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Brief Facts

Habib Drani entered into an agreement of sale with Kassim Mwebe in respect of
land comprised in Bulemezi Block 22 Plot 70 situate at Kalule. The purchase
price was Ugs. 15,000,000/- which Drani paid immediately. No transfers were
signed in favour of Drani since the duplicate was misplaced. Mwebe died before
he could sign the transfers.

Issues
1. Whether Habib Drani acquired any interest in land upon payment of the
purchase price
2. What steps can be taken to protect his interest in land
3. How can Drani be registered as the owner of the land
4. Necessary documents and levies payable

Law applicable:
The Registration of Titles Act Cap. 230
The Land Act Cap. 227
The Limitation Act Cap. 80
The Civil Procedure Rules Statutory instrument No. 65 – 3 as ammended by S.1
No.26 of 1998
The Civil Procedure Act Cap 71
The Land Regulations S.I. No. 16 of 2001
Case law

Resolution:

Issue I
Section 54 of the Registration of Titles Act (RTA) provides that no instrument
can pass any interest until it is registered in the manner therein provided for
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under the RTA. In the case of Ndigejjerawa v. Kizito & Anor [1953]7 ULR 31 it
was held that no document or instrument however perfectly it fulfils the statutory
provisions or requirements is effectual to transfer any interest in land until it is
registered. This is the basis of the Torrens system that no interest can be
claimed inland when not registered.

Further still in the case of Katarikawe v. Katwiremu [1977] HCB 187 observed
that before the transfer of land, the buyer under a contract acquires only an
equitable interest and on land being transferred to him, he acquires an
indefeasible registered interest. In this instant case, Habib Drani acquired an
equitable interest in the land when he paid the purchase price.

ISSUE II
Section 139(1) of R.T.A. provides that a person claiming any interest in land
under the operation of the Act may lodge a caveat prohibiting the registration of
any person as transferee or any instrument affecting land. Thus in the case of
Nakabiri v. Masaka District Growers [1985] HCB 38, it was held that a person
who purchased an estate which he knows to be encumbered, is bound by all the
equities which parties in such cases may have had in the land.

In the instant case, Habib Drani can protect his interest by lodging a caveat on
this land such that every person who subsequently buys this land takes it subject
to Drani’s equitable interest.

The caveat must be accompanied by an affidavit and Drani will then proceed to
pay the stamp duty. After two days, he will collect the caveat embrossed and
affidavit and take it to the land registry in the mailo registry office in Kampala.

This will require Drani to pay 10,000/= as fees for lodgement of a caveat as
provided for under the Registration of Titles (Fees) (Amendment) Rules, under
the schedule, item 5.
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On the steps to be taken to couple the registrar to register Drani.

Issue III
Section 167 of R.T.A gives the registrar powers to make a vesting order in cases
of completed purchase. This particulars provision was interpreted in the case of
RE Ivan Mutaka [1980] HCB 27 where it was stated that an application for a
vesting order should be under the circumstances where there is a sale of
registered land under the Act, whole purchase price paid, purchaser had taken
possession, vendor has acquiesce to entry and taking possession, transfer
wasn’t executed and can’t be obtained because the vendor is deed or out of the
jurisdiction or cant be found.

In the instant case, Mwebe died after Drani had completed the purchase price
but before he could sign the transfer forms. Therefore, he can apply to the
registrar of titles for the vesting order to register his name as the registered
owner of the land.

Issue IV

Fees payable

- Search fees – 10,000/=

- write an application to search which includes the description of the property.
- Registration fees – 10,000/= handling the document to expect the charge.
- Issuance of title – 20,000/=
- Court orders (instrument registrable also) 20,000/=
- Certificate – 10,000 as search fees, then 2,000/= per folio (page)

Vesting orders

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- When approved, government valuer states the value of property, 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 registration
- Preparation of any document by registration of titles for example, 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
government valuer except mortgages which attracts ½ % or 0.5% of the
value.

