Registration of Titles Act: Laws - Africa Legislation Commons
Registration of Titles Act: Laws - Africa Legislation Commons
Registration of Titles Act: Laws - Africa Legislation Commons
Uganda
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Table of Contents Uganda
Table of Contents
Part II – Officers 9
3. Appointment of officers 9
4. Signature to be judicially noticed 9
5. Seal of office 9
6. Appointment of sworn valuers 9
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156. Proprietor may apply for amendment to make boundaries coincide with land occupied under title 37
157. Proprietor may apply to have other titles amended where inconsistent 37
158. Form of application 38
159. How application to be dealt with 38
160. Special notice to be given to other proprietors 38
161. Person objecting to application being granted may lodge caveat 38
162. Application may be granted although other titles may be affected 38
163. On granting application other title may be rectified 38
164. Issue of amended or substituted certificate on rectification 39
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Registration of Titles Act Uganda
Uganda
[Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of
Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
Part I – Preliminary
1. Interpretation
In this Act, unless inconsistent with the context or subject matter—
(a) “addition” means the description as to residence and profession, trade or occupation of any person;
(b) “bankruptcy” includes liquidation of a company, and terms applicable to bankruptcy include terms
applicable to the liquidation of a company;
(c) “certificate of title” or “certificate” means a certificate of title issued by the registrar under this Act;
(d) “endorsed” includes anything written upon or in the margin or at the foot of any document;
(e) “final mailo certificate” means a certificate by which the title of an African of Uganda to land is finally
recognised;
(f) “grant” means the grant by or on behalf of the Government of Uganda or a controlling authority under
the Public Lands Act of land whether in fee or for years;
(g) “incumbrances” includes all prior estates, interests, rights, claims and demands which can or may be had,
made or set up in, to, upon, or in respect of, the land;
(h) “instrument” includes any document in pursuance of which an entry is made in the register;
(i) “land” includes messuages, tenements and hereditaments corporeal or incorporeal; and in every
certificate of title, transfer and lease issued or made under this Act, “land” also includes all easements and
appurtenances appertaining to the land described therein or reputed to be part of that land or appurtenant
to it;
(j) “letters of administration” includes, in the case of the estate of a deceased African of Uganda, a
certificate of succession or other document from a competent authority declaring the right of any person
to deal with that estate, and “administrator” includes that person;
(k) “limited certificate” means a certificate limited as to parcels registered under section 39;
(l) “proprietor” means the owner whether in possession, remainder, reversion or otherwise of land or of a
lease or mortgage whose name appears or is entered as the proprietor of that land or lease or mortgage in
the Register Book; “proprietor” also includes the donee of a power to appoint or dispose of that land or
lease or mortgage;
(m) “registrar” means the registrar of titles appointed under section 3 and includes the deputy registrar of
titles so appointed and any assistant registrar of titles or land registry assistant so appointed to the extent
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Registration of Titles Act Uganda
that he or she has been authorised to exercise or perform any power or duty conferred or imposed by this
Act upon the registrar of titles;
(n) “settlement” means any document under or by virtue of which any land is so limited as to create partial
or limited estates or interests;
(o) “surveyed” means surveyed, demarcated and delineated upon a map or plan to the satisfaction of the
commissioner of lands and surveys.
2. Conflicting laws
(1) Except so far as is expressly enacted to the contrary, no Act or rule so far as 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.
(2) 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.
Part II – Officers
3. Appointment of officers
(1) A registrar of titles shall be appointed to have the charge and control of the office of titles and to exercise
the powers and perform the duties conferred or imposed upon the registrar of titles by this or any other
Act.
(2) There may be appointed a deputy registrar of titles and such assistant registrars of titles and land registry
assistants as may be required for the purposes of this Act.
(3) The deputy registrar of titles shall have all the powers and exercise all the duties conferred and imposed
on the registrar by this Act except the power of delegation conferred by subsection (4).
(4) The registrar may delegate all or any of his or her powers or duties under this Act and may at any time
revoke or vary that delegation, but no such delegation shall be deemed to divest the registrar of any of his
or her powers and duties.
(5) The appointments referred to in subsections (1) and (2) shall be made in accordance with any written law
relating to the appointment of persons to the public service.
