www.ugandaonlinelawlibrary.

com law teacher notes/LDC

LAW DEVELOPMENT CENTRE

LAND LAW

NOTES

1
www.ugandaonlinelawlibrary.com law teacher notes/LDC

Table of Contents
1.0 Salient Issues in the Registration of Land....................................................... 3
1.1 When can a certificate of title or entry therein be challenged successfully. .4
1.2 Concept of Notice and Bona fide Purchaser ................................ ................5
1.3 Compensation ................................................................ ..............................7
2.0 Salient Common Law Principles Governing Land Use and Ownership...........8
2.1 Co-Ownership ................................................................ ..............................8
2.2 Principles of Equity in Sale of Land................................ ..............................9
Halling Manzoor Vs Serwan Singh Baram, Supreme Court Civil Appeal No. 9 of
2001................................ ................................................................ ......................9
2.3 Withdrawal & Removal of a Caveat ........................................................... 10
2.4 Application for a Special Certificate of Title ................................................ 11
2.5 Surveying & Subdivision of Land ................................ ............................... 12
2.6 Rectification of Titles ................................ .................................................. 13
3.0 Documents................................................................ .................................... 16
3.1 Application to amend or rectify the register ................................................ 16
3.2 Application for a special certificate ............................................................. 18
3.3 Alternative Statutory Declaration for the Application for a special certificate
................................ ................................................................ ......................... 21
3.4 Supplementary Agreement to the Sale of Land ................................ .........23
3.5 Withdrawal of Caveat ................................................................ ................. 26
3.6 Transfer of Land................................................................ ......................... 27

2
www.ugandaonlinelawlibrary.com law teacher notes/LDC

1.0 Salient Issues in the Registration of Land

The Registration of Titles Act (Cap 205) is the Bible to be followed when
resolving disputes concerning registered land. When land has been alienated
and a certificate of title is issued in respect of it, then that land has been brought
under the operation of the Registration of Titles Act. Precisely, land governed by
the Registration of Titles Act (RTA) is Freehold, Leasehold and Mailo land. The
provisions of the RTA must be clearly understood and strictly interpreted and
applied during dispute resolution. Its importance in relation to other laws is found
in S.3 thereof which is reproduced here below.

“Except so far as is expressly enacted to the contrary, no Act or rule so far

as is inconsistent with this Act shall apply or be deemed to apply to land
whether freehold or leasehold which is under the operation of this Act.
This Act shall not be construed as limiting or abridging the provisions of
any law for the time being in force in Uganda relating specially to the
property of married women” (emphasis id mine).

The only law which is known to have ousted the provisions of the R.T.A. is the
Expropriated Properties Act, No. 9 of 1982. Before going into details of the
salient provisions of the RTA it may be necessary at this stage to explain the
system of registration of titles in Uganda. The system of registration of titles in
Uganda is Torrens System of Registration of titles which was imported from
Australia. The nature of this system is that land is first surveyed on the ground
and a deed plan made in respect of it. There is then a Central registry of titles
which issues a title in respect of the surveyed land. The title is issued in original
and duplicate. The original is the registry certificate and the duplicate is the
owner’s copy. A certificate of title has three salient features which are very
important:

(i) It spells out the description of land- the deed plan is bound in it.
(ii) It provides for particulars of the registered proprietor.

3
www.ugandaonlinelawlibrary.com law teacher notes/LDC

(iii) It has also got a page on which incumbrances are registered.

(point to be illustrated by copy of a certificate of title).

In all proceedings in which the legality or propriety of ownership of land which is

under the operation of the RTA is in dispute the first principle which is enunciated
in the provisions of sections 56, 60 and 184 of the RTA is that a certificate of title
is conclusive evidence of the particulars therein set and that the person named
therein as being the proprietor of the estate or interest therein described is seized
or possessed of such estate or interest. Indeed, save for certain exceptions,
which will be mentioned later in this paper, S. 184 clearly states that the
production of the certificate of title “shall be held in every court to be an absolute
bar and estoppel to any action against the person named therein as the grantee,
owner, proprietor or lessee of the land therein described, any rule of law or equity
to the contrary notwithstanding” Kampala Bottlers – vs – Damanico (U)Ltd
SCCA No. 22 of 1992 (Unreported)

1.1 When can a certificate of title or entry therein be challenged

successfully.