Documents

Caveat
THE REPUBLIC OF UGANDA

THE REGISTRATION OF TITLES ACT (CAP. 230)

Mailo Register
Bulemezi Block 22 Plot
70
Land Situate At
Kalule

CAVEAT FORBIDDING THE REGISTRATION OF ANY CHANGE IN

PROPRIETORSHIP OR ANY DEALING INTO THE ESTATE OR INTEREST
(under section 139 of R.T.A.)

To: The Registrar of Titles

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TAKE NOTICE that I Habib Drani of c/o Firm A & Co. Advocates P.O. Box 7117
Kampala claim an equitable interest in the land comprised in the above block at
Kalule and I forbid registration of any person as transferee or proprietor of the
land in any instrument affecting the said land until after notice of such registration
is given to me at address herein after mentioned or unless such instrument be
expressed to be subject to any claim or unless I consent in writing thereto.

I appoint Firm …..& Co. Advocates of the above address as place at which
notices and proceedings relating to this caveat may be served.

DATED this 27th day of October, 2007 at Kampala

Signed by the said

Habib Drani …………………………..

CAVEATOR

In the presence of ………………………….

ADVOCATE

Drawn & Filed by;

Firm ……& Co. Advocates,
P.O. Box 7117,
KAMPALA.

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REPUBLIC OF UGANDA
IN THE MATTER OF REGISTRATION OF TITLES ACT (CAP 230)

AFFIDAVIT IN SUPPORT OF CAVEAT

(Under section 139 RTA)

I Habib Drani of c/o Firm A & Co. Advocates P.O. Box 7117, Kampala do hereby
make oath and state as hereunder.

1. That I am a male adult Ugandan of sound mind and the applicant in the
above matter
2. That Kassim Mwebe is the registered owner of land comprised in
Bulemezi Block 22 Plot 70 at Kalule.
3. That on 4th January 2006, I entered into an agreement of sale of the above
mentioned land at Ugandan shillings 15,000,000/= which I paid
immediately.
4. That Kassim Mwebe could not immediately sign the transfer forms as he
had misplaced the duplicate title.
5. That a month after the execution of agreement, Kassim Mwebe found the
duplicate title and sent it to me through his son and asked me to make
arrangements to sign the transfer forms.
6. That before I could sign the transfer forms, Kassim Mwebe died in an
accident.
7. That this affidavit is sworn in support of a caveat to forbid the registration
of any transaction in connection with the said land.
8. That what is stated herein above is true to the best of my knowledge and
belief.
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SWORN at Kampala, this 27th day of October, 2007.

Signed

Habib Drani ………………………………..

DEPONENT

Before me ……………………………….
COMMISSIONER FOR OATHS

Drawn & filed by;

Firm ….& Co. Advocates
P.O. Box 7117,
KAMPALA.

THE REPUBLIC OF UGANDA

IN THE MATTER OF THE REGISTRATION OF TITLES ACT CAP 230

Mailo Register
Bulemezi Block 22 Plot
70
Land Situate At
Kalule
NOTICE OF APPLICATION FOR VESTING ORDER
(under section 167 of RTA)
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TAKE NOTICE that an application in respect of the above mentioned land has
been lodged for a vesting order under section 167 of RTA Cap 230 at the
Registry of Titles at Kampala. If NO CAVEAT is lodged within 3 months from the
date hereof. The Registrar of Titles shall proceed to issue a certificate of titles.

DATED at Kampala this …..day of …………………… 2007.

…………………………………………..
REGISTRAR OF TITLES

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THE REPUBLIC OF UGANDA

IN THE MATTER OF THE REGISTRATION OF TITLES ACT CAP 230

Mailo Register
Bulemezi Block 22 Plot
70
Land Situate At
Kalule
NOTICE OF APPLICATION FOR VESTING ORDER
(under section 167 of RTA)

To: The registrar of titles

Ministry of Lands, Waters & Environment
P.O. Box 7117
KAMPALA.