5. Seal of office
The registrar shall cause to be kept a seal bearing the impression of the armorial ensigns of Uganda and having
inscribed in the margin of the seal the words “Office of Titles, Uganda”; and all certificates of title and other
documents purporting to be sealed with such seal and to be signed by the registrar or by a deputy or assistant
registrar shall be admissible as evidence without further proof.
(2) Every person appointed under subsection (1) shall within fourteen days from his or her appointment and
before making any valuation under this Act take the following oath before a judge of the High Court or
such other person as the Minister may appoint—
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“I, ______________________, (name) do solemnly swear that I will faithfully and honestly and to the best of my
skill and ability make any valuation required of me under the provisions of the Registration of Titles Act.
So help me God.”
or make the following solemn affirmation before a judge of the High Court or such other person as the
Minister may appoint—
“I, _______________________, (name) do solemnly, sincerely and truly declare and affirm that I will faithfully
and honestly and to the best of my skill and ability make any valuation required of me under the
provisions of the Registration of Titles Act.”.
(2) Registration under subsection (1) shall be deemed and taken to be an enrollment of record of the grant or
certificate, and that enrollment shall relate back to the day of the date of the grant or final mailo
certificate, and either part of the grant or final mailo certificate when registered under this Act shall be
sufficient evidence of a duly enrolled grant or final mailo certificate of the land described in it to or in
favour of the person named in it made or issued on the day of the date thereof.
(3) All land included in any final mailo certificate whenever issued shall after the commencement of this Act
be subject to the operation of this Act and shall be deemed to have been registered under it, and no
application to bring such land under the operation of this Act shall be necessary.
(a) “grants in fee” includes any notice issued under rule 16 of the Crown Lands (Adjudication) Rules,
and any instrument or notice declared in any rules made under the Public Lands Act to be a grant in
fee for the purposes of that subsection;
(b) “grants for years” includes any lease granted by an urban authority under the Public Lands Act, and
any instrument or notice declared in any rules made under that Act to be a grant for years for the
purposes of that subsection.
(2) Where after the commencement of this Act an instrument affecting land referred to in subsection (1) or
any interest in that land is presented for registration, the registrar shall proceed to bring the whole of that
land under the operation of this Act in the same manner as hereafter prescribed on an application to bring
that land under the Act; but if any such land has not been surveyed, the registrar may call upon the person
entitled to a certificate of title under this Act to have that land surveyed.
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(3) All land within the meaning of this section may be brought under the operation of this Act on an
application in Form I of the First Schedule to this Act, which application may be made by any of the
following persons—
(a) the person claiming to be the owner of the fee simple or term of years either at law or in equity;
(b) persons who collectively claim to be the owners of the fee simple or term of years either at law or in
equity;
(c) persons who have the power of appointing or disposing of the fee simple or term of years;
(d) the guardian of any infant or the committee of any lunatic or person of unsound mind unable to
govern his or her estate so, however, that the application is made on behalf of that infant, lunatic or
person and the certificate of title is directed to issue in his or her name.
(a) a mortgagor shall not be entitled to make such application unless the mortgagee consents to the
application; nor a mortgagee unless in the exercise of his or her power of sale, and unless the
certificate of title is directed to issue in the purchaser’s name; and
(b) the attorney of any corporation, howsoever and wheresoever incorporated, whether already
constituted or hereafter to be constituted by a power of attorney under a seal purporting to be the
common seal of the corporation giving the power may make such application for or on behalf of the
corporation of which he or she is the attorney, and may make the requisite declaration to the best
of his or her knowledge, information and belief, and may subscribe the application in his or her own
name.
10. Application when no dealing has been registered under Cap. 113, 1951. Revision,
Ordinance 3 of 1904 or Cap. 81
If on any such application or dealing as aforesaid it appears to the registrar that no transaction affecting the land
has been registered under the Land Regulations, the Registration of Documents Ordinance, 1904, or the
Registration of Documents Act, he or she shall bring the land under the operation of this Act forthwith by
registering a certificate of title to the land in the form in the Third Schedule to this Act.
