www.ugandaonlinelawlibrary.

com law teacher notes/LDC

PROBLEM 3 (MOOT)

LAND FACTS:

Paul Wanyama bought land from the late Latima Mpagi, who is the executor and
sole beneficiary of the late Paul Mpagi. Latina Mpagi effected the sale
agreement and transfer to Paul Wanyama on 10/6/02. However, before
obtaining registration of the transfer, Paul Wanyama travelled to London for 2
months, on return of which he was shocked to learn of the death of Latina Mpagi.
The names of Latina Mpagi a certificate of title had also been replaced by those
of Ruth Mpagi, who was unknown to him.

Presentation on the issue of

a) Transfer of land by Latina Mpagi.
According to s.134 of R.T.A upon receipt of an office copy of any will, the
Registrar on the executor’s application shall enter in the Register BK a memo
notifying such appointment as proprietor and the executor shall be deemed to be
the absolute proprietor for the purposes of any dealings in the land.

Sect. 92(1) RTA A proprietor of land may transfer such land.

In the facts, Latina Mpagi was the executor and the executor and the title
recognised him as such, showing he had completed the requirements of s.134
that’s to be registered as executor on the certificate. Latina thus had legal right
to transfer the land.

Sect. 270 Succession Act (old Law) further grants and executor powers to
dispose of the property of the deceased wholly or in part. As such Wanyama’s
acquisition of the land was valid.

On Fraud. (Ruth’s registration)

1
www.ugandaonlinelawlibrary.com law teacher notes/LDC

Matovu & 2 Ors v. Ssevir & Anor. [1979] HCB 174 it was held that a person
procures registration to defeat an unregistered interest of which he is proved to
have knowledge; then such person is guilty of fraud.

In the facts, the transfer b’tn Paul Wanyama and Latina had not yet been
registered, and Ruth had knowledge of the existence of this transfer from the
information given to her by the tenant on the land.

Hunt v. Luck [1902]1 Ch 28 William L.J. the purchaser had actual knowledge
that the rents from property were being paid to a 3 rd party by a tenant, in the
circumstances that would clearly show that the 3rd party had a right to the
property. The purchaser was deemed to have constructive notice to the rights of
the 3rd party.

John Katalikawe v. Katwiremes [1977] HCB 187 that fraud though not defined
in the RTA coves dishonest dealing in land as depriving a purchaser for value in
occupation of the land of his unregistered interest.

Ruth Mpagi’s actions were to deprive Paul Wanyama who bought the land from
Latina having his tenant in occupation of the land, b’se Paul Wanyama had not
yet registered his interest.

Sect. 64(1) RTA that fraud vitiates a registered title, even though ideally the
estate of the registered proprietor is paramount.

In the facts, though Ruth’s name is registered, her interest if any is vitiated by
fraud (if proved).

* The deceased’s estate was fully distributed. Sect. 272 Succession Act that an
execution has power to dispose of the property of the deceased either wholly or
in part.

2
www.ugandaonlinelawlibrary.com law teacher notes/LDC

Full distribution of the estate would be evidence by an account of the distribution

under section 280 S.A i.e an executor within 6 months from the grant of probate
to exhibit in court an inventory containing a full and time estimate of all the
property in possession and within one year to exhibit an account of the estate to
which has case to his hands.

* Bulasiyo Muwereza v. Christopher Mbusye [1977] HCB 183, Sekandi J.

Held that once land is allienated by gift, the beneficiary exercises all the rights of
an owner and the land can’t be taken away without any wrong doing on his part.

In the facts, Latina could transfer and sell the land as he had obtained under will.
 Lysaght v. Edwards (1875-76)2 Ch. D 499. Jessel M.R. that the moment
you have a valid contract for sale, the vendor becomes in equity a trustee for
the purchaser of the estate sold and the beneficial ownership passes to the
purchaser, the vendor having a right to the purchase money, a charge or lieu
on the estate for the security of that purchase money and a right to retain
possession of the estate until purchase money is paid.

- Jessel Mr. Defined a valid contract to mean a contract sufficient in form and
substance when there is no grand whatever for setting it aside as btn the
vendor and purchaser; binding on both parties.

* Ismail Jaffer Alibhai & Ors v Wandaial Hajram Karia & Anor. S.C.C.A.
53/95

Order J.S.C. held that on completion of a contract of sell of immovable property,

property passes to the purchaser and the vendor holds it as trustee for the
purchaser.

The legal title remains with the vendor until transfer is effected. The equitable
title which passes to the purchaser is considered to be superior to the vendor’s

3
www.ugandaonlinelawlibrary.com law teacher notes/LDC

legal title, which is extinguished on payment of the purchase price by the

purchaser.

Paul Wanyama obtained good title, equitable in nature, which according to sect.
92(2) RTA upon registration shall pass to Paul Wanyama.
The capacity in which Latina acted to sell the property.
S.179 S.A the executor of a deceased person is his legal representative for all
purposes and all the property of the deceased vests in him as such.
S.26 S.A the personal rep. holds all the ppty in an intestate estate in trust for
those persons entitled to the ppty.
The general principle therefore is that on death of the personal ref: a grant of
letters of administration, terminates, according to A.R Mellows “The law of
Succession 3 rd Ed. Butterworths, London 1977 at 376. That “upon the death of
administration, the letters of admin. lapse or terminate and all the rights he had
as an administrator came to an end.”

- P.V. Baker “Megarry & manual on the law of Real Property 4th Ed. Steven and
Sons Ltd last surviving administrator does without completing the
administrative of the estate, the application must be made for a grant of
administration “debouis non administratis” which is a grant in respect of the
goods left unadministered.

- In A.R. mellows (Supra) at Pg. 340-2 says that a grant of debouis administratis
is made where:
a) A previous grant of letters of admin. has been made to the deceased’s
estate
b) The sole or last surviving administrator has died, leaving no remaining
personal representative.
c) Without completing the admin. of the estate or part of the estate.

- S. 201 S.A that admin is granted to the person entitled to the greatest portion
of the estate under s.28 S.A – The customary heir 1%

4
www.ugandaonlinelawlibrary.com law teacher notes/LDC

- Wives 15%
- Dependant relatives 9%
- Lineal Descendants 75% of whole ppty.