In the first instance under s. 56 of the RTA, a certificate of title cannot be

defeated owing to any informality or irregularity in the proceedings or application
leading to the issuances of the certificate of title. A certificate of title or entry in a
certificate of title can only be defeated or successfully challenged on ground of
actual fraud. In all instances the fraud must be attributable to the transferee
whose registration is sought to be challenged. Fraud had been defined to mean
dishonest dealings in land. Fraud which affects registration is actual and not
constructive fraud. (Discussed in previous notes)

4
www.ugandaonlinelawlibrary.com law teacher notes/LDC

Narsensio Begumisa, B. Ntimba, D. Komunda & E. Kamondo Vs Eric

Tibebaga Supreme Court Civil Appeal No. 17 Of 2002

Held that
It is trite that a certificate of title issued under Section 56 of the Registration of
Titles Act Cap 215 (now Section 59 of Registration of Titles Act Cap 230) is
conclusive evidence that the person named in the certificate as proprietor is
possessed of the estate in the land described in the certificate. Such certificate of
title can only be impeached for fraud. It follows that the inviolability of a certificate
of title is circumscribed in as much as it is confined to the particulars in the
certificate. The Court therefore, cannot receive the certificate as evidence of
particulars which are not set forth in it. For that reason and particularly in view of
the defense, the respondent also had to show that the particulars in the title
relate to the suit land on the ground. He fell far short of doing that.

1.2 Concept of Notice and Bona fide Purchaser

A title of a bona fide purchaser is indefeasible on account of fraud attributable to
a person through whom the bona fide purchaser was registered. See S. 189 of
the R.T.A. Such a purchaser must have got registered as proprietor of such land
in good faith without notice of fraud. What then amounts to notice of fraud?
There seems to be a discrepancy between some decided cases and the R.T.A.
According to the R.T.A notice should be notice of a registered interest. I wish to
reproduce S. 145 of the R.T.A . verbatim for the digestion of the participants:

“Except in the case of fraud no person contracting or dealing with or taking

or proposing to take a transfer from the proprietor of any registered land,
lease or mortgage shall be required or in any manner concerned to inquire
ascertain the circumstances in or the consideration for which such
proprietor of any previous proprietor thereof was registered, or to see to
the application of any purchase or consideration money, or shall be
affected by notice actual or constructive of any trust or unregistered
interest, any rule of law or equity to the contrary notwithstanding, and

5
www.ugandaonlinelawlibrary.com law teacher notes/LDC

knowledge that any such trust or unregistered interest is in existence shall

not of itself be imputed as fraud”. (emphasis mine)

Meanwhile, there are various court decision which have held that a prospective
purchaser is duty bound to make ground inquiries before he can be called a
bonafide purchaser. In the case of Uganda Posts and Telecommunications –
vs- Abraham Kitumba Peter and another S.C.C.A. no. 36 of 1995
(Unreported) the Supreme Court of Uganda, after citing various English
Authorities came up with this principle.

“the law is very clear that if a person purchases an estate which he knows
to in the occupation of another than the vendor, he is bound by all the
equities which the parties in such occupation may have in the land”.

In the case of Katarikawe–vs-Katwiremu [1977] HCB 187 it was held, inter alia,
as follows:-

“If a purchaser, despite knowledge, of the occupation of the land under a

contract of sale, proceeds with a transfer of the title in his name in order to
defraud the occupier this would be evidence of fraud”.

These decisions with respect, appear to be inconsistent with the RTA S. 51 of

the R.T.A is to the effect that an instrument is not effectual unless it is registered.
Then S. 148 is to the effect that whoever claims any interest of whatever nature
in land under the operation of the R.T.A may lodge a caveat for purposes of
notifying any body who intends to deal in the land. Meanwhile S. 210 allows
searches to be carried out in the Register Book on payment of the prescribed
fee.

6
www.ugandaonlinelawlibrary.com law teacher notes/LDC

1.3 Compensation
Under S. 186 of the R.T.A a person deprived of land through fraud but who
cannot impeach the registered proprietor’s title may bring eing an action for
damages against the perpetrator of the fraud. Under S. 191 RTA a person who
sustains loss of land through a mistake or omission of the Registrar of Titles may
bring an action against Government for damages.

