shall, where a certificate of title or instrument-is issued in error; contains a
misdescription of land or boundaries; contains an entry or endorsement made in error; contains
an illegal endorsement; is illegally or wrongfully obtained; or is illegally or wrongfully retained,
call for the duplicate certificate of title or instrument for cancellation, or correction or delivery
to the proper party.”

These powers are reiterated at Section 73, 74 and 75 of the RTA. In particular 73.

Procedures to follow cancellation

This was discussed in the case of Naku & 2 Ors V Commissioner of land registration and
anor (Civil Appeal No. 064 of 2010). Section 91(8) & (9) of the Land Act requires the
Registrar of Titles, while exercising the said functions, to give due notice of not less than 21 days
to the party likely to be affected by the decision, to provide such party with an opportunity to be
heard, to conduct the hearing within the rules of natural justice, to give reasons for any decision,
and to communicate her decision in writing to the parties and the Committee. The said Registrar
is also bound to conduct a hearing in accordance with the principles of natural justice and to
communicate the decision in writing to the affected parties before executing the decision he/she

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may have reached. Section 91(3) of the Land Act provides that if the person holding a certificate
of title refuses to produce it to the registrar within a reasonable time, the registrar shall dispense
with the production of it and amend the registry copy and where necessary issue a special
certificate of title to the lawful owner. Section 91(10) & (11) of the Land Act provides for a right
of appeal and a transfer is not to be effected until the determination of the appeal. In Patel v
Commissioner Land Registration & 2 Ors (HCCS NO. 87 O 2009) it was stated that the appeal
cannot proceed without joining and hearing all persons who could be affected by the decision of
the Court, on appeal.

In Mpungu & Sons Transporters Ltd V The Attorney General& Kembe Coffee Factory
(Coach) Ltd [2006] HCB 26 court held that the requirement of natural justice depends on the
circumstances of the case, nature of the inquiry, rules under which the tribunal is acting, and
subject matter dealt with

The Administratrix of the estate of late James Katubale Kagudde Mukasa versus The
Commissioner Land Registration and 2 Ors, HCCS No.2392 of 2016; formerly Nakawa Civil
Suit No. 028 of 2010. Justice Bashaija K. Andrew stated that;

“…even if the commissioner for land registration was to cancel the certificate of title on grounds
of errors or illegalities, he or she would have no jurisdiction where the registered proprietor was
not party to the errors or illegalities”

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LEARNING OUTCOME D: Appreciate the types of remedies available to a person
deprived of land through fraud.
RECOVERY OF LAND

Section 176 RTA - Registered proprietor protected against ejectment except in certain
cases No action of ejectment or other action for the recovery of any land shall lie or be sustained
against the person registered as proprietor under this Act, except in any of the following cases -
(c) the case of a person deprived of any land by fraud as against the person registered as
proprietor of that land through fraud or as against a person deriving otherwise than as a
transferee bona fide for value from or through a person so registered through fraud;

Odyeki & Anor v Yokonani & 4 Ors (Civil Appeal 9 of 2017) [2018] UGHCCD 50 (11 October
2018)

With actions for recovery of land, the claim is essentially in the nature of an out-of-possession
claimant asserting his or her title or ownership i.e., proprietary title, as distinct from possessory
rights. In essence, an action for recovery of land is founded on a special form of trespass based
upon a wrongful dispossession. It is the mode by which conflicting claims to title, as well as
possession, are adjudicated. Any person wrongfully dispossessed of land could sue for the
specific restitution of that land in an action of ejectment. An action for the recovery of land is the
modern equivalent of the old action of ejectment (see Bramwell v. Bramwell, [1942] 1 K.B.
370). It is action by which a person not in possession of land can recover both possession and
title from the person in possession if he or she can prove his or her title.

CONSEQUENTIAL ORDER

The remedy for the parties is to apply to the High court for a consequential order Under Section
177 of the Registration of Titles Act under which this application is brought it provides that; -
“Upon the recovery of any land, estate or interest by any proceeding from the person registered
as proprietor thereof, the High Court may in any case in which the proceeding is not herein
expressly barred, direct the registrar to cancel any certificate of title or instrument, or any entry
or memorial in the Register Book relating to that land, estate or interest, and to substitute such
certificate of title or entry as the circumstances of the case require; and the registrar shall give
effect to that order’
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A number of cases have established principles on consequential orders, for example in Re:
Habibu Lubwama (1991) HCB 74, the court noted that power to make an order for restoration
of the land is within the exclusive jurisdiction of the high court. And in Andrea Lwanga v
Registrar of Titles (1980) HCB 24, it was held that before a person who has obtained a judgment
for recovery of land against a registered proprietor could be registered as proprietor, he has to
first apply to court to make such consequential order. In Re Ivan Mutaka [1981] HCB 28 it was
held that in order to rely on the provisions of section 185 (now section 177) of the RTA and have
the register book rectified by cancellation, the Applicant who invokes it has to satisfy court that
he/she has recovered the land, estate or any interest in question by any proceedings from any
person registered as proprietor of the land.