A.R. mellows (supra) also set out the order of priority to grant of admin.
1. Surviving space
2. Children of the deceased
3. Father and mother of the deceased
4. Bros. & Sist. Of the whole and half blood
5. Grand parents
6. Uncles and Aunts

Walsh v. Lansdale (1882)2 Ch D.9

It was held that a registered proprietor sells land and fails to legally transfer title
to the new purchasers, the buyer aquires only equitable interests, legal interests
remain with the vendor.

Katalikawe v. Katwiremu [1977] HCB 187

That before the transfer of land, a buyer under a contract acquires only an
equitable interest in the land. A contract for sale of land is not perfected until an
effective transfer of title has been made.

Forum
- Sect. 98(7) (old land Act)
- Sect. 185 RTA (old)

LAND TRANSACTIONS
1/6/Dec.

Prob. No. 1

5
www.ugandaonlinelawlibrary.com law teacher notes/LDC

Brief Facts:

Legal Issues
1. Whether Joseph Nsubuga was properly registered as proprietor of land.
2. Whether Harriet Nansubuga acquired good title to the land
3. What remedies are available to Betty Nanyalo
4. What’s the appropriate forum, procedure and documents?

Law applicable:
- R.T.A. Cap. 230
- Cpa Cap. 71
- CPR S.1 65-3 as ammended by S.I 26/98
- The evidence Act Cao. 6
- The Judicature Act Cap. 13
- Case Law

Land Act Cap. 22

Resolution
- Sect. 176(C) R.T.A protects the registered proprietor of land against any
actions of ejectment except in cases of fraud.
- Sect. 77 RTA Any Certificate of title in the Register book procured or made by
fraud shall be void as against all parties or privies to such fraud.

In Zebiya Ndagire v. Leo Kasujja [1974] HCB 153 Allen J.

That the land transfer form or certificate contained a forgery of the signature of
the plaintiff as vendor and the transfer of the land to the defendant was obtained
by fraud. Consequently the purported transfer and any relevant entry in the
Register book was void against the Defendant.
- Sect. 64(1) RTA that estate of the registered proprietor is paramount save in
cases of fraud.

6
www.ugandaonlinelawlibrary.com law teacher notes/LDC

* In Katarikawe v. Katwireme [1977] HCB 187

Sekandi J. That fraud though not defined in RTA coves dishonest dealings in
land as depriving a purchaser for value in occupation of the land of his
unregistered interest.

* In Hannington Njuki v. Musisi Nyanzi H.C.C.S. No. 434/96 Ssebutinde J.

defined fraud as actual fraud, or some act of dishonestly, not what is called
constructive fraud. An unfortunate expression opt to mislead but often use for
want of a better term to denote transaction having consequences in equity similar
to those which flow from fraud.

In David Ssejaaka v. Rebecca Musoke C.A No. 12/98 that fraud must be
attributable either directly or by necessary implication to the transferee e.g the
transferee must be guilty of some fraudulent act by somebody else or by yourself
and taken advantage of it.

* Edward Musisi v. Grindlays Bank (U) Ltd. HCB 39. Masika C.J.
A person who becomes a registered proprietor through fraudulently act by
himself or to which he is a party or with full knowledge of the fraud so as to not to
be a bonafide purchaser of value “is the person registered as a proprietor of such
land through fraud” within the meaning of section 185 (17((b) of RTA.

* Robert Lusweswe v. Kasule & Anor. H.C.C.S No. 1010/83 Odoki J.

“Therefore while the cardinal rule of regn. Of titles under the Act is that the
Register is everything, the court can go behind the fact of registration in cases of
actual fraud on the part of the transferee.”

Issue II
Sect. 92(1) of RTA states that a registered proprietor can transfer his interest in
land upon consideration but where consideration does not consist of money, then
the consideration must be concisely stated.

7
www.ugandaonlinelawlibrary.com law teacher notes/LDC

Wormald v. Maritland (1866) 35 L.J. Ch. 69. That value must not be confused
with consideration. There are many forms of consideration that are not money
e.g. Natural love and affection. Thus marriage can also suffice as valuable
consideration.

- 136 – RTA that a person contracting or dealing or taking or proposing to take

a transfer from the proprietor of any registered land shall not except in cases
of fraud be affected by notice and knowledge of any unregistered interest
shall not be imputed as fraud.
- S.181 RTA protects bonafide purchaser of land for valuable consideration
who has derived title from a person who was fraudulent.

Andrea Lwanga v. Registrar of Titles . 1980 HCB 24 or Misc. cause No.7/77

that according to sect. 189 (current 181) of RTA, the title of a bonafide purchaser
for value could not be impeached since a person who was registered through
fraud could pass a good title to a bonafide purchaser for value, unless the
purchaser was not a bonafide purchaser or was privy or party to the fraud. This
was one of the paradoxes of registered conveyancing, that the regn. Obtained by
fraud was void and yet capable of becoming a good root of title to a bonafide
purchaser for value also in Gibbs v. Messer [1891] AC 248.

Daniel Sempa Mbabazi v. Kidza & Ors. [1985] HCB 46 Odoki J. A bonafide
purchaser of a legal estate for valate without notice has an absolute, unqualified
and answerable defence against the claims of any prior equitable owner. The
onus of proof lies on the person setting it up. It is a single plea and is not
sufficiently made out by proving purchase for value and leaving it to the plaintiff to
prove notice if he can.

* Hannington Njuki v. William Nyansi Musisi HCCS No. 434/98. That for a
person to rely on the principle of DFP for value without notice of fraud for
protection, he must prove to court that:

8
www.ugandaonlinelawlibrary.com law teacher notes/LDC

a) he holds the certificate of title issued under the RTA in respect of the same
property.
b) That he purchased the suit property in good faith and without any
knowledge of fraud on the part of the vendor
c) That the vendor from whom he derived title to the suit properly was
formerly registered as proprietor of the same. Thus, if the defendant has
proved the above on the balance of probability, the burden of proof shifts
to the plaintiff to strictly prove beyond a mere balance of probability, that
the def. Himself was guilty of same fraudulent act or had knowledge of the
fraud on the part of the vendor from whom he derived title.

Wilv v. Spooner [1911] 2 KB 493

1. That the salient features of the doctrine BFP for value, the purchaser must
act in good faith i.e he must be bonafide without deceit or fraud.
2. The purchaser must be without notice of the equitable claim at the time of
purchase.
3. Purchaser for value
4. Purchaser of a legal estate i.e the property must not be equitable.