7
www.ugandaonlinelawlibrary.com law teacher notes/LDC

2.0 Salient Common Law Principles Governing Land Use and Ownership
A contract of sale of land cannot be enforced by way of specific performance and
no such remedy will be granted by a court of law unless the contract is in writing.
Such a remedy can only be granted on an oral contract if there is a sufficient act
of part performance. The act of part performance does not fall short of taking
actual possession of the land. Mere payment of the contract sum without taking
possession does not amount to part performance. See Katarikawe vs
Katwiremu [1977] HCB 187

An equitable interest in land is as good as a legal one but not quite. Equitable
interest only create rights in personam, it, interparties and only enforceable as
such on contract. Legal interests create rights in rem i.e against the whole world.

2.1 Co-Ownership
Two or more persons can own land. Co-Ownership of land is of two fold,
tenancy in common and joint tenancy. A tenancy in common is created when
land is conveyed to two or more persons with words of severance, ie, that each
should own a distinct share in the land. The shares could be divided or individed.
A legal representative of a person owning land under a tenancy in common is
entitled to succeed to his share. A joint tenancy is created when land is
conveyed to two or more persons without words of severance.

The two salient features of a joint tenancy are:-

(a) the four unities of possession, interest, time and title

(b) the principle of survivorship – when one of the joint owner dies the
land survives on the remaining one. One cannot therefore be said
to die testate or intestate in respect of land jointly owned.

8
www.ugandaonlinelawlibrary.com law teacher notes/LDC

However, when land is acquired by two or more persons for a commercial

undertaking or venture, the presumption is that there is a tenancy in common.

A licence for purposes of land dealings is a permission granted by a landowner to

a person to use his land without which the act of such person would amount to
trespass. Licences have no interest in land. Examples of licences are
newspaper vendors, shoe shiners lodgers in a hotel, theatre goers. A licence
can be revoked anytime.

2.2 Principles of Equity in Sale of Land

Halling Manzoor Vs Serwan Singh Baram, Supreme Court Civil Appeal No.
9 of 2001

It is trite that a promise can amount to valuable consideration in law. In the case
instant the agreement which was entered into by the parties was an agreement
for sale subject to an in-built contingent condition precedent. The consideration
provided by the appellant, was the contingent promise that is to say the
repossession of the two plots. It follows that, upon the occurrence of the
contingent event, if not before, the agreement became a fully binding and
enforceable contract in law. Therefore, the Courts below erred in holding that, the
repossession of the suit property, and the Minister's consent to its transfer, had
no effect.

Specific performance is an equitable remedy which is decreed at the discretion of

the Court. Specific performance will not be decreed where a common law
remedy, such as damages, would be adequate to put the plaintiff in the position
he would have been but for the breach. The Courts have for long considered
damages inadequate remedy for breach of a contract for the sale of land, and
they more readily decree specific performance to enforce the contract. The
appellant was therefore entitled to specific performance because the contract

9
www.ugandaonlinelawlibrary.com law teacher notes/LDC

was partly performed. The appellant as purchaser, performed his principle

obligation of paying the purchase price, and a supplementary obligation of
processing the repossession of the suit property successfully and there acquired
the equitable interest therein. What remained for the contract to be completed
was for the respondent, as vender, to perform the principle obligation he
undertook to, which is to convey the legal estate, so that the appellant acquires
the ownership of the plots.

Equity recognises an interest of expectancy but in order to activate that interest,

there must be a positive step taken to bring the former owner to the position of
expecting repossession of the property. That step is taken when the former
owner makes an application, under Section 3 of the Expropriated Properties Act,
for repossession. In the instant case that stage was attained and the equitable
interest was acquired, subsequent to the execution of the agreement. The
subject matter of the contract was not assignment of an equitable interest in the
suit property, but rather acquisition, albeit in future, of the two plots by transfer of
the legal estate therein.

The principles of equity cannot be invoked to override written law or even

common law which is clear and exhaustive because equity follows the law. It is
inaccurate therefore to say, as the learned Justices of Appeal stated, that the
written law is exhaustive. Equity is applicable to the scenario, such as is in the
instant case.

2.3 Withdrawal & Removal of a Caveat

Under section 139(3), of the RTA, a person may withdraw a caveat. A copy of
the letter withdrawing a caveat is attached. Under Section 145 of the RTA
provides for the removal of a caveat. When a caveat has been withdrawn, or has
lapsed, or has otherwise ceased to affect the lands or any interest in the lands in

10
www.ugandaonlinelawlibrary.com law teacher notes/LDC

respect of which it was originally lodged, the registrar shall cause the caveat to
be removed from the Register Book and shall enter in the margin of the original
entry of the caveat the date of that removal.