Dear Sir,

RE: APPLICATION FOR A VESTING ORDER

(Under section 167 RTA)

I Habib Drani of c/o Firm ….& Co. Advocates P.O. Box 7117, Kampala, hereby
apply for a vesting order.

Vesting in me all that piece of land being land comprised in mailo register
Kyadondo Block 284 plot No. 361 at Kasanga and state as follows

1. That I am a male adult Ugandan of sound mind and the applicant in the
above matter
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2. That Kassim Mwebe is the registered owner of land comprised in

Bulemezi Block 22 Plot 70 at Kalule.
3. That on 4th January 2006, I entered into an agreement of sale of the above
mentioned land at Ugandan shillings 15,000,000/= which I paid
immediately.
4. That Kassim Mwebe could not immediately sign the transfer forms as he
had misplaced the duplicate title.
5. That a month after the execution of agreement, Kassim Mwebe found the
duplicate title and sent it to me through his son and asked me to make
arrangements to sign the transfer forms.
6. That before I could sign the transfer forms, Kassim Mwebe died in an
accidentThat there are no documents of title affecting this land in my
possession or under my control other than those in the registry of titles
office.

DATED this ….day of …………………2007

Signed

Habib Drani ………………………………

APPLICANT

In the presence of ………………………………..

ADVOCATE

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Drawn & filed by;

Firm … & Co. Advocates
P.O. Box 7117,
KAMPALA.

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Part B

Brief facts:
On 18th November 2006, Hon. Oken met a delegation of 20 farmers in Gulu
District where he discussed with them on how to implement a financing scheme
to improve vanilla farming. The 20 farmers are led by one Keziro Abwoch to my
chambers, seeking legal advise on how to implement and obtain a certificate of
customary ownership on their piece of land measuring about 1 square kilometre.

Legal issue

Whether the farmers can form an association in relation to the land and obtain
certificate of customary ownership.

Law applicable
The constitution of Uganda 1995
The land Act Cap. 227
The land Regulations S.1 No.16 of 2001.

Resolution

Article 237(3) of the Constitution provides that land in Uganda there shall be
owned in accordance with the land tenure systems of which is customary tenure.
Section 3(1) of Land Act also protects and recognised customary tenure system.

Section 15(1) of the Land Act provides that communal land associations may be
formed by any group of persons in accordance with the provisions of this Act for
any purpose connected with communal ownership. Section 16(1) of the land Act
stipulated that a group of persons who wish to form themselves into an

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association may apply to the District Registrar of Titles to become an

Association.

In this regard, the 20 farmers from Gulu District can form an association. It is
further stipulated under section 16(2) of the Act that the District Registrar of Titles
shall on receipt of an application convene a meeting of the group to determine
their intentions. Subsection 4(b) of section 16 of the Land Act provides that
where less than 60% elect to incorporate between 3 – 9 officers shall be elected
with one-third of them being women.

Section 17 of the land Act states that such Association must have a constitution.
Section 4 of the Land Act empowers inter alia the community holding land under
customary tenure to acquire a certificate of customary ownership in respect of
that land. And in Regulation 73 of the land Regulations gives the form of the
application to form an association as being that found in the 1st schedule of the
regulations title “Form 42”.

THE REPUBLIC OF UGANDA

IN THE MATTER OF LAND ACT CAP 227
AND
IN THE MATTER OF LAND REGULATIONS 2001

TO: District Registrar

Dear Sir,

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RE: APPLICATION TO FORM A COMMUNAL LAND ASSOCIATION

(Under Regulation 73 of Land Regulations)

We the owners of land located in Gulu District measuring 1 square kilometre wish
to form a communal land association and hereby apply to become a communal
land association.

The address of service in matters relating to this application shall be c/o Firm …
& Co. Advocates P.O. Box 7117, KAMPALA.

…………………………………………
KEZIRONI Abwoch

On behalf of the members of the group.

DATED this…..day of ………………………….2007 at Kampala.

Drawn & filed by;

Firm ……& Co. Advocates
P.O. Box 7117,
KAMPALA.

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