Conditions of consequential order

In the case of Nantongo Harriet & 2 Ors versus Namuyiga Rose Misc. Application No. 64 of
2016, the Court noted that; “Section 177 of the Registration of Titles Act is self-regulating. It
clearly provides that once there is proof that there was recovery of land, estate or interest from
the registered proprietor and the proceedings leading to such recovery is not barred”

Therefore, for consequential orders under section 177 of the Registration of Titles Act to be
issued by this Honorable Court, the Applicant has to prove the above two ingredients specified in
the above case

Criminal Proceedings

In the case of Re Ivan Mutaka [1981] HCB 28 it was held that in order to rely on the provisions
of section 185 (now section 177) of the RTA and have the register book rectified by cancellation,
the Applicant who invokes it has to satisfy court that he/she has recovered the land, estate or any
interest in question by any proceedings from any person registered as proprietor of the land.

Additionally, in the case of Re Habib Lubwama [1991] HCB 74 it was held that an order
stemming from a criminal case can form a basis for a consequential order.

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The aforementioned positions were relied on and cited with approval in Ssetuba misairi v the
Registrar of Titles Misc. Cause No.55 of 2011 ( Arising from Luwero Criminal Case No.378 of
2009) ( Hon Lady Justice Percy Night Tuhaise) where the applicant was relying on the Chief
Magistrate’s court of Luwero vide criminal case no. 378 of 2009 holding that the two
respondents and two others were guilty of having forged a judicial document contrary to Section
349 of the Penal Code Act (PCA) and obtaining registration by false pretenses c/s 312 of the
PCA. Upon that basis the Applicant applied to the High Court for consequential orders that the
said forged titles be cancelled and the Land registry as provided under Section 177 of the RTA
have the Applicant registered as the proprietor. The application was granted.

Proceedings in the Magistrates Court

In Re Habib Lubwama [1991] HCB 74 it was held that “whereas a Magistrate is entitled to
declare a transaction or transfer null and void, and whereas he can order restoration of the land to
the rightful owner, the effect of the consequential order under Section 177 of the R.T.A is within
the exclusive jurisdiction of the High Court. It is only the High Court which has the exclusive
jurisdiction to make an order directing the Commissioner for Land Registration) to cancel the
name of the guilty-party from the register of titles and substitute it with the name of the rightful
owner.”

Therefore, the best procedure is to apply to the High Court for a consequential order

Procedure

Under Section 188 of the RTA, ordinary rules of procedure shall apply to the proceedings under
this Act i.e. the RTA. This is by way of notice of motion supported by an affidavit under Order
52 R1&3 accompanied with a certified copy of the declaratory judgment

Steps to follow:

1. Extraction of a court order of the proceedings.

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 2. Pay court fees for certification of the court order. Payment of requisite fee for extraction of
the order which is 20,000 according to the Judicature (Court Rules) (Amendment) Rules
2022

3. Verification of the court order. This is done by the judge upon careful perusal of the same.

4. Application to the registrar to effect the entries onto the certificate is by formal letter
accompanied with the consequential order and particulars of title must be brought out in the
letter to the registrar. Entries are made by the registrar under section 89 of RTA.

5. The applicant presents the court Order, receipt with a photocopy of the same to the office of
the Registrar of titles for registration. The photocopy is stamped received.

6. Payment of registration fees of Shs. 10,000 – Item 8 - 22nd Schedule RTA

7. The applicant returns after 10 working days to confirm entry of the court order on the
registry and ascertain its effect.

GENERAL DAMAGES

Section 178 RTA - Compensation of party deprived of land

Any person deprived of land or of any estate or interest in land in consequence of fraud or
through the bringing of the land under the operation of this Act or by the registration of any other
person as proprietor of the land, estate or interest or in consequence of any error or
misdescription in any registered certificate of title or in any entry or memorial in the Register
Book may bring and prosecute an action for the recovery of damages against the person upon
whose application the land was brought under the operation of this Act, or the erroneous
registration was made, or who acquired title to the estate or interest through the fraud, error or
misdescription;

COMPESATION AND GENERAL DAMAGES AGAINST GOVERNMENT

Section 183 RTA - Actions for recovery of damages may be brought against the
Government

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Any person sustaining loss through any omission, mistake or misfeasance of the registrar or any
other officer or clerk in the execution of their respective duties under this Act or by any error,
omission or misdescription in any certificate of title or any entry or memorial in the Register
Book or by the registration of any other person as proprietor, and who is barred by this Act from
bringing an action of ejectment or other action for the recovery of the land, estate or interest,
may, in any case in which the remedy by action for recovery of damages as herein provided is
inapplicable, bring an action against the Government for recovery of damages; in estimating
those damages, however, the value of all buildings and other improvements erected or made
subsequently to the loss or deprivation shall be excluded.

Section 183 RTA - Persons sustaining loss may recover damages

Applies to a person that’s been privy or party to the exercise of the Registrar’s powers and duties
– appear as co-defendant with the Government in an action brought by him or her against a
person that been a party and privy to the transaction

One that has not been privy to the Registrar’s exercise of powers and duties – in this instance, the
party proceeds against government.

Section 186 – RTA Person claiming may before action brought apply to registrar for
compensation

Any person sustaining loss or damage in any case in which he or she is entitled to bring an action
to recover damages against the Government may before commencing proceedings make
application in writing to the registrar for compensation, and that application shall be supported
by affidavit.