2.4 Application for a Special Certificate of Title

Under section 69 RTA, the registrar has powers to dispense with production of
the following;
(a) Duplicate certificate of title;
(b) Original or copy of any instrument or other document;
(c) Signature, advertisement or notice; or
(d) Information
required to be produced, given or made under the RTA.

Section 70 RTA provides that if the duplicate certificate of title is lost or

destroyed or becomes so obliterated as to be useless, the persons having
knowledge of the circumstances may make a statutory declaration stating the
facts and the particulars of all incumbrances affecting the land or the title to the
land to the best of the deponents’ knowledge, information and belief.

If the registrar if satisfied as to the truth of the statutory declaration and the bona
fides of the transaction may issue to the proprietor a special certificate of title to
the land. The special certificate is an exact copy of the certificate of title in the
Register Book and of every memorandum and endorsement on it, and states why
the special certificate is issued.

However, before the registrar issues the special certificate, he gives give at the
applicant’s expense at least one month’s notice in the Gazette of his or her
intention to do so.

11
www.ugandaonlinelawlibrary.com law teacher notes/LDC

Section 71 RTA provides for the issuance of a special certificate by court. Where
any court calls upon the registrar to issue a special certificate of title, the registrar
will issue the special certificate.

However, before the registrar issues the special certificate, he gives notice in the
gazette of his or her intention to do so, whereupon any person who wishes to
oppose the issue of the certificate may, within one month of the date of the
notice, make an application to the court in that behalf.

Section 72 of the RTA provides for instances when the original certificate (in the
custody of the registrar) is lost or destroyed or so obliterated as to become
illegible. In this case, the, the registrar may cause a copy of it to be prepared and
to be endorsed with all such entries as were upon the original so far as they can
be ascertained from the records of the office and other available information and
shall make and sign a memorandum upon the copy stating that it is a substitute
to be used in place of the original.

2.5 Surveying & Subdivision of Land

Part nine of the RTA deals with the surveying of land. Section 149 of the RTA,
provides that on any application made or on any proposed subdivision of land,
the registrar may require such surveys and plans to be made and lodged.

Under section 150 RTA, all surveys should be made in accordance with the
requirements of the commissioner of lands and surveys, and no plans can be
accepted by the registrar unless they have been authenticated by the signature
of the commissioner of lands and surveys or someone authorised by him or her
in writing.

12
www.ugandaonlinelawlibrary.com law teacher notes/LDC

However, under 151 RTA, the registrar can disregard minor errors regarding
differences in the dimensions of boundaries or any encroachment, excess or
deficit.

Under section 152 RTA, any proprietor subdividing any land for the purpose of
selling the land in allotments should deposit with the registrar a plan of that land if
so required.

Under section 153 RTA, after the subdivision of the land and the deposit of the
plan, the numbers of the allotments marked upon the plan, together with a
reference to the plan, may be used as sufficient description of the land

- 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.

2.6 Rectification of Titles

Part ten of the RTA provides for the rectification of titles.

Section 156 RTA provides that a proprietor may apply to have his or her
certificate of title amended in any case in which the boundaries, area or position
of the land described in it differ from the boundaries, area or position of the land
actually and bona fide occupied by him or her and purporting to be so occupied
under the title in respect of which the certificate of title was issued.

A person may also apply in case the description in the certificate of title is
erroneous or imperfect on the face of it.

13
www.ugandaonlinelawlibrary.com law teacher notes/LDC

Section 157 RTA, a proprietor can also apply for the rectification of the original
and duplicate certificate of title of any other proprietor or proprietors, in any case
in which the land described in the applicant’s certificate of title comprises land
which by reason of any error in a survey or other misdescription is included in the
land described in any other certificate or certificates of title.

The form of application in both instances is provided under section 158 of the
RTA. It is by the form set out in the in the Nineteenth Schedule to the RTA.

Under section 159 of the RTA, the registrar should at the expense of the
applicant publish notice of the application once at least in the Gazette.

The registrar should cause notice of the application to be served on any person
he or she thinks fit. The application should also be posted in a conspicuous place
outside the office of the district commissioner in whose area the land is situate.