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16. Land occupied may be brought under the Act by a different description from that in
the title
On any application to bring land under this Act in which the land actually and bona fide occupied by the applicant
differs in boundaries, area or position from the land described in his or her muniments of title, he or she may
apply to bring under this Act the land so occupied; and in any such case the applicant shall state in his or her
application in addition to the other particulars required by this Act that the land as occupied by him or her and as
to which he or she applies for a certificate is not correctly described in the muniments of title lodged in support
of the application, and shall specify to the best of his or her knowledge and belief the reasons for the discrepancy
between the land as occupied and the land as described in the muniments of title.
17. Application to bring land under the Act may be granted as to land occupied under
but not described in the title deeds
On any application to bring land under this Act by a description different from that in the muniments of title, the
registrar may grant the application as to the land in the occupation of the applicant if the discrepancy between
the land as occupied and as described in the muniments appears to be due to the inaccuracy of any survey or plan
or description on the sale of the land by the Government of Uganda or controlling authority or on any
subsequent dealing therewith, or to any discrepancy between the actual measurements or bearings at any time
made or marked on the ground and those represented or mentioned in any plan or description.
18. In case of error in Government survey, title may correspond to actual dimensions
If the land included in any application to bring land under this Act consists of an estate or plot surveyed by the
Government and it is found by survey or otherwise that by reason of erroneous measurements in the original
Government survey the actual dimensions of the estate or plot as marked on the ground exceed or fall short of
the dimensions given in the grant of the land, the registrar may issue a certificate in respect of that land as if the
dimensions marked on the ground had been the dimensions given in the grant.
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number of original plots or portions, the registrar may without ascertaining the dimensions of the other plots or
portions and without the consent of the owner or owners of those plots or portions issue a certificate in respect
of the land included in that application as if the whole of it had been included by measurements and boundaries
in the original grant or certificate of title of that plot or portion.
(2) Every caveat lodged under subsection (1) shall be signed by the caveator or by his or her agent, and shall
particularise the estate or interest claimed; and the person lodging the caveat shall, if required by the
registrar, support the caveat by a statutory declaration stating the nature of the title under which the
claim is made, and also deliver a perfect abstract of the title to that estate or interest.
(3) No caveat under this section shall be received unless some address or place in which a post office is
situated shall be appointed in it as the place at which notices and proceedings relating to the caveat may
be served.
(2) The applicant may, if he or she thinks fit, summon the caveator to attend before the High Court to show
cause why the caveat should not be removed, and the High Court may, upon proof that the caveator has
been summoned, make such order in the premises either ex parte or otherwise and as to costs as to it
seems fit.
(2) A caveat shall not be renewed by or on behalf of the same person in respect of the same estate or interest.
23. Production of title deeds in support of an application to bring land under the Act
After an application has been made to have any land brought under the operation of this Act, the registrar may
require all persons having in their possession or custody any deeds, instruments or evidences of title relating to
or affecting the land the subject of that application to produce them at the office of titles for his or her
inspection.
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(2) No action shall be brought upon any covenant or agreement for the production of the documents which
are retained under subsection (1) or upon any agreement to give or enter into a covenant for the
production of those documents; and if any such action is commenced, it shall be a sufficient answer to it
that the documents are retained under this Act.
(2) The record referred to in subsection (1) shall state briefly the nature and date of and parties to every such
deed or document, by whom executed or signed, and whether registered under the Land Regulations, the
Registration of Documents Ordinance, 1904, or the Registration of Documents Act, or not, and if
registered the date of the registration; and the Record Book shall be open for inspection by the public
during the hours and days of business on payment of the prescribed fee.
28. Certificate of title to issue in name of deceased applicant or his or her nominee
In case the applicant or the person in whose name the applicant has requested that the certificate of title shall be
issued dies between the application and the registration of the certificate, it shall be registered in the name of
that applicant or of that person, as the case may be, and the land shall devolve or pass in like manner as if the
certificate had been registered prior to the death of that applicant or person.
29. Application to bring under the Act land registered under Ordinance 11 of 1908
Any person in whose name any land is registered under the Registration of Land Titles Ordinance 11 of 1908,
may make an application in the form in the Second Schedule to this Act to the registrar to bring that land under
this Act.