If the registrar admits the claim or any part of it and certifies accordingly to the Attorney
General, the Minister may thereupon, if he or she thinks fit, authorize payment by the Secretary
to the Treasury of the amount so certified.

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LEARNING OUTCOME E: Appreciate the Defence of bona fide purchaser for value
without notice and other defences.
Section 64 (1) of the Registration of Titles Act (RTA) the proprietor of land of any estate or
interest shall except in the case of fraud, hold the land or estate or interest in land subject to such
incumbrances as are notified on the folio register book constituted by certificate of title but
absolutely free from all other incumbrances.

Section 176(c) RTA provides that no action of ejectment or other action for recovery of any land
shall lie against a registered proprietor except in the case of a person deprived of any land by
fraud as against the registered proprietor of that land through fraud of as against a person
depriving otherwise than as a transferee bonafide for value from or through a person so
registered through fraud.

Section 181 of the Registration of Titles Act provides protection for a purchaser for value
without notice.

Amratlal Purshottem & anor v Gian Singh Bhambra, H.C.C.S No. 289 of 2010 court defined a
bonafide purchaser as on who buys property for value without notice of another’s claim on the
same property and without actual or constructive notice of any defects in the infirmities, claims
or equities against the seller’s title; one who has in good faith paid valuable consideration for
property without notice of prior adverse claims.

Furthermore, in Edward Gatsinzi v Lwanga Steven Civil Suit No. 690 of 2004 it was stated that
a bonafinde purchaser is a common law doctrine that evolved as a defense against fraud
allegations.

For one to prove that they are a bona fide purchaser for value without notice they have to prove
certain elements. The case of Haji Nasser Katende v Vithalides Halidas & co. ltd. C.A.C. A No.
84 of 2003(cited in Edward Gatsinzi v Lwanga Steven Civil Suit No. 690 of 2004) that a
bonafide purchaser must prove seven elements;

a) That he/she holds a certificate of title

b) That he/she purchased the property in good faith
c) Had no knowledge of the fraud
d) Purchased the property for valuable consideration
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 e) The vendor had an apparent valid title
f) Purchased without notice of the fraud
g) And was not party to the fraud

Where a bonafide purchaser is guilty of fraud or sharp practice that person ceases to be innocent
and therefore loses protection (David Ssejaka Nalima v Rebecca Musoke C.A.C.A No.12 of
1958)

OTHER DEFENCES

 Indefeasibility of title

Section 59 RTA provides that no certificate of title issued upon application to bring land under
this act shall be impeached or defeasible by reason of on account of informality or irregularity in
application of proceedings previous to registration of the certificate. And every certificate issued
under this act shall be received as evidence of the particulars set forth in the certificate and in
the Register book and be conclusive evidence that the person named in the certificate as the
proprietor of having interest in or power to dispose of the land described in the certificate.

Section 59 read together with section 176(c) supra provide for the defense of defeasibility of title
except in certain circumstances one of which is fraud. Where fraud is pleaded it must be strictly
proved the burden of proving being heavier than the balance of probabilities generally applied in
civil cases (Kampala Bottlers ltd v Damanico (u) ltd S.C.C.A No. 22/92)

Defences for the registrar

 Officers are not liable for acts done bonafide

Section 175 RTA provides that neither the registrar nor any person acting under his authority
shall be liable to any action or proceedings for or in respect of any act or matter bona fide done
or omitted to be done in exercise or supposed exercise of any power given or imposed by this
act.

 Section 180 RTA government shall not in any circumstance be liable for compensation
of any loss, damage or deprivation occasioned by breach by a proprietor of any trust,
18
 whether express, implied or constructive nor in any case in which the land has been
included in two or more grants or final mailo certificates; nor in any case in which loss or
deprivation has been occasioned by any land included in the same certificate of title with
other land through misdescription of boundaries or parcels of land unless in the last case
aforesaid it is proved that the person liable for compensation and damages is dead or has
absconded or has adjudged bankrupt or is unable to pay the full amount awarded I an
action for recovery of such compensation and damages; but-
a) Any amount paid by government on account of any person who has absconded maybe
recovered from that person at any time there after
b) Government shall be liable for such amounts only as cannot be recovered from the person
liable as aforesaid.

 Section 183 provides that any person sustaining loss through any omission, mistake or
misfeasance of the registrar or other officer or clerk in the execution of their respective
duties under this act or by error, omission or misdescription in any certificate of title or
memorial in the registrar book or by the registration of any other person as proprietor ,
and who is barred by this act from bringing an action of ejectment or any other action of
recovery of land, estate or interest ,may in any case in which remedy by action for
recovery of damages as herein provided is inapplicable bring an action against the
government for recovery of damages , in estimating those damages, however the value of
all building and pother improvements created or made subsequent to the loss or
deprivation shall be excluded.