The registrar should also appoint a time not less than fourteen days from the first
publication of the notice on or after the expiration of which the application may be
granted unless a caveat is lodged forbidding the granting of the application.

Under section 160 of the RTA, in cases where the granting of an application
would affect land comprised in any other certificate of title, the registrar should ,
cause notice of the application to be served upon all persons appearing by the
register to be the owners of an estate of the land which would be affected.

The notice should be accompanied by a plan showing accurately the extent to

which the certificate of title thereof would be affected if the application was
granted. In addition, a copy of that notice and plan should be kept open for
inspection at the office of titles until the application has been finally dealt with.

14
www.ugandaonlinelawlibrary.com law teacher notes/LDC

Section 161 of the RTA provides that persons objecting to the application being
granted may lodge an ordinary caveat against bringing land under the operation
of the RTA.

Section 162 RTA empowers the registrar to grant the application even if other
certificates are affected unless the title to the land so affected has been
determined in a contested proceeding or in any court of competent jurisdiction in
which the right to the possession of that land was in question. Consequently,
section 163 of the RTA allows the registrar to rectify the title together with the
affected titles.

15
www.ugandaonlinelawlibrary.com law teacher notes/LDC

3.0 Documents

3.1 Application to amend or rectify the register

THE REPUBLIC OF UGANDA

IN THE MATTER OF THE REGISTRATION OF TITLES ACT, CAP 230
IN THE MATTER OF SECTION 158 OF THE REGISTRATION OF TITLES ACT
IN THE MATTER OF THE APPLICATION TO AMEND CERTIFICATE AND
RECTIFY REGISTER

To the Registrar of Titles.

I, Henry Tumukunde, apply to have the FRV 378 FOLIO 8 AMBERLEY ROAD,
JINJA amended in the following particulars—

1. The description of the land be amended to read

FRV 378 FOLIO 8 PLOT 22B AMBERLEY ROAD, JINJA.

On the ground that that the Plot Number was omitted and I declare—

1. That the land which would be described by the FRV 378 FOLIO 8 AMBERLEY
ROAD, JINJA. when amended in accordance with this application is now in my
occupation, and has been actually and bona fide occupied by me or persons
holding under me since 2000.

2. That the nature of that occupation was as by tenants.

3. That the names and addresses so far as known to me of the occupants of all
lands contiguous to the land so occupied by me are as follows

16
www.ugandaonlinelawlibrary.com law teacher notes/LDC

(a) John of Plot 21 Amberley Road, Jinja

(b) Paul of Plot 22A Amberley Road, Jinja.

4. That the names and addresses so far as known to me of the owners of all
lands contiguous to the land so occupied by me are as follows—
(a) John of Plot 21 Amberley Road, Jinja
(b) Paul of Plot 22A Amberley Road, Jinja.

5. That to the best of my knowledge and belief the reasons why the description of
the land in the certificate does not accord with the description of the land so
occupied by me are the following—

(a) The registrar made a clerical error in entering the particulars of land on the
duplicate title and original title.

Dated this 30th of November 2007.

Made and subscribed at Law Development Centre in the Presence of John Paul,
Advocate.

17
www.ugandaonlinelawlibrary.com law teacher notes/LDC

3.2 Application for a special certificate

DATE:16th December 2005

The Registrar of Titles

Kampala

APPLICATION FOR A SPECIAL CERTIFICATE OF TITLE FOR FRV 378 FOLIO

8 PLOT 22B AMBERLEY ROAD, JINJA.

TAKE NOTICE that Uganda Electricity Board, pursuant to Section 70 (formerly

67) of the Registration of Titles Act applies for special certificate of title to be
issued in lieu of the lost grant.

Attached find a statutory declaration to support this application.