Makerere University v. St. Mark Education Centre H.C.C.S. No. 378/ That the
person who gets registered fraudulently can pass good title if the person
purchasing it is not party to the fraud.

Issue III

Remedies
* Compensation
Sect. 178 R.T.A. that compensation can be paid to a person who has been
deprived of land as a result of fraud.

The original owner of land must be proceeding against the fraudster and not the
BFP.

9
www.ugandaonlinelawlibrary.com law teacher notes/LDC

* Concellation of title
Sect. 177 RTA that the High Court may order the Registrar to cancel any
certificate of title or instrument or any entry upon recovery of land.
* Damages from Registrar (Gov’t)
Sect. 185(1) RTA that the person who was not a party or privy to any fraud ie
registration of the title may seek damages from the gov’t for the acts of the
Registrar of Titles – bring an action against the gov’t
* for recovery of damages.
- Compensation from registrar
Sect. 186 (1) RTA
That the person who has sustained loss or damage may claim compensation
from the Registrar before instituting proceedings against the gov’t.

N.B.
- BPFV does not include the recipient of a gift. The value must be that which is
protected or known to the eyes of the law.

- The principle here would be that the transferor has lost nothing.

- However if the transferee receives a gift from a BPFV, he still has an absolute
interest when registered because a BPFU can pass title by giving away his
land as a gift.

U.P.T.C. v. KITUMBA & LUTAAYA SCCA 36/95 If a person purchases an

estate which he knows to be in the occupation of another then the vendor, he is
bound by all the equities which the parties in such occupation may have in the
land.

GIBBS v. MESSER [1891] AC 249

If you deal with a non-existence person, you take yourself out of the protection of
the law.

10
www.ugandaonlinelawlibrary.com law teacher notes/LDC

FORUM:
- Sect. 189 RTA – High Court

Documents:
Notice of intention to sue
Plaint
Summary of evidence

11
www.ugandaonlinelawlibrary.com law teacher notes/LDC

FOLLOW-UP LAND TRANSACTION

3 – 9 November

- Torren System
- Features of certificate of title
- Preliminary steps involved before buy/sells land
- Sect. 39 L.A restrictions to disposal of land i.e conditions
- 2
- consequences of failure to obtain consent
- remedies where consent is held

- A tenure systems in Uganda

- Capacity to hold tenure
- Restriction on non-citizens/cos
- Documents to peruse and why?
- Shareholding of the co.

- Contents of a memo of sale and why those terms must exist

- what is an instrument? (registrable)
- caveat - mutation form
- transfer
- mortgage

- How land is sub-divided down

- what instrument is applicable

- Deed plan – survey – mutation form

- Sub-division changes the plot Nos.
- Fees payable – Regn. Of titles (fees) Rules
- How land under RTA is succeeded to
How courts have interpreted the provisions?

12
www.ugandaonlinelawlibrary.com law teacher notes/LDC

- Equitable interest and its protection

- lodge a caveat
- Dev’t of land tenure system right 1900 upto now:-
- status of customary tenant be4 the coming into force of constn. the Land
Act.
- Read the position of Land Reform
- Decree & Public Land Act.
- Position of lawful and bonafide occupants both on registered and unregistered
land.
- How an occupany in registered land can be terminated.
- Lawful bonafide occupant dealt in Bamweyake v. Kampala District Board
and Mutala
- How certificate of title and certificate of occupancy are acquired by different
parties.
- Power of attorney – Bryant Powis v. Bryant i.e a power of attorney is strictly
interpreted.
- Study the certificate of title very well before advising the client.
- Pay attention to entries instrument
- Date, time and year.
- Application for grant of lease is done to Uganda Land Commission.
- only holds land vested in government.
- District Land Boards deal with Administration matters – land
- Land which is not owned by any person.
- Each title has a tenure
- Non citizen companies
- shareholding
- articles of Assn.
- Annual returns

The name of a co. is not relevant but a qtn. Of law – sect. 30 of Land Act.

13
www.ugandaonlinelawlibrary.com law teacher notes/LDC

OTHER METHODS OF SETTLING DISPUTES WEEK 5

27/1/Nov.

JUDICIAL CONDUCT

Mr. Gidudu – Registrar of High Court.

Dispute resolution – Normal procedures/methods are

- (Court action) found in CPR

Normal methods of dispute resolution

- Adoersarial method of court system
- filing of a plaint 0.7
- summons to file a defence to the defendant.

The CPR have been overhauled by English .

Judicial system and made new rules of procedure i.e 1991 and other countries
like Canada and Australia have effected changes in their CPR.
- They are removing technicalities and embarking an alternative dispute
resolution than the formal rigid ways (litigation)

1. The costs involved in litigation

- preliminary costs
- costs of the whole suit.

ADR can minimise the costs.

2. The Delay – technical procedure – evidence

- leads to enormous delays
- 126(2)(e) Art.

14
www.ugandaonlinelawlibrary.com law teacher notes/LDC

- S.I. No. 26 1998 a bridged certain gaps – entry of appearance

done way with and now file a defence. The preliminaries before
trial reduced.

3. Backlodg of cases – the def’s with to put strict proof of the allegation and
buying of time – adjournments.
- Time in a lot of time wasted.

Other methods:
- mediation
- concilation
- arbitration
- pre-trial conference
- negotiations
- advisory opinion

Mediation – neutral 3rd party (mediator) helps the disputing parties for the
resolution that
can work best for them.
- mediator must have no interest
- resolution must be the best for both parties
- facilitaties the parties to communicate with each other constructive.
- Courts have mediators (other jurisdiction qualified in different expertise.
- In Uganda, it’s compulsory in

1. Commercial courts – S.I No. 71/2003 i.e commercial court division (pilot
project) Rules
- Rule 7(1) every action must indicate that they have tried the mediation and no
party should opt out of the mediation.
- No appeal sh’d be entertained when there is an order for mediation.
- C.A.D.R. – rule 12

15
www.ugandaonlinelawlibrary.com law teacher notes/LDC

2. Land Act – sect. 90(89) appointment of a mediator to bring the disputing

parties together.

BENEFITS:
- Faster and saves time
- Saves money
- Accessible by all parties
- Informal, mental and completely confidential
- Chance to get the solution that fits your interests
- Prob-solving and improves communication btn both parties.
- There is also time framework to do it expeditiously.
- Identification of interests and issues.
- Mediator doesn’t indicate the best solution
- Select the durable solution.