19
LEARNING OUTCOME F: The law and procedure for conversion of customary tenure to
freehold tenure
1. The applicant who wishes to convert must be the holder of a customary tenure as
mandated by Section 9(1) read together with Section 3(1) of The Land Act, Cap. 227
(as amended);
2. The applicant then applies in the prescribed form to the Area Land Committee (ALC) of
the area in which the subject land is situate. [Sections 9(3), 10(2)]
a. Regulation 10 of The Land Regulations, 2004 gives the prescribed form as
Form 4 in the Schedule to the regulations.
3. According to Section 11, the ALC on receipt of the application to convert discharges its
functions mandated under Section 5 which include:
a. Inspection of boundaries
b. Dispute resolution
c. Protecting interests of vulnerable groups eg women, PWDs and minors and so on.
4. Section 12, and Regulation 28 require that in performing its duty, the ALC complies
with the procedures laid out in Section 6 that entail:
a. Publishing a notice in the prescribed form to be posted in a prominent place on
and near the subject land;
b. Giving 14 days after publication of notice to persons with interests in the land to
approach the ALC
c. To adjudicate any disputes arising under the principles of natural justice
d. To author a report on the application and submit it to the District Land Board
(DLB) copying both the applicant and any interested parties.
5. Under Section 13(1)(a), the DLB receives the ALC’s report and may confirm its
recommendations. Where it confirms, it shall refer the report to the Commissioner Land
Registration to issue a Freehold Certificate of Title.
6. However, before (5) above, the DLB is required under Section 13 to perform the
following functions in respect of the application:
a. Cause the land to be surveyed
b. Give reasons in case it rejects the recommendations of the ALC
c. Require that fees be paid as per Schedule 2 PART A, Item 5 of the Act (15,000)
d. Send a copy of its decision to the CoLR

20
 7. Section 14 empowers the CoLR to issue the Freehold Certificate of Title and:
a. Include any incumbrances
b. Endorse it with ‘limited as to parcels’ in accordance with Section 39 of The RTA
8. Dispute resolution: Under Practice Direction No.1 of 2006, District Land Tribunals are
no longer operative and Grade I Magistrates Courts and above (including The High
Court) have jurisdiction to entertain any disputes arising from the above process. This
was emphasized in George Kanyeihamba v CoLR and Anor, HCMC No. 79 of 2011.

LEARNING OUTCOME G: Appreciate the powers and duties of the Uganda Land
Commission, the District Land Board, Area Land Committee and Recorders (Handled
extensively in Week 2)

21
LEARNING OUTCOME H: Identify, safeguard and avoid unethical practices in land
transactions of the nature covered in the scope of this Workshop.
1. Diligent and competent service
Regulation 12 of the Advocates (Professional Conduct) Regulations S.I 267-2
-Disclosure of any notice that comes to them

In land transactions, matters that come to the notice of the advocates, ought to be brought to the
notice of the client. The rationale of this was seen at David Sejjaaka Nalima v Rebecca Musoke
wherein since the advocates knew of the unregistered interest of the respondent and the fraud of
Sendaula that knowledge must be imputed on the appellant… where a purchaser employs an
agent, - such as advocate to act on his behalf the notice he receives, actual or constructive, is
imputed on the purchaser. And similarly where the advocate acts for both parties any notice he
acquires is ordinarily imputed on both parties

2. Balancing the needs of the client and abiding by the law

Regulation 3(1) (b) of the Advocates (Professional Conduct) Regulations
An advocate is allowed to withdraw their instructions in a circumstance where they are called
upon to carry out an activity that would amount to professional misconduct.

3. Should not under declare the value at transfer of the land

In Betty Kizito vs David Kizito Kanonya & 7 Others, SCCA No.8 of 2018, under declaration was
stated to amount to fraud.

22
 WORKSHOP 3
LEARNING OUTCOME 1 PART II WORKSHOP 3: THE PRINCIPLES OF LAW ON
CONDOMINIUM PROPERTY
Law Applicable:
1. Condominium Property Act, 4 of 2001

2. Condominium Property Regulations, S.I No.29/2004

A. Condominium ownership

Section 2 of The Condominium Property Act, 4 of 2001defines a condominium to mean a

system of separate ownership of individual units in a multiple - units building, the individual
units of which are designed for separate ownership and the remainder of which is designated for
common ownership solely by the owners of those units.

B. Common property

Section 2 defines common property to include any property that does not belong to any specific
unit and is used in common by all the owners of the units including the land on which the
property is located, support structures, infrastructure and services: Property such as the land on
which the condominium sits is considered common property – this is because it is utilized by
virtually everyone else with a condo in the same building. It includes all other facilities that may
be built on that land, including swimming pools, playing grounds, Parking lots and gardens.

Other common property includes any other part of the building except the confined space entitled
or owned by other condo owners and among others these may include the halls, roof, basement,
elevator, ceilings and floors. Features installed for general conveniences such as electricity,
water, and air conditionings are also considered common property.

C. Tenancy in common

Section 2 defines tenancy in common to mean a holding of land where two or more persons have
interest in the same land accruing from different titles, or accruing under the same title but at

23
different periods with each having distinct severable shares in the land. Any common property
under condominium law is held under a tenancy in common.

In Section 7 (2) it is provided that the common property comprised in a registered condominium
shall be held by the owners of all the units as tenants in common in shares proportional to the
unit factors for their respective units. This common property may be transferred or leased by the
corporation.