Dated this ____________ day of ____________________ 2005

MUHANGI NOEL
BOARD SECRETARY
THE REPUBLIC OF UGANDA

18
www.ugandaonlinelawlibrary.com law teacher notes/LDC

IN THE MATTER OF THE REGISTRATION OF TITLES ACT CAP 230

AND

IN THE MATTER OF AN APPLICATION FOR SPECIAL CERTIFICATES OF

TITLE

STATUTORY DECLARATION

I MUHANGI NOEL of Uganda Electricity Board, P.O. Box 7059 Kampala do

hereby swear and declare as follows:-

1. That I am the Board Secretary of Uganda Electricity Board and duly

authorised to make this statutory declaration.
2. That Uganda Electricity Board is the proprietor of the land comprised in
FRV 378 Folio 8 Plot 22B Amberley Road, Jinja. A photocopy of the
said title deed is attached hereto.
3. That I am the custodian of the said proprietor’s records and archives
including all the Title Deeds.
4. That the duplicate Certificate of Title of the land specified was always kept
in the said proprietor’s archives at Amber House, Kampala.
5. That I have searched for the said duplicate certificate of title in vain and
now I believe that the same is irretrievably lost.
6. That the said title has never been pledged to any person or institution.
7. That this Statutory Declaration is made in support of an Application for a
Special Certificate of Title as specified above.
8. That whatever is stated herein is true to the best of my knowledge and
belief.

SWORN at Kampala by the said )

19
www.ugandaonlinelawlibrary.com law teacher notes/LDC

MUHANGI NOEL )

This ______ day of __________ 2005 ) BEFORE ME:-

-------------------------------------------
A COMMISSIONER FOR OATHS

Drawn by:-
The Board Secretary’s Office
Uganda Electricity Board

20
www.ugandaonlinelawlibrary.com law teacher notes/LDC

3.3 Alternative Statutory Declaration for the Application for a special

certificate

THE REPUBLIC OF UGANDA

IN THE MATTER OF THE REGISTRATION OF TITLES ACT CAP 205

AND

In the Matter of Kyadondo Block Plot No. Land at Buye

AND

IN THE MATTER OF AN APPLICATION FOR A SPECIAL CERTIFICATE OF

TITLE

STATUTORY DECLARATION

I MESUSERA RWABUTOMIZE of C/o Kateera & Kagumire, Advocates, P.O.

Box 7026, Kampala do state and declare as follows:-
1. That I am the registered proprietor of the land comprised in Igara Block 4
Plot No.2 situate at Kibare, Kitsibo Igara, Bushenyi District.
2. That I was issued with a duplicate Certificate of Title in respect of the
above land on 29th July, 1974.
3. That the said duplicate Certificate of Title has since then and at all
material times been in my possession and custody at my residence in
Kibare, Kitsibo Igara Bushenyi District.
4. That I have conducted a thorough and diligent search in my house where
the said duplicate Certificate of Title has always been kept but to no avail.
5. That in the circumstances, I verily believe that the said duplicate
Certificate of Title is irretrievably lost.

21
www.ugandaonlinelawlibrary.com law teacher notes/LDC

6. That I did not pawn, pledge, mortgage or give the said duplicate Certificate
of Title to any person as security of any kind.
7. That I make this Statutory Declaration in support of an application for a
special Certificate of Title.
8. That whatever is stated herein above is true to the best of my knowledge
and belief.
SWORN at Kampala by the )
said MESUSERA RWABUTOMIZE )
This day of 2000) BEFORE ME:

---------------------------------------------
A COMMISSIONER FOR OATHS

22
www.ugandaonlinelawlibrary.com law teacher notes/LDC

3.4 Supplementary Agreement to the Sale of Land

REPUBLIC OF UGANDA

REGISTRATION OF TITLES ACT CAP 230

Kyadondo Block 195

Plot No.1047
Land at Kyanja
Approx.7.335
Hectares

SUPPLEMENTARY AGREEMENT
This AGREEMENT is made the 4th day of August 2006 BETWEEN HAJI
ISMAIL MAYANJA of P. O. Box 1462, Kampala (hereinafter referred to as "the
Vendor") of the one part AND DR.DICK KAMUGASHA of P. O. Box 3599
Kampala (hereinafter referred to as "the Purchaser") of the other part.
WHEREAS
1. The Vendor being the registered proprietor is desirous of disposing of part
of his land comprised in the above mentioned title and the Purchaser is
desirous of acquiring the same under the terms mentioned below.