Conciliation:
- A 3rd party creates communication b’tn two parties who are unwilling to
talk to each other.

To identify common ground and re-establish communication btn the parties.

- most coman in matrimonial disputes.
- It is also a process of international diplomacy
- Arbitration and conciliation Act No. 7 2000

Arbitration:
- it is a dispute resolution involving a mutually acceptable 3 rd party making a
decision on the merits of the case after the informal hearing wk usually
includes evidence and oral arguments.
- No technical rules of admissibility
- Act No. 7 2000 makes it mandatory to go for arbitration once there is a clause
in the agreements.

16
www.ugandaonlinelawlibrary.com law teacher notes/LDC

Pre-trial conference
- it is informal dialogue b’tn judge & counsel
- aimed at focussing with issued for trial, obtaining agreements for evidence,
refining cases to presented for trial and providing an assessment of the
dispute by the judge – s.I No.26/98 – talks about the pre-trial conference.
- The judge may show the strength and weakness of the case.
- If it goes for trial, then the judge will not hear the case – impartiality.

Negotiation:
Process of communication, direct or indirect, whereby the parties with opposing
interests discuss without resort to arbitration or other judicial process the dispute
b’tn them and finally resolve them.

Advisory opinion:
- Non-binding but objective assessment of the relative strength of the opposing
position and the probable out come of the case if it was to go for trial.
- It is rendered by a neutral 3 rd party.

17
www.ugandaonlinelawlibrary.com law teacher notes/LDC

LAND TRANSACTIONS WK 12
8TH – 13 DEC.
FOLLOWUP
- Be more conversant with the meaning of fraud
- Look at the cases which have defined fraud
- Whenever there’s fraud, there is an innocent party who loses out.
- The proprietor offer may or may not be innocent
- Fraud must be attributable to person whose interest is being registered. It’s
b’se the RTA provide the concept of Bona fide purchase for value.
- You must define what amounts to valuable considerations.
- Land transfer can be gift, inheritance or purchase (old sect.. 91(1) of RTA.
- Bonafide pur value without actual notice, his title can’t be impeached, what
happens to the previous registered proprietor (remedy) – sect. 178. RTA
compensation from the fraudster.
- You must determine the acts of dishonest by relating to the facts.
Assets Co’s case ie fraud means actual fraud

- Lusweswe v. Kasule H.C.C.S. No. 1010/83 An interpn. Of section 176(c) of

RTA – that once a person has purchased ppty in good faith can’t be
impeached on A/C of fraud of previous proprietor.

Is it the law title acquired by gift, that his title is impeachable – sect. 176(c) RTA,
interpret it carefully. It all depends on the facts of each case.

- A person who’s a transferee from a person registered proprietor and has not
supplied value or has a notice of fraud.
- Both conditions must be fulfilled i.e no valuable consideration and had notice
of fraud expressly or necessary implication.
- If you had no notice of fraud, and received land without consideration then
that’s fraud.
- Wilkes v. spooner’s case – what constitutes a BFP for value
- What is the standard of proof?

18
www.ugandaonlinelawlibrary.com law teacher notes/LDC

* It is higher and beyond balance of probability – Albhai v. Karia it is not beyond

reasonable doubt, something beyond were bal. of probability.

Effects of gift
Rugamba v. Bwambale HCCS 59/92
Byamugisha J.: It must be the purchaser to be protected where there is fraud.
- Any transaction which is intended to deprive of gov’t of revenue is an illgality
and amounts to fraud.

* Mubiru v. Byasiba [1985] HCB 103

What is an original certificate of title
- special “
- substituted “
- duplicate “
Lodgment of caveats on land
- Sect. 20 RTA when the land not been yet brought under the operation of the
Act.
- Sect. 139

Katende v. Musa [1975] HCB 241 and procedure of summoning the caveator to
show cause why his caveat sh’d not be lifted
i.e proceed by notice of motion – court – when the person does not intended to
go to court, can apply to Registrar to remove a caveat or lodge a dealing in land
that can’t be removed.
- Reg. gives a notice to cavetor that the caveat shall be removed after the
expiration of 60 days. Unless the caveator delays the removal – court order
(notice of motion) within 60 days.
File a suit seeking remedies to wk the caveat was lodged and interim apply to
court for an order delaying the removal of caveat i.e like – temporary injunction.

19
www.ugandaonlinelawlibrary.com law teacher notes/LDC

Mohamed v. Aidap 1972 EA 160 The application for extension of caveat is

treated like an injunction, prima facie case must be proved.

- The applicant must indemnify any party who would be affected by the delay in
removal of caveat – (undertaking)

Sect. 140 (2) and (3) of RTA What amounts to notice? Refer to case law
Can interest which is not unregistered affect registration, Katalikawe v.
Katweiremu in equitable interest
- Sect. 136 RTA except in cases of fraud, the person taking title from reg.
proper. Has no obligation to inquire and be affected by an notice, or unreq.
Interest or any rule of law.

There must be an act of dishonestly.

Types of vesting orders under RTA

- vesting order by possession (read it) and the conditions such Reg. can make
bell making such order
- read acquisition of title under land Act Cap. 227
- Application of s.188 RTA where the procedure is not in RTA then ordinary
rules of procedure must apply.
- Sect. 182 summoning of Reg. 6 days prior to the hearing.
- Application by notice of motion.
- Jurisdiction of land – Land Act.
- Land Tribunal Rules

* Where there’s a bal. Unpaid, you go to court for declaration to pay to court.

20
www.ugandaonlinelawlibrary.com law teacher notes/LDC

REPUBLIC OF UGANDA
REGISTRATION OF TITLES ACT

TRANSFER

I peter Okoth of P.O. Box 91 K’la, being the registered proprietor of land
comprised in mailo Register kyadondo block 244 Plot 12 Muyenga measuring
0.50 an Acre – consideration of Ug. shillings 450,000,000 paid to me by Charles
Amoti be4 the execution of this, presents whereof, I do hereby acknowledge, DO
HEREBY transfer the said land to Charles Muherenza to hold on to him for all my
interests and estate therein.

DATED this…..day of ………………….2004.

SIGNED by the said Phillip Okoth =======================Transfer

In presence of
1. …………………………………………..
2. ………………………………………….