30. Procedure
Upon receipt of any application under section 29, the registrar shall—
(a) bring the land under this Act by registering in the name or names of such person or persons as may be
entitled to it a certificate or certificates of title to the land in the form in the Third Schedule to this Act;
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(b) record at the foot of the certificate or certificates all incumbrances registered under the Registration of
Land Titles Ordinance, 1908, and subsisting at the date of the registration of the certificate or certificates;
(c) endorse the original and duplicate certificate of title under the Registration of Land Titles Ordinance,
1908, as follows:
“Cancelled. Land brought under the operation of the ___________ Registration of Titles Act, Vol. _______________,
Fol. __________________”
and the date, and initial the certificates and endorse the original and duplicate grant as follows:
“Land brought under the operation of the Registration _________ of Titles Act, Vol. ____________ Fol.
________________”
and the date, and initial the grants and on request return the duplicate documents so endorsed to the applicant.
(a) register the instrument in the proper folium of the register of titles kept under the Registration of Land
Titles Ordinance, 1908;
(2) Land shall be deemed to have been brought under this Act as from the date on which the certificate of title
with respect to the land shall have been signed by the registrar
33. Fees
The fees payable for the registration of an instrument under section 31 shall be the same as would be payable for
the registration of a like instrument under the Registration of Land Titles Ordinance, 1908, and in respect of the
bringing of land under this Act in accordance with section 30 or 31 of this Act the fees specified in the Twenty-
second Schedule to this Act shall be payable.
(2) If the registrar is not satisfied of the correctness of the value sworn to under subsection (1), he or she may
require the applicant to produce a certificate of the value under the hand of a sworn valuer, which
certificate shall be received as conclusive evidence of the value.
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(3) Nothing in this section shall apply to any land included in a final mailo certificate whenever issued, unless
prior to the application to bring that land under the operation of this Act it has been transferred to a
person not an African of Uganda.
(2) Where the registrar is not satisfied that sufficient evidence of title to any land has been produced, he or
she may refuse to bring that land under the operation of this Act.
(2) Every certificate of title to leasehold land shall be subject to the rights and powers of the lessor or other
proprietor of the reversion immediately expectant upon the term.
(3) Any certificate of title to a lease granted by a registered proprietor of freehold or mailo land which has,
prior to the 9th August, 1962, been issued by the office of titles shall be deemed to have been validly
issued in accordance with this Act.
(a) keep the Register Book, or any part of it, in such loose-leaf or other form as he or she may consider
appropriate;
(b) keep the Register Book in parts, each relating to a district, county, subcounty or other convenient
area.
(3) Every person whose name is entered in the Register Book as proprietor of any land, or any interest in land,
or as a caveator, or as entitled to receive any notice, or in any other capacity, shall furnish to the registrar
a place of address in Uganda.
(2) One of the certificates shall be registered in the Register Book, and the other original (hereafter called the
duplicate) shall be issued to the person entitled to it.
(3) Each certificate of title shall constitute a separate folium of the Register Book.
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(4) Whenever it shall appear expedient to the registrar, he or she may cancel the certificate of title registered
in the Register Book and may register a certificate of title in any of the forms prescribed under this Act in
lieu of that certificate, but the registrar shall not issue any such new certificate until the duplicate of the
certificate cancelled under this subsection is in his or her hands.
(5) Where the Register Book is kept in parts under section 37(2)(b), the registrar shall—
(a) file each certificate in the appropriate part of the Register Book, by reference to the location of the
land in respect of which the certificate is registered; and
(b) enter upon the certificate a reference to the block and plot number of the land in respect of which
the certificate is registered, as shown on a plan approved by the commissioner of lands and surveys.
(6) Where the registrar has entered upon a certificate a reference to the block and plot number under
subsection (5), references in this Act to a volume or folium of the Register Book shall be construed as
references to that block or plot number, as the case may be.
(a) he or she is satisfied by the deposit of a survey plan and of such other evidence as he or she may deem
necessary, that no part of the land to which the limited certificate relates is held in occupation adverse to
the title of its proprietor; and
(b) he or she has given to the persons appearing to him or her to be the proprietors of adjoining land such
notice as he or she deems necessary of his or her intention to remove the limitation, and until the
expiration of that notice.
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(a) the volume and folium of the Register Book in which it is entered; or
(b) the block and plot number of the land in respect of which that certificate of title is to be registered.
(2) Every instrument purporting to affect land or any interest in land, the title to which has been registered
under this Act, shall be deemed to be registered when a memorial of the instrument as described in section
51 has been entered in the Register Book upon the folium constituted by the certificate of title.