Section 22 (3) confirms that where there is a transfer pertinent to the common property, it must
be registered. See also Section 23(3) on the requirement for registration.

D. Condominium plan

Section 2 of the Act defines a “condominium plan” to mean a condominium plan registered in
accordance with the Act, and includes a phased condominium plan. Under Section 3, it is a
requirement before any property may be converted into a condominium property.

E. Demarcation into Units

Section 2 defines a unit to mean a space that is situated with in a building and described in a
condominium plan by reference to floors, walls and ceiling with in the building. Under Section 2
still, a unit factor means the unit entitlement of a condominium plan and indicates the share of an
owner in the common property, common facilities and other assets of the corporation and is the
figure which determines the owner‘s contribution to the common expenses of a corporation and
may be determined in accordance with the bye-laws of the corporation using variables as the size
of the unit, location of the unit and the view which the unit commands. Such units may be dealt
with as land is accordingly dealt with under the RTA. In Section 5 (3), a proprietor of a unit in
respect of which part the register is opened under section 4, may subject to the Act sell, transfer,
lease, charge or otherwise deal with that unit in the same manner and form as land held under the
Registration of Titles Act.

The proprietor of the unit may further subdivide or consolidate his or her unit with the same
procedure as was the case when the original unit was being created [Section 8 (1) and (2)]

24
 F. Easements

Section 2 defines an easement as a right attached to one particular piece of land which allows the
owner of that land either to use the land of another person in a particular manner or to restrict its
use by that other person to a particular extent but which does not allow him or her to take any
part of its natural produce or its soil and includes a right of way, a right to draw water, a right to
place erections such as sign posts, right to light, right to the support of buildings. Easements are
further provided for under Part III of the Act.

Section 15(1) provides that common property and each unit comprised in a registered
condominium plan shall have as appurtenant to it such rights of support, shelter, protection,
passage or provision of water, sewerage, gas, electricity, air, passage or provision of telephone,
radio and television services.

Section 16 provides for easements in favor of the unit owner and Section 17 provides for
easements against unit owner.

G. Corporation.

Each condominium shall have a corporation upon registration which shall inter-alia be
responsible for the management and keeping in good repair all common property. Section 20
provides that upon the registration of a condominium plan, there shall be constituted a
corporation under the name “The Owners, Condominium Plan No.” Subsection 3 provides that a
corporation shall consist of persons who own units in the parcel to which the condominium plan
relates. Section 21 provides for the functions of a corporation which include interalia, managing
the common property, keeping common property in a state of good repair, maintaining a fund for
administrative expenses, insuring and keeping buildings against fire and the enforcement of
byelaws.

H. Developer’s management agreement.

Section 2 defines this as a management agreement entered into by a corporation at a time when
the majority of units are owned by a developer. This agreement is terminated under Section 43 at
any time after the majority of the units are owned by persons other than the developer.
25
 I. Sale agreement.

Section 2 provides that this means an agreement with the developer by which a person purchases
a unit or proposed unit or acquires a right to purchase a unit or proposed unit. Under Section
40(3) such agreement can be rescinded by a purchaser within 10 days after the date of execution.

J. Legal effects

a. Change in ownership: From the definition of a condominium in Section 1, the

fact that condominiums constitute units means that the subject matter that was
being held as a whole shall be converted into individually owned units as
condominiums.

b. Closure of register of former title and creation of new titles: Section 4: Upon
application for registration of a condominium plan, the part of the Register
relating to the parcel described in the plan is closed and then a certificate of title
in respect of each unit is issued.

c. Common property [already discussed supra]

d. Restrictions in the enjoyment of the property: Section 9. An owner of a

condominium shall not change the use of the property without the unanimous
approval of the cooperation.

26
 LEARNING OUTCOME 2 PART II WORKSHOP 3: ABILITY TO COMPREHEND
AND INTERPRETE ENTRIS ON A CERTIFICATE OF TITLE TO CONDOMINIUM
PROPERTY.
ESSENTIAL FEATURES ON A CERTIFICATE OF TITLE RELATING TO
CONDOMINIUM PROPERTY

1. The Republic of Uganda

This is the title evidencing the territorial Jurisdiction where the land mentioned in the title is to
be found.

2. The governing law

Section 5(2) of the Condominium Property Act states that a title issued in respect of a unit
shall be deemed to be a title under the RTA

3. The description of the main land, i.e. The mother title

Section 4(1) of the Condominium Property Act states that the registrar shall close the part
relating to the parcel described in the plan and open a separate part for each unit described in the
plan. The subsequent titles must reflect the title from which they originated, e.g, Mailo Block
and Plot number.

4. Condominium plan number

Section 3(1) of the Condominium Property Act effects that a proprietor or developer of an
existing or planned building may divide the building into two or more units by registering with
the Registrar a condominium plan in accordance with the Act.
It is this plan that is used to open a separate part for each unit accordingly, and each title created
indicates the condominium plan from which it came.

Regulation 4(2) of the Condominium Property Regulations requires each plan to be registered
in accordance with Form 2 in the first schedule to the regulations.

5. The unit number

27
Every title is registered according to the unit created out of the condominium plan. It follows
therefore that each title issued must detail the unit number for its own identification. The name of
the condominium unit owner is also relevant to evidence ownership of this unit.