SIGNED by the said Charles Muherenza =================== Transfer

In presence of
1. …………………………………….
2. ……………………………………

Drawn & Filed by;

Firm…….& Co. Advocates
P.O. Box 93
KAMPALA.

21
www.ugandaonlinelawlibrary.com law teacher notes/LDC

NB. Transfer of land must be witnessed by a person authorised to attest to

instruments.
- sect. 147 RTA
- put the office of witness

THE REPUBLIC OF UGANDA

THE LAND ACT, CAP. 227

THE LAND REGULATION
Reg. 63

CONSENT BY FAMILY MEMBERS/LAND COMMITTEE

Name Age Sex Marital status/nationality Address

Phillip Oloya 18 M Single, Uganda C/o Firm …Co.
Advocate,
P.O. Box 91, K’la

2. Location of land the subject of application.

a) village zone – muyenga
b) parish
c) sub-county
d) county/division – kyadondo
e) district - Kampala

3. Approximately area(La) 0.50 of an Acre

4. If land is registered states;

i) P.I. N
ii) FRV/LRV
iii) Folio
iv) Block 244

22
www.ugandaonlinelawlibrary.com law teacher notes/LDC

v) Plot No.21

5. Use on occupation of land (e.g farming, housing) - Housing

6. State the nature of the transaction i.e sale of land

a) I grant consent to the transaction

Phillip Oloya ………………………

DATE:28 October, 2002.

THE REPUBLIC OF UGANDA

THE REGISTATION OF TITLES ACT, CAP. 230
AGREEMENT OF SALE OF LAND

THIS AGREEMENT is made this ….day of…………………….2004 Between two

Ugandans of legal capacity, Phillip Okoth c/o Firm A Co. Advocates, P.O. Box
7117, Kla (herein after referred to as “Vendor” and which expression shall
include his successions in title and assignees) on the one part, AND AMOOTI of
P.O. Box 71, K’la (hereinafter referred to as “PURCHASER” and which
expression shall include his successions in title and assignees) as the other part.

WITNESSES AS FOLLOWS:

WHEREAS the VENDOR is the registered proprietor and is in possession of

mailo land comprised in Kyadondo, block 244, plot No. 17 situate at Muyenga, in
Kampala District with all developments thereon (hereinafter referred to as
“PROPERTY”)

23
www.ugandaonlinelawlibrary.com law teacher notes/LDC

AND WHEREAS the VENDOR is desious of selling of the said land to the
PURCHASER is also lady and willing to buy the land from the VENDOR subject
to the terms hereinafter agreed;

NOW THIS AGREEMENT witnesseth as follows:-

1. In consideration of a sum of 450,000,000/= (shilling four hundred and fifty

million) paid by the purchasers to the vendor receipt whereof the vendor
hereby acknowledges, the vendor agrees to sell and hereby sells the land to
the purchaser and the purchaser agrees to buy and hereby buys the land
from the vendor.
2. Immediately after the execution of these presents, the vendor shall let the
purchaser take possession of the land for his use and dev’t and shall
introduce the purchaser to the area Local Council as the new owners of the
land. It is hereby agreed that it shall be the duty of the vendor to ensure that
the land is vacant be4 any consideration is paid by the purchaser.
3. The vendor shall execute a transfer of the land in favour of the purchaser on
the execution of these presents but the purchaser shall bear all the duties and
levies required for registering the transfer.
4. The vendor warrants that he has sold the land free from any incumbrances
registered or unregistered and that the purchaser shall enjoy quiet possession
thereof without any interference from the vendor, his agents, creditors or
anybody claiming from the vendor and the title in the land shall vest in the
purchaser absolutely.
5. It is hereby agreed that if the purchaser shall fail to enjoy quiet possession of
the land owing to any act/omission or concealment on the part of the vendor,
then the consideration herein paid, shall immediately become due and
repayable to the purchaser with interest thereon at the rate of 30% per annum
calculated from the date of execution of this agreement.

24
www.ugandaonlinelawlibrary.com law teacher notes/LDC

6. The professional fees for preparing the conveyance shall be borne by the
purchaser in addition to the VAT for preparing the lawyer’s papers.

IN WITNESS whereof the parties have hereunto set their respective hands on the
date above mentioned.

SIGNED by the said ………………………………

Peter Oloya VENDOR

Signed by the said

CHARLES MUHEREZA ……………………………….
PURCHASER

All in the presence of

1. ………………………………
2. ………………………………

Drawn & Filed by;

Firm…….& Co. Advocates
P.O. Box 93
KAMPALA.

THE REPUBLIC OF UGANDA

THE REGISTRATION OF TITLES ACT (CAP 230)

(CAVEAT FORBIDDING LAND TO BE BROUGHT UNDER THE RTA)

The Registrar of Titles

25
www.ugandaonlinelawlibrary.com law teacher notes/LDC

KAMPALA

TAKE NOTICE That I …………….claim an equitable interest in the land

comprised in Kyandondo Block 244, plot No. 17 Muyenga in the advertisement
relating to the application of Charles Amooti of Box….K’la and I forbid the
bringing of such land under the operation of RTA. I appoint address of K’la as
the address to which all notices and proceedings relating hereto may be served.

DATED this ……of …………………2004.

Signed in the presence of

……………………………………
ADVOCATE

THE REPUBLIC OF UGANDA

IN THE MATTER OF RTA (CAP. 230)
AND IN THE MATTER OF LAND COMPRISED IN BLOCK 244
PLOT 17 MUYENGA

AFFIDAVIT

I……………….male adult Ugandan of soundmind do hereby make oath and state

as follows.

1. That on the 1st July 2004 this year I entered into a tenancy agreement with
my new landlord Peter Oloya to rent his house for 12 months at US $ 500
payable in advance in respect of his premises at the above location.
2. That on 28 th October, the said Phillip Okoth purported to sell, without my
knowledge the main house with the guest wing where I have been staying.
3. That as a result I stand to be thrown out without reasonable notice.

26
www.ugandaonlinelawlibrary.com law teacher notes/LDC

4. That I be given time upto July 2005 when I shall have got alternatives
conveniently.
5. That I swear this affidavit in support may caveat on Block 244 plot 17 in
Muyenga (Kyadondo).
6. That what I have stated above is true to the best of my knowledge and
belief.

SWORN by the said……………at Kampala this…day of October 2004.

…………………………
DEPONENT

……………………………………….
COMMISSIONER FOR OATH
Drawn & Filed by;
Firm…….& Co. Advocates
P.O. Box 93
KAMPALA.