(3) The memorial mentioned in subsection (2) shall be entered as at the time and date on which the
instrument to which it relates was received in the office of titles together with the duplicate certificate of
title and such other documents or consents as may be necessary, accompanied with the fees payable under
this Act.
(4) The person named in any certificate of title or instrument so registered as the grantee or as the proprietor
of or having any estate or interest in or power to appoint or dispose of the land described in the certificate
or instrument shall be deemed and taken to be the duly registered proprietor of the land.
(2) Upon the registration of any instrument not in duplicate, the registrar shall file and retain it in the office
of titles, and upon the registration of any instrument in duplicate, the registrar shall file one original and
shall deliver the other, hereafter called the duplicate, to the person entitled to it.
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initialled upon one and the words “lessee’s part” upon the other of the two leases returned, and the words
“mortgagor’s part” shall be similarly endorsed and initialled upon one and the words “mortgagee’s part” upon
the other of the two mortgages returned.
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(2) Two or more joint proprietors of any land or of any lease of freehold land may by writing under their
hands direct the registrar to enter the words “no survivorship” upon the certificate of title or instrument
relating to the property.
(3) In every case after the words “no survivorship” have been signed by the registrar, whether under this or
any preceding section, it shall not be lawful for any persons other than the proprietors registered to
transfer or otherwise deal with the property without the order of the High Court.
58. Notice to be published before making order in respect of land under section 57
(1) Before making any order required under section 57, the High Court shall cause notice of the intention to
do so to be notified at the expense of the person applying for the order in the Gazette and shall appoint a
time within which any person interested may show cause against the order being made.
(2) After the expiration of the time appointed under subsection (1), the High Court may give directions for
the transfer of such land or lease to any new proprietor or proprietors solely or jointly with or in the place
of any existing proprietor or proprietors or make such order in the premises as is just for the protection of
any persons beneficially interested in the property or in the proceeds of the property; and on that order
being deposited with the registrar, he or she shall make such entries and perform such acts for giving
effect to the order as the provisions of this Act render necessary.
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be construed as if there had been inserted in that certificate of title the words contained in the Fifth Schedule to
this Act.
(2) Notwithstanding subsection (1), the land which is included in any certificate of title or registered
instrument shall be deemed to be subject to the reservations, exceptions, covenants, conditions and
powers, if any, contained in the grant of that land, and to any rights subsisting under any adverse
possession of the land, and to any public rights of way and to any easements acquired by enjoyment or use
or subsisting over or upon or affecting the land, and to any unpaid rates and other monies which without
reference to registration under this Act are by or under the provisions of any written law declared to be a
charge upon land in favour of any Government department or officer or any public authority, and to any
leases, licences or other authorities granted by the Governor or any Government department or officer or
any public authority, and in respect of which no provision for registration is made and also, where the
possession is not adverse, to the interest of any tenant of the land, notwithstanding the same respectively
are not specially notified as incumbrances on the certificate or instrument.
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67. Upon surrender of existing grants or certificates a single certificate may be obtained
On the application of any proprietor or of any person entitled to become a proprietor of land under separate
certificates of title or under any two or more of such documents and on his or her delivering up the duplicates
thereof, the registrar may issue to him or her a single certificate of title for the whole of such land or several
certificates as to portions of the land in accordance with the application so far as that may be done consistently
with any rules for the time being in force respecting the parcels of land that may be included in one certificate of
title; and upon registering any certificate under this section, the registrar shall cancel and retain the previous
certificate, and shall endorse upon it a memorandum setting forth the occasion of the cancellation and referring
to the new certificate.
(d) any information, required to be produced, given or made, as the case may be, by this Act.
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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, and what has
become of the original so far as known or supposed, and from the date of the copy being so signed it may be
bound up in the Register Book and used in place of the original for the purpose of dealings.
73. Registrar may call in duplicate certificate on sale by court or mortgagee or when
required for cancellation, etc.
On any transfer by a mortgagee to a purchaser or under any decree, judgment or order of any court, of any land,
estate or interest under this Act, or for the purpose of registering any instrument subject to a first mortgage or
for the purpose of rectifying or cancelling any certificate under this Act or for the purpose of inspection in case of
loss, destruction or obliteration of any original certificate of title, the registrar shall by writing under his or her
hand require the judgment debtor, mortgagor or mortgagee or proprietor of the land comprised in any duplicate
or triplicate certificate of title, mortgage, lease or other instrument, or the person having possession, custody or
control of any such duplicate or triplicate, to send it to the office of titles within a period named in the
requisition, not less than seven days from the date of the requisition, to be endorsed, cancelled, rectified or
otherwise dealt with, as the case requires.