6. The unit factor

Section 7(1) states that The Registrar shall, upon opening a separate part of the Register for a
unit under Section 4, record in that part the unit factor, and shall record that unit factor on the
certificate of title issued in respect of the unit.

The owner’s shares in common property based on the unit factor assigned shall consequently be
included as well.

7. Any transactions or encumbrances on the condominium unit

Section 5(3) of the Condominium Property Act states that A proprietor of a unit in respect of
which part of the Register is opened under Section 4 may, subject to this Act, sell, transfer, lease,
charge, or otherwise deal with that unit in the same manner and form as provided for under the
Registration of Titles Act.

Section 6(2) therefore states any interest affecting a unit comprised in a condominium plan
registered under Section 4 but not endorsed on the separate part of the Register shall be endorsed
on the separate part of the Register of the unit opened under Section 4 and on the certificate of
title issued in respect of that unit.

Part C of the title is the encumbrance Section and all such encumbrances may be listed
hereunder, for example, a mortgage.

8. Any Transactions on the mother title

Section 6(1) requires that any interests affecting the parcel which were entered on the part of the
Register closed under Section 4 shall be endorsed on the separate parts opened under that Section
and on the certificates of title issued under that Section to the extent of the unit factor.

28
LEARNING OUTCOME 3 PART II WORKSHOP 3: ABILITY TO DRAFT A
TENANCY AGREEMENT IN RESPECT OF CONDOMINIUM PROPERTY.

THE REPUBLIC OF UGANDA

IN THE MATTER OF CONDOMINIUM PROPERTY ACT
RESIDENTIAL CONDOMINIUM PRIVATE MAILO AGREEMENT
THIS CONDOMINIUM TENANCY AGREEMENT (hereinafter referred to as “Agreement”)
is entered in to this ……………. day of ………20…. by and Between

………………………. of Block 96 Plot 185 at Bbuye, Wakiso District (Herein referred to as

“Landlord”) which expression shall include persons entitled for the time being to the reversion
immediately expectant on the terms hereby created.

AND
……………………………. (Herein referred to as the “Tenant” which expression shall include
persons entitled for the time being to the reversion immediately expectant on the terms hereby
created.

IN REGARDS TO THE PROPERTY: Private Mailo land known as Wakiso Block 96 Plot 185
at Bbuye, Wakiso District (Herein referred to as the “Condominium”).
The Landlord and Tenant do hereby agree to abide by the terms set out in this Agreement. The
terms of this Agreement are as follows:
1. THE CONDOMINIUM
In consideration of the rent payment to be paid by the Tenant and of the other covenants and
agreements herein contained, the Landlord rents the condominium. The Tenant shall use the
Condominium only for residential purposes.

The Tenant shall not use the condominium in any way that interferes with other tenant’s use and
enjoyment of the Condominium or neighboring property. Tenants shall not use the condominium
for any illegal or improper use parking available with the condominium but restricted to about
two spaces per Condo Unit.
2. PAYMENT SCHEDULE AND DETAILS
The Tenant agrees to pay UGX 2,500,000 as monthly rent for a period of 12 months.

Payment shall be made on or before; The first day of rental period and subsequently on the same
day of the month as the start of the rental period during the entire length of this Agreement.

29
Payments shall be made to the Landlord’s account on account number 1000045678917 in
Stanbic bank. The Tenant agrees to deliver a Security Deposit to the Landlord in the amount of
7,500,000 UGX (Hereinafter "Deposit").

The Deposit will be returned to the Tenant at the end of this Agreement, less deductions. The
parties acknowledge that the Landlord will be permitted to deduct from the Deposit any amounts
for reasonable cleaning and repair of damages to the Condominium at the end of this Agreement.

Ordinary wear and tear are excepted. The Deposit may not be used by either party for any
payment due under this Agreement.
3. LENGTH OF AGREEMENT

This Agreement is a 12-month lease beginning 1.03.2022 and will remain in effect until
31.12.2022 unless renewed or extended pursuant to the terms herein, with at least 30 days
advance notice and agreement of such extension.
4. AMENITIES
The Condominium includes use of the following amenities:
- A parking lot
- Beautiful flower garden,
- Common water point.
5. CONDOMINIUM ALTERATIONS

Tenant shall make no alterations, additions or improvements to the Condominium (including the
application of paints, stains, nails or screws to the woodwork, walls, floors or furnishings)
without first obtaining the express written consent of the Landlord.
6. QUIET ENJOYMENT

The Tenant shall be entitled to quiet enjoyment of the Condominium for the term of this
Agreement provided that the Tenant pays rent in a timely manner and performs all covenants and
obligations under this Agreement.
7. POSSESSION AND SURRENDER OF THE CONDOMINIUM

At the expiration of the Agreement Term, Tenant shall immediately surrender the Condominium
to the Landlord in the same condition as at the start of the Agreement, reasonable wear and tear
elements excepted. The Tenant shall return a complete set of keys to the Landlord and provide in
writing, the Tenant forwarding address. If any Tenant remains on the Condominium after the
expiration or termination of this Agreement without the Landlord written permission, the
Landlord may recover possession of the Condominium in the manner provided for by law.