27
www.ugandaonlinelawlibrary.com law teacher notes/LDC

Mohamed & Anor. v. Haidara [1972] EA 166

The resp. lodged against the title to the App.s land a caveat claiming a
purchaser’s interest under agreement. The resp. applied to the H.C. for an
extension of caveat merely setting out that there was an action for sp.
Performance. The High extended it and the App-appealed .

- That the application for the extension of a caveat sh’d be treated in the same
way as an application for an injunction (interlocutory) and that what an
application must show is a prima facie case with a probability of success.
- That an application for extension of a caveat is substantially in the same
position as a court faced with an application for an interlocutory injunction. .
the result would be the same if the application is granted i.e temporary
protection.

Lwanga Musoke v. Yakobo Mayanja S.C.C.A. No. 59/95

That it is now settled law that allegations a fraud must be pleaded and specifically
proved. The standard of proof is higher than on the balance of probabilities if
Kampala.

Bottlers Ltd v. Daminico Ltd. S.C.C.A. No. 22/92

That was no issues, pleading and testimonies of witnesses of subsection (4) of
sect. 210 A RTA (currently 202) are mandatory. They mean that the Registrar
must cause a copy of each notice to be filed with a memorandum that such a
notice was sent such a memo shall be sufficient proof that the notice was sent.

Rugambwa Gabriel & Anor v. Bitn Bwambale & Anor. H.C.C.S. No. 359/92

Byamugisha J.
That the word purchase means to buy and there has to be an exchange of
money. In the case of land, acquisition from a registered proprietor can be by
purchase, inheritance and by a gift. A person cannot acquire land as a gift or

28
www.ugandaonlinelawlibrary.com law teacher notes/LDC

through inheritance and seek protection under the section 91(1) (old) and was
intended to protect purchasers.

- that a person who becomes registered without supplying any consideration

cant enjoy better rights over and above those who have supplied
consideration through unregistered.

Charles Lwanga v. Xaverio Damulira S.C.C.A. No. 16/92

The landlord sold land to the app. paid in instalments and later sold it to another
(resp.) Landlord told the resp. that the app. was just a tenant who could be
evicted after purchase. Meanwhile, the app. paid the last instalment. The resp.
claimed to be a bonafide purchaser for value without notice.

Held S.C. that the respondent could not be said to be a bonafide purchaser when
he knew that the app. was in occupation.

That the occupation was notice to the resp. upon which he should have made the
necessary inquiries.

Katarikawe v. Katwireme & Anor. [1977] hCB 187

That for a party to be entitled to the equitable remedy of specific performance
there must be a sufficient act of part performance. That the act of part
performance must be concerned with possession and not payment of the
purchase price.

Isaya Katende v. Musa Kaliri & Anor. [1975] HCB 341; H.C.C.S. No. 647/74
That 0.34 rr.1, 2 and 3 do not provide for discharge of caveats. The application
should be by notice of motion under 0.48 r.1.

In RE Joseph Muluta [1994-95] HCB 94; H.C. Misc. App. No. 500/95
- Held Sect. 149 (current 140(3)) of RTA clearly provides that a caveat cannot
be reviewed by or on behalf of the same person of the same estate or

29
www.ugandaonlinelawlibrary.com law teacher notes/LDC

interest. However, under certain circumstances sect. 149(new 140) the court
may direct the Registrar to delay any dealings with the land for a period of
time, specified by court.
- These circumstances of giving an undertaking or security, or lodging a sum of
money considered to be sufficient by court to indemnify any person who may
be adversely affected by the court order, is a creation of statute, and court
may only act upon the application where these circumstances have been
complied.

David Aear & 3 Ors v. Alfred Aear – Aliro [1982] H.C.B. 60; H.C.C.A. No. 30
of 82
- That any person claiming any estate/interest in land which is being surveyed
with a view to being brought under the operation of the Reg. T.A must lodge a
caveat. The fact that the app. complained to the parish chief instead didn’t
absolve them from complying with the requirements of law bse ignorance of
the law is no defence.
- That since the app. did nothing as the land was being surveyed, the certificate
of title granted was conclusive evidence that the person named therein was
the proprietor

30
www.ugandaonlinelawlibrary.com law teacher notes/LDC

Nyansio Kigoonya
Kanyabula
Mawokota
Mpigi District

The Registrar of Titles

KAMPALA

Dear Sir,

RE: APPLICATION FOR REGISTRATION OF TITLE BY POSSESSION

I ………………………..apply to have the and hereafter described brought under

the operation of the registration of Titles Act.

I declare that the are no documents the land contains 60 acres or thereabouts
and is comprised on Kanyabulo, mawokota in Mpigi District.

That there are no documents on evidence of title affecting the land in my

possession or under my control.

Finally, that I am not aware of any encumbrance affecting that land or that any
other person has any estate or interest in the land in possession.

DATED this….day of ……………………..2004.

Yours faithfully,

Nyansio Kigoonya
THE APPLICANT

31
www.ugandaonlinelawlibrary.com law teacher notes/LDC

32
www.ugandaonlinelawlibrary.com law teacher notes/LDC

LAND TRANSACTION

Brief Facts PROB. 2

David Muhwezi is the registered proprietor of mailoland comprised in Buwekula

Block 244 Plot 6 situate at Kaweri village in Mubende District measuring 3
hectares. He wishes to sell 1 hectare of this land, to Stephen Ojok.
Unfortunately, his grass thatched house was set on fire and whereupon all the
property and the duplicate title deed of this land was burnt therein. He is seeking
legal advice – to get another title.

Legal issues:
- Whether David Muhwezi can get another title and if how? & Procedure
- Whether the registrar can cause another original certificate of title to be
issued & what is the procedure.
- What’s the forum & necessary documents

Law applicable:
- RTA Cap. 230
- Statutory
- Survey Act Cap. 232

Resolution:
- Sect. 70: - the Certificate must be lost, destroyed or obliterated
- Make a statutory declaration
- Setting out the circumstances under which it was destroyed & all the
incumbrances affecting the land.
- Register may issue the duplicate special.
- Sect. 38 RTA – Registrar issues only 2 copies i.e original or duplicate
certificate of title.
- Apply by ordinary letter supported by a statutory declaration

33
www.ugandaonlinelawlibrary.com law teacher notes/LDC

- It’s the person having knowledge under which the title got last, destroyed or
obliterated swear the stat. Declar.
- The advocate can also apply.