(a) in writing in the form or to the effect of the Sixth Schedule to this Act, and shall include the several
particulars mentioned or referred to in that Schedule;
(b) signed by the applicant, or in the case of a corporation by a person authorised in that behalf in writing
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(c) attested by at least one witness being a person mentioned in that behalf in section 147;
(d) supported by a statutory declaration by the person signing it that the several statements in it are true; and
(a) specify the volume and folium of the grant or certificate of title affected by the application, and any
mortgage or lease registered as an incumbrance on the grant or certificate of title; and
(b) be dated and be served by being sent in a registered letter marked outside “Office of Titles”, posted
to each person to be served at his or her address, if any, stated in the Register Book, subject to
section 191, or supplied by the applicant.
(2) The registrar shall cause a copy of each notice to be filed with a memorandum of the notice having been
sent, and the memorandum shall be sufficient evidence that the notice was duly sent.
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(2) The caveat shall in all other respects be in the same form and be subject to the same provisions and have
the same effect with respect to the application against which it is lodged as a caveat against bringing land
under the operation of this Act.
(a) cancel the existing certificate of title and any instrument, entry or memorial in the Register Book
altogether or to such extent as is necessary; and
(b) issue to the applicant or person entitled to receive it a new certificate of title for an estate in fee simple or
the other estate acquired in the land by the applicant free from all incumbrances appearing by the Register
Book to affect the existing title, which have been determined or extinguished by such possession and free
from any easement notified as an incumbrance which has been proved to the satisfaction of the registrar
to have been abandoned.
(2) The certificate shall be dated the date of the granting of the application by the registrar.
Transfers
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(2) Upon the registration of the transfer, the estate and interest of the proprietor as set forth in the
instrument or which he or she is entitled or able to transfer or dispose of under any power, with all rights,
powers and privileges belonging or appertaining thereto, shall pass to the transferee; and the transferee
shall thereupon become the proprietor thereof, and while continuing as such shall be subject to and liable
for all the same requirements and liabilities to which he or she would have been subject and liable if he or
she had been the former proprietor or the original lessee or mortgagee.
(3) Notwithstanding this Act, the registrar may register any transfer executed under section 5 of the
Possession of Land Law of the Kingdom of Buganda.
94. Proprietor may vest estate jointly in himself or herself and others without limiting
any use, etc.
The proprietor of land or of any estate or interest in land under the operation of this Act, whether of the nature
of real or personal property, may transfer that land, estate or interest to his wife; or if the proprietor is a married
woman, she may make such transfer to her husband; or the proprietor may make such transfer directly to himself
or herself and another person, or jointly with any other person to himself or herself alone, or to create or execute
any power of appointment or disposition, or to create or limit estates in remainder or otherwise as legal estates
of or concerning land the subject thereof without the intervention of any precedent or particular estate, and also
like estates as legal estates without the employment or intervention of any form of use; and upon the
registration of the transfer the land, estate or interest shall vest in the transferee solely or jointly, as the case
may be, or in the person in whose favour any such power has been executed, or taking under any such limitation
or otherwise according to the intent and meaning of such instrument; and she, he or they shall become and be
deemed the proprietor or proprietors thereof.
95. Instruments when signed and registered to have the same efficacy as a deed
acknowledged
Every transfer or other instrument shall be deemed of the same efficacy as if under seal, and when signed by the
proprietor and registered shall be as valid and effectual to all intents and purposes for conveying, passing or
conferring the estates, interests or rights expressed to be thereby transferred, leased or created respectively, as a
deed duly executed and acknowledged by the same person would have been under any law heretofore or now in
force, or as any other form of document would have been either at law or in equity.
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(a) that he or she or they will pay the rent reserved by the lease at the times mentioned in the lease;
(b) that he or she or they will keep and yield up the leased property in good and tenantable repair, damage
from earthquake, storm and tempest, and reasonable wear and tear excepted.