30
8. TERMINATION

If a Tenant abandons the Condominium during the term of this Agreement, the Landlord may
enter the Condominium by any legal means, without being liable for such entering, and without
becoming liable to the Tenant for damages caused upon entering. Landlord may consider any
personal property belonging to the Tenant and left on the property to also have been abandoned,
in which case the Landlord may dispose of all such personal property in any manner the
Landlord deems proper without becoming liable to the Tenant for doing so.

The Landlord may at its option terminate the Agreement and re-let the Condominium, and may
receive and collect all rent payable by virtue of such re-letting. Had this Agreement continued in
force, the Landlord may hold the Tenant liable for any difference between the rent that would
have been payable under this Agreement during the balance of the unexpired term and the net
rent for such period realized by the Landlord by means of reletting.
9. BINDING EFFECT

Except as otherwise provided in this Agreement, all of the covenants, conditions, and provisions
of this Agreement shall apply to and bind the parties and the heirs, personal representatives,
successors, and assigns of the parties.
10. ASSIGNMENT, SUB-LET AND LICENSE

The Tenant shall not assign, sub-let or license any part of the Condominium. An assignment,
sub-letting or license without the prior written consent of the Landlord or an assignment or sub-
letting by operation of law shall be absolutely null and void and shall, at the Landlord option,
terminate this Agreement.
11. AMENDMENT OF AGREEMENT

Any amendment or modification of this Agreement or additional obligation assumed by either

party in connection with this Agreement will only be binding if evidenced in writing signed by
both parties.
12. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of the Republic of
Uganda.

The parties hereby indicate by their signatures below that they have read and agree with the
terms and conditions of this Agreement in its entirety.

Landlord: Signature: ___________________ Date: _______________________

Tenant: Signature: ___________________ Date: ___________________
31
Witness:
……………………………___________________ Date: ___________________
……………………………___________________ Date: ___________________

32
LEARNING OUTCOME 4 PART II WORKSHOP 3: MANAGEMENT OF
CONDOMINIUM PROPERTY

A. Establishment of the corporation

Section 20 provides for the establishment of a corporation to cater for management and
Section 21 provides for its functions which include, to manage the common property,
keep the common property in a state of good repair, establish and maintain a fund for the
corporation, for the control, management, and administration of the common property
and for the payment of any insurance premiums, rent and the discharge of any other
obligation of the corporation and many others as provided thereunder. Hence upon
registration and conversion of the property control and management of that property
moves to the corporation.

B. Key features of the corporation

Under section 20,

- Operate under the name of “The owners’ Condominium Plan No…. .”

- Consist of persons who own units in the parcel to which the plan relates;

- Has a perpetual succession and a common seal and can sue in its corporate name.

- Companies Act does not apply to it

C. Functions of the corporation [Section 21]

- enforcement of its bye-laws,

- keeping the common property in a state of good repair,

- establish and maintain a fund for the administrative expenses determined by the
corporation for purposes of maintaining the common property,

- payment of insurance premium, rent property rates, and or discharge of any further
obligation

- hear complaints from aggrieved members of the corporations;

33
- ensuring levies of contributions on the portions of unit entitlement,

- undertake necessary external improvements on the property,

- comply with directives of local authorities or planning board in respect of any building or
improvements on it, submit new plans in case of any alterations or to the Condominium
plan.

- to keep the property in a good state of serviceable repair and properly maintain the
immovable properties of the corporation and shall comply with the directives of the local
authorities on proposed repairs like KCCA directives on paving and painting.

- Under sections 30, 39 the corporation is empowered to make rules to provide for the
management of the units and the property of the corporation which rules may be amended
or revoked by a special resolution; the law envisages all those unit owners and their
defendants or licensees entertained on the Condominium property enter as guests or for
any reason of whichever description, are to be bound by the rules of the corporation.

D. Management Agent and Easements.

All Condominium corporations are under section 50(1)41 required on application by the
corporation or owner of a unit to appoint a managing agent. This Agent is under section
21 (5) a representative of the board who attends to the day-to-day management of issues
that may arise within the condominium property; these may include simple fixes like
plumbing works.

As regards Easements Part III of the Act, sections 15 to 19 are very elaborate on what
amounts to easements in Condominium properties as already highlighted. Under section
21 (4). A corporation may by a special resolution, acquire or dispose of an interest in
immovable property. Section 16 sets out easements in favor of a unit owner which are
deemed by law to accrue to the unit owner on registration of the Condominium plan.

34
LEARNING OUTCOME 1 PART 1 WORKSHOP 3: APPRECIATE THE POWERS AND
DUTIES OF THE REGISTRAR OF TITLES FOR FAILURE TO PERFORM HIS/HER
DUTIES.