(Isssue II original title – issuance)

- Special title will take precedent over the lost which is fraud in read sect. 70 –
reasons are given
- Stamp duty and (regn. Fees)

Sect. 72 RTA Registrar can issue the original to be a substitute.

- Cause a copy of the obliterated to prepare another certificate
- Information from the records of the office and other available information
(photocopy of duplicate title)
- Makes entries as those which were on the original
- The memo is made after preparing the original to state that it is the substitute

Documents
- Ordinary letter and attach a copy of duplicate title deed.

Sect. 71 RTA
Applied to incident where the registered proprietor is not co-operative

Sect. 182 RTA – Notice of motion

- Summon the Registrar to show cause why he has failed to
register
- Appeal to District land tribunal
- Prerogative remedies like – mandamus

Part B.

Issues:

34
www.ugandaonlinelawlibrary.com law teacher notes/LDC

1. What are the obligations of Reg. where the caveat has been lodged
2. What steps would the Reg. take to remove the caveat
3. What are the necessary documents

Resolution
- Sect. 140(1) R.T.A
- upon receipt of a caveat
- The Registrar may or may not give notice of the lodgemet of a caveat to the
reg. prop or any applicant who wishes to deal with the land. Busubwa’s case.
- The registrar cant deal with the land where there is a caveat i.e
Edward Musisi v. Grindlays Bank (U)
Steps Sect. 140 – The registrar is caused by a person who wants to deal with the
land caveated –issues a notice to the caveator
- Notice that the person has applied to remove your caveat

When is the notice deemed to be received by caveator.

The caveat lodged must always have the address upon which the service must
be done.
- When do the 60 days begin running.
- The days start running once the notice has been posted. – Kazzora’s case
S.C.C.A. Read also sect. 202 R.T.A.
Read the interpretation Act – ordinary cause of dealing – in the
Sect. 34 the service is deemed to be received when the notice has been posted
during the ordinary course of dealing.
- In Kampala, service is when the notice was received
- Other areas – depending on the location of the area
- Issue on Naigaga being a legatee
- Read S.144???
- Sect. 140(2) RTA. The 60 days of notice does not apply.
- Sect. 141 RTA no entries where there’s a caveat

35
www.ugandaonlinelawlibrary.com law teacher notes/LDC

III If you’re an advocate

- Apply for extension of time
- Notice of motion
- First institute a suit
- Ourtline the claim

* Mohamed
- Sect. 188 RTA – use of CPR

36
www.ugandaonlinelawlibrary.com law teacher notes/LDC

LAND TRANSACTION wk. 5 27-1 Nov

Guest Speaker - Richard Nyombi

Land Registry – Practical aspects.

Land regn. Is based on torren system – it embraces – land registration
- issuance of land title
- No need to go beyond the title - search

What is the land office.

- two sections i.e mailo (1) offices
leasehold (2)

- Mailo office has branches offices in different areas in mailo registration at K’la.
- Leasehold office – leasehold registrar
- freehold register
- trustees incorporation register
- condominium register

Land office – there are inter-related offices

- department of land regn. Land board office
- valuation department – gov’t valuer/after surveying.

Certificate of title
There are features – be noticed

1) Reference * mailo system each title is described “s blocks and plots.

* Leasehold – volume and folio description. Each volume has
got 25 folios. Hence each folio is a title of its own.
* This kind of referencing is also done to freehold, condominium
- top right corner – reference indicated

37
www.ugandaonlinelawlibrary.com law teacher notes/LDC

2) Description of the land – location of the area, street, plot, county and size.
3) Proprietorship – establishes ownership – must be registered

REGISTRATION OF PROPRIETORSHIP
- Natural person - cos duly incorporated under the co. Act – Cooperative
society duty registered under the cooperative society’s Act – parastatal bodies
created by an act of parliament, gov’t agencies e.g local gov’t councils,
trustees under the Trustees Act.
- Trusts are not registered but its the trustees of such bodies e.g churches
- Gov’t (Uganda) ie. name of Uganda Land Commission to hold land on behalf
of Ug. gov’t.
- Foreign gov’t acquire land through their representatives (embassies)
- The diplomatic and consul Act.
- Two or more people are to be registered on the same piece of land i.e joint
owners – sect. 53 of RTA
- Specify the mode of ownership and the no of shares – if no specification then
joint tenancy/ownership is presumed
- Minors – can be registered and own land specify the period of minority i.e till
2004. * You need the order of court to deal with the minor’s land even if you
are the one who bought it.
* where a lease is concerned – it is a contract, you can’t involve minors. You
acquire the liase and transfer – to the minor - names

The issue of majority is not a certain

- The issue of citizenship
- Individual – Ugandan -
- Land Act – deals with citizenship
- Companies
* Shareholding of the co.

4. Must have lease agreement (only to leasehold)

38
www.ugandaonlinelawlibrary.com law teacher notes/LDC

- It is the instrument registered to give title and it (lease agreement) contains

the terms of the lease, period, ground rent payable, the does and don’ts.
- Mailo and freehold are unconditional grants:-
* the difference b’tn mailo and freehold lies in historical aspects ie mailo has its
roots from 1900 Agreement and given to Buganda while (public land) freehold
stems the crown land and all are held in perpetually.

5. The Deed plan

It is plan wlc represents the condestrial survey plans of the land with all the
measurements – approval by the commissioner of lands – becomes a legal
document showing the plan of the land. Bond together with the title.

6. Incumbrance page
It is a full page – can be caveat, mortgage, charge, lease, court order, warrant of
attachment.

* what are the features of a certificate of title.

Major biz in land office.

TYPES OF REGISTRABLE INSTRUMENTS.

What is an instrument in land transaction?
- Instrument can transfer ownership of land
- A document that confers a right in land e.g caveat etc.
- Lodgement of registrable instrument i.e allocating an instrument number
showing the time, date and number
- It is essence lies in priority to instrument.
- Land Act deals mainly with land Administration and not registration (RTA)
- Other instruments except a transfer must be lodged in a duplicate (at least)
- Registration of instrument is complete when a memoriant is signed (Reg. of
titles) S.48
- Sect. 51 – RTA not effectual until registered

39
www.ugandaonlinelawlibrary.com law teacher notes/LDC

Types
1. Caveats 05.148 - forbidding registration – only in respect of and already
registered – 3 copies of caveats
- Unless its caveat by a person equitable interest, every
affidavit
must be accompanied by an affidavit and disclose the
interest.