2. The land subject to sale under this agreement measures only 0.50 Acres
and has been identified and marked out by both parties as per the
attached copy of the survey print and specifically marked “X”.
NOW THIS AGREEMENT WITNESSETH as follows:-
1. The purchase price for the said 0.50 acres shall be a sum of Uganda

23
www.ugandaonlinelawlibrary.com law teacher notes/LDC

Shillings Twenty Million (UGX.20,000,000)as follows:

a).Upon execution of this agreement, the Purchaser shall pay Uganda
Shillings Thirteen Million (UGX.13,000,000)receipt whereof the Vendor
hereby acknowledges.
b).The balance of Uganda Shillings Seven Million (UGX. 7,000,000)
shall be paid within ninety (90) days from the date hereof provided that
the Vendor shall within the same period conclude sub-division of the
above captioned title for purposes of producing a separate title

measuring 0.50 Acres being the subject of this agreement. For the
avoidance of doubt, the said balance shall not become payable until the
said separate title has been produced by the Vendor.
2. In the event that the Vendor fails to produce the said separate title within
the prescribed time of ninety (90) days from the date hereof, he shall
(unless otherwise agreed upon with the Purchaser in writing) be liable to
refund the money he shall have received on account of the purchase price
plus interest thereon equivalent to 10% thereof and in such
circumstances, this agreement shall be deemed to have been terminated.
3. In the event that the Purchaser fails to settle the outstanding balance of
the purchase price within the prescribed time, the Vendor shall (unless
otherwise agreed with the Purchaser in writing) be entitled to terminate
this agreement by refunding
4.
5. the consideration already received less 10% of the outstanding balance
on account of interest.
6. Upon receipt of the balance of the purchase price as aforesaid, the
Vendor shall forthwith execute a Transfer Deed in favour of the Purchaser.
7. The Vendor hereby warrants that he has a good, clear and proper title to
the said lands and undertakes to indemnify and keep the Purchaser
indemnified against any loss that may be occasioned to the Purchaser due
to the Vendor’s lack of proper title or from any claims by any third party in

24
www.ugandaonlinelawlibrary.com law teacher notes/LDC

connection to the land under sale.

IN WITNESS WHEREOF the parties hereunto have set their respective
hands.
SIGNED and DELIVERED )
by HAJI ISMAIL MAYANJA )
in the presence of:- )
SIGNED and DELIVERED )
by DICK KAMUGISHA )
in the presence of:- )

25
www.ugandaonlinelawlibrary.com law teacher notes/LDC

3.5 Withdrawal of Caveat

THE REPUBLIC OF UGANDA

In the matter of the Registration of Titles Act Cap 230

AND

In the Matter of a Caveat on FRV 54 Folio 14 Kyadondo Mengo

WITHDRAWAL OF CAVEAT

THE HILL HOTELS LIMITED of P.O. Box 182, Kampala do hereby withdraw the
caveat registered on the above property on the 15th day of February, 1993 as
Instrument No.268690.

DATED at Kampala this day of 2004.

The COMMON SEAL of )

HILL HOTELS LIMITED )

was hereunto affixed )

in the presence of:- )

Drawn by:

26
www.ugandaonlinelawlibrary.com law teacher notes/LDC

3.6 Transfer of Land

REPUBLIC OF UGANDA

REGISTRATION OF TITLES ACT (CAP 230)

Freehold Register
Volume 82 Folio 1
Kyadondo Block 269
Plot No. 1352
Land at Lubowa
Approx.0.38 Acre
====================

TRANSFER OF LAND

WE, UGANDA COMPANY (HOLDINGS) LIMITED of P. O. Box 7001, Kampala

being the registered proprietor of the lands comprised in the above-mentioned
Title (hereinafter called "The Vendor") IN CONSIDERATION of Uganda
Shillings Four Million Five Hundred Sixty Thousand (Shs.4,560,000/=) paid
to the Vendor by DR. JOHN BAPTIST KIRABIRA AND MARGARET NANZIRI
KIRABIRA of P.O. Box (hereinafter called "the Purchasers”) on or
before the execution of these presents (the receipt whereof the Vendor hereby
acknowledges) DO HEREBY transfer the said lands to the Purchasers, TO
HOLD the same unto the Purchasers for all the Vendor's estate and interest
therein.
DATED this day of 2006.
The COMMON SEAL of UGANDA )
COMPANY (HOLDINGS) LIMITED )
was hereunto affixed in )
the presence of:- )

27
www.ugandaonlinelawlibrary.com law teacher notes/LDC

SIGNED, SEALED and DELIVERED )

By DR. JOHN BAPTIST KIRABIRA )
in the presence of:- )

SIGNED, SEALED and DELIVERED by )

MARGARET NANZIRI KIRABIRA )
in the presence of:- )

28