POWERS AND DUTIES OF THE COMMISSIONER LAND REGISTRATION

The special powers of the Commissioner are provided for under Section 91 of the Land Act as
amended. It provides that Subject to the Registration of Titles Act, the commissioner shall,
without referring to a court or a District Land Tribunal, have power to take such steps are
necessary to give effect to this Act, whether by endorsement or alteration or cancellation of
certificates of title, the issue of fresh certificates of title or otherwise. (Refer to LUBOWA
MUHAMAD KITYO and 2 others Vs THE COMMISIONER LAND REGISTRATION
MISCELLANEOUS CAUSE NO. 227 OF 2020)

Section 170 RTA sets out the Powers and Duties of registrar

The registrar may exercise and shall perform the following powers and duties—

(a) to lodge a caveat on behalf of the Government or on behalf of any person who is under
disability of infancy, coverture, lunacy, unsoundness of mind or absence from Uganda, to
prohibit the transfer or dealing with any land belonging or supposed to belong to any such
person, and also to prohibit the dealing with any land in any case in which it appears that an error
has been made by misdescription of the land or otherwise in any registered certificate of title or
in any instrument, or for the prevention of any fraud or improper dealing;

(b) at his or her discretion, notwithstanding the nonpayment of any prescribed fees, to effect any
registration on behalf of or issue a certificate of title to an African of Uganda. Such unpaid fees
shall, until recovered, be a first charge in favour of the Government upon the land comprised in
the relevant certificate of title and that charge shall thereupon be entered in the folium of the
Register Book constituted by the certificate of title. Any such unpaid fees may be sued for and
recovered by the registrar or any officer of the Government or of the administration of a district
appointed by the registrar in that behalf in any court of competent jurisdiction or summarily as a
civil debt. Where the registrar appoints an officer of the administration of a district as aforesaid,
the amount due may be recovered by that officer in the name of the registrar in a court

35
constituted under the Magistrates Courts Act, notwithstanding any provisions to the contrary in
any other law; and

(c) where it appears to him or her that a caveator claims an interest in an unascertained portion of
land within the meaning of section 138(1) and that survey of that portion is not likely to be
delayed, to serve notice on the caveator requiring him or her to arrange for the survey of the
portion he or she claims; and if the caveator neglects or fails to have the survey of that portion
completed within a period of six months from the date of service of the notice or such further
period not exceeding three months as the registrar may in his or her discretion allow, his or her
caveat shall lapse on the expiration of that period or extended period, and the registrar shall
remove the caveat from the Register Book.

36
LEARNING OUTCOME 2 PART 2 OF WORKSHOP 3: APPRECIATE THE
PROCEDURE FOR CHALLENGING THE REGISTRAR OF TITLE FOR FAILURE TO
PERFORM HIS/DUTIES.

(The procedure was provided for in the case of Hon. Justice George Kanyeihamba C.L. R
& Richard Musinguzi H.C.M.C 79/2011)

Section 182 of the RTA provides that if on application of any owner or proprietor to have land
brought under the operation of the Act, or to have any dealing registered or recorded, or to have
any certificate of title or other document issued, or to have any act or duty done or performed by
the registrar which he/she is required to perform, the Registrar refuses to do so, or if the owner or
proprietor is dissatisfied with any decision of the Registrar the owner or proprietor may require
the Registrar to set forth in writing the grounds of his or her refusal.

The owner or proprietor may if he/she thinks fit, at his or her own cost, summon the Registrar to
appear before the High Court to substantiate and uphold those grounds.

Applications under section 182 of the RTA usually arise where the Registrar has, or has not,
exercised statutory powers conferred on him/her under the law on request by a land owner or
proprietor.

The Registration of Titles Act (RTA) and the Land Act notably spell out special powers
accorded to the Registrar.

Sections 73 of the RTA and 90 of the Land Act for instance empower the Registrar of Titles to
call in duplicate certificates of title for the purposes of, among other things, rectifying or
cancellation as the case requires.

Section 91(8) & (9) of the Land Act requires the Registrar, while exercising the said functions,
to give 21 days’ notice to the party likely to be affected by the decision, to provide such party
with an opportunity to be heard, to conduct the hearing within the rules of natural justice, to give
37
reasons for any decision, and to communicate the decision in writing to the parties and the
Committee. It would appear that the Registrar acts as a quasi-judicial body when exercising the
said functions.

Section 91(10) & (11) of the Land Act provides for a right of appeal by the party aggrieved by
the Registrar’s decision. The appeal is to the District Land Tribunal, and a transfer is not to be
effected until the determination of the appeal.

District Land Tribunals that were set up by the Land Act, as amended, have since ceased to
operate after expiry of their contracts. However, the Chief Justice issued Practice Directive No.
1 of 2006 which enables magistrates of the rank of grade 1 and above to exercise jurisdiction
over land matters until new chairpersons and members of District Land Tribunals are appointed
or otherwise. The High Court has also been handling matters where the Registrar’s decisions are
challenged by land owners or proprietors under section 182 of the RTA.

Section 200 of the RTA is permissive of the form an application may take. Under the said
section the forms may be modified or altered in expression to suit the circumstances of every
case, and any variation of the said forms in any respect not being a matter of substance shall not
affect their validity or regularity.

The kind of information required to be given in the forms set out by the RTA includes details
like nature of proposed amendment or rectification, declarations about how and by whom the
land has been occupied and used, names and addresses of persons occupying the land, supposed
cause of discrepancy, or a statement that the applicant is not able to assign any specific cause for
the discrepancy, among other particulars.

38