- Equitable mortgagee – it must be an interest in land

- Caveat does not expire, it only expires when a notice has been given by
registrar to caveator upon presentation of deed or dealing by the registered
proprietor – runs 60days.

A caveat lodged on behalf of a beneficiary does not expire even when notice is
issued.
It can only be removed voluntarily or through a settlement.

2. Sect. 22 of RTA – elapses after 30 days of lodgement and regn. Unless the
caveator proves to the registrar that he has instituted proceedings in court
and relating to land in qtn.
- To stop the land being brought under the operation of RTA relates mainly to
leaseholds. Also to mailo and freehold when there are subdivision and titles
are to be issued.
- Caveats issued by land registrator on behalf of the gov’t

3. Leases – are out of the former public land and also land controlled by land
commission can grant leases.
* - leases – mailo owner or any other person through free mkt forces.
* Mining leases – granted by ministry of water resources.

40
www.ugandaonlinelawlibrary.com law teacher notes/LDC

* Sub-leases * can acquire a certificate of title. It is registered as an

incumbrance however, he is entitled to a sub-lease agreement registered – it
is a legal interest in land.

4. Mortgages further charges – is a facilitate granted to a borrower to secure the

ppty (additional security is not part of the original loan) but are the same.

5. Instruments extending leases

- for purposes of planning and cutting out speculates in land. Leases are
granted out to short periods with an aim that if you don’t dev’t it, then serious
dev’t for takes it. If you have satisfied the conditions, extension of lease are
registered.

6. Transfers
- proprietary rights to another.
- Forced transfer under court order and the person will go ahead to sell
- Sect. 167 – transfer by way of resting order – receiving money and then
abscond-out the jurisdiction before signing the transfer.

7. Surrender of a loose ie. under a deed of surrender. Where the lessee is

nolonger interested in the lease. It must be signed by both the lessor and lessee.

8. Variation of lease:- It contains terms and conditions which may be charged by

circumstances e.g. valued of money.
- Preparation of a variation Deed – charge of ground rent – where it is charged
then – it is paper rent to signify a payment.

9. Certificate of purchase and re-possession.

They derive their existence from expropriated property Act * Bought such a
certificate.
Automatic extension when the land or ppty bought under the former expropriated
properties Act. Upon repossession, can extend the leas automatically (granted)

41
www.ugandaonlinelawlibrary.com law teacher notes/LDC

10. Vesting order – sect. 175

- Sale of land and payment done but there is no transfer has been effected.

11. Conciliation.

- Title can be wrongly issued may be by way of fraud. Through a memo of

cancellation lodgend by reg. of titles and giving notice why that title has been
cancelled.
- Emergency is also an instrument itself. Where there are two conflicting
interests in land acquired e.g getting a lease and then later buys the land.
(acquired of reversionary interest) the lease is cancelled.

12. Application for special certificates.

- Duplicate – owner – special sect. 77 (when lost)
- registered (original) – when lost, a substitute title – s.71
* process for special title
- Application – S. Instrument declaration of the loss by the person who had the
title
– payment of a fee
– registered proprietor to apply
– advertise in the Ug. gazette for 30 days.
– Substitute title – inform the Reg. of titles that the registry copy is missing
and reg. initiates investigations and issues one without any fee payable.

13. Sub-divisions.
- Apportioning the land into smaller pieces – mutation form is registered
operates only on mailo and freehold and not leasehold – for leasehold, the
consent of District land boards. Is required to control subdivision to ensure
physical planning of the area.

14. Probate/letters of administration.

42
www.ugandaonlinelawlibrary.com law teacher notes/LDC

- The application for probate when granted can be registered.

- Can an executor grant power of attorney to another person to administer the
estate?

Execution.
Sect. 122 of RTA. Every instrument must be properly attested ie. properly signed
and witnessed by competent witnesses.
- Advocates, licensed surveyors, civil servants, literate gombolola chiefs,
certified accountants, religious ministers – marriage celebrants, law clerk –
experience and certificate issued to him by reg. of title execution of
documents (outside Ug.)
Sect. 155 – notary publics

Mode of execution
- Signature
- Must be italics and not in print.
- Thumb print accompanied by a certificate of attestation.
Whenever there is adevergence from original signature – then certificate of
attestation.
- when a person dies before executing the instrument, you attach a death
certificate to application to dispense with the signature.
- Dated always.
- Cancellations should be avoided totally

Fees payable
* search fees – 10,000/=
- write an application to search – single one, description of the ppty.
* Registration fees – 10,000/= handling the document to expect the charge.
* Issuance of title – 20,000/=
* Issuance of special title – 15,000/= does not licence advertising in gazette
(75,000/=_
* Court orders (instrument registrable also) 20,000/=

43
www.ugandaonlinelawlibrary.com law teacher notes/LDC

* Certificate – 10,000 as search fees, then 2,000/= per folio (page)

Money for extra page – i.e mortgage only 2 pages and extra page is 2,000/= per
copy.
1st 2 pages pay 10,000/=
- Extra memoriam fees – 2,000/= an instruct registrable on two ppties, in the
memorial you indicate two ppties – 5,000/= extra memo.

Vesting orders: when approved, gov’t valuer states the value of ppty, once
stated 10% of the value is levied (risk involved) when there is a mistake, that
money goes to assurance fund.
- Perusal fees – 5,000/= any instrument deriving validity from another
instrument which requires the reg. to peruse it to validate the instrument e.g
transferring land in company’s name, produce art. Of assn., memor of assn.,
to prove citizenship of co. and mode of execution. I.e perusing.
- Preparation of any document by reg. of titles e.g Deed of variation –
preparation fees 10,000/= in addition to perusal or search.
Duty (stamp duty) payable on land is 1% of the value of the land as stated by
gov’t valuer except mortgages which attracts ½ % or 0.5% of the value.
* Based on financial statute (Act) to encourage pple to access credit.
- Document wlc attracts stamp duty – standard duty of 5,000/=
* instruments wlc are not of any commercial nature e.g regn. Of an executor not
subject to economic stamp duty but to nominal duty or where executor is
transfering in the names of beneficiary(ies) = 5000/= as nominal duty.

44