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(a) that he or she or they may with or without surveyors, workers or others once in every year during the
term, at a reasonable time of the day, enter upon the leased property and view the state of repair of the
property;
(b) that in case the rent or any part of it is in arrear for the space of thirty days, although no legal or formal
demand has been made for payment of that rent, or in case of any breach or nonobservance of any of the
covenants expressed in the lease or by law declared to be implied in the lease on the part of the lessee or
his or her transferees, and the breach or nonobservance continuing for the space of thirty days, the lessor
or his or her transferees may reenter upon and take possession of the leased property.
(2) There may be introduced into or annexed to any of the forms in the first column any express exceptions
from or express qualifications thereof respectively; and the like exceptions or qualifications shall be taken
to be made from or in the corresponding forms in the second column.
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Register Book notice of such statement and of the neglect or refusal; and that entry shall operate as a surrender
of such lease discharged from the mortgage or several mortgages aforesaid, but without prejudice to any action
or cause of action which previously has been commenced or has accrued in respect of any breach or
nonobservance of any covenant expressed in the lease or by law declared to be implied in the lease.
(2) The registrar shall enter in the Register Book a memorandum recording the date of such surrender, and
shall likewise endorse upon the duplicate, if any, a memorandum recording the fact of the entry having
been made.
(3) Upon such entry in the Register Book the estate and interest of the lessee or his or her transferee shall vest
in the lessor or in the proprietor for the time being of the reversion and inheritance in the land
immediately expectant on the term; and production of such lease or duplicate, if any, bearing the
endorsement and memorandum shall be sufficient evidence that the lease has been legally surrendered.
(4) Notwithstanding any other provision of this section, no lease subject to a mortgage shall be surrendered
under this section without the consent in writing of the proprietor of that lease.
(2) Notwithstanding section 112, the registrar shall not register any lease or sublease by a proprietor of a
sublease registered in accordance with this section.
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surrender evidenced by a separate document, that document shall be annexed to the original sublease.
(2) If the lease is determined by forfeiture or operation of law or by surrender under any Act relating to
bankrupts and their estates, that determination or surrender shall determine the sublease.
that he or she or they will, during the term granted by the sublease, pay the rent reserved by and perform and
observe the covenants and agreements contained in the original lease, and on his or her or their part to be paid,
performed and observed.
Mortgages
115. ***
[section 115 repealed by section 44(1)(b) of Act 8 of 2009]
116. ***
[section 116 repealed by section 44(1)(b) of Act 8 of 2009]
117. ***
[section 117 repealed by section 44(1)(b) of Act 8 of 2009]
118. ***
[section 118 repealed by section 44(1)(b) of Act 8 of 2009]
119. ***
[section 119 repealed by section 44(1)(b) of Act 8 of 2009]
120. ***
[section 120 repealed by section 44(1)(b) of Act 8 of 2009]
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121. ***
[section 121 repealed by section 44(1)(b) of Act 8 of 2009]
122. ***
[section 122 repealed by section 44(1)(b) of Act 8 of 2009]
123. ***
[section 123 repealed by section 44(1)(b) of Act 8 of 2009]
124. ***
[section 124 repealed by section 44(1)(b) of Act 8 of 2009]
125. ***
[section 125 repealed by section 44(1)(b) of Act 8 of 2009]
126. ***
[section 126 repealed by section 44(1)(b) of Act 8 of 2009]
127. ***
[section 127 repealed by section 44(1)(b) of Act 8 of 2009]
128. ***
[section 128 repealed by section 44(1)(b) of Act 8 of 2009]
129. ***
[section 129 repealed by section 44(1)(b) of Act 8 of 2009]
Miscellaneous
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(2) The seal of the attorney of any corporation whose chief or head office of business is out of Uganda,
whether the attorney has been already constituted or hereafter is constituted by a power of attorney under
a seal purporting to be the common seal of the corporation giving the power, shall be deemed to be the
common seal of the corporation within the meaning and for the purposes of this section.
(2) The title of every executor or administrator becoming a transferee under this section shall upon such
entry being made relate back to and be deemed to have arisen upon the death of the proprietor of any land,
lease or mortgage as if there had been no interval of time between such death and entry.
(3) If in any case probate or administration is granted to more persons than one, all of them for the time being
shall join and concur in every instrument, surrender or discharge relating to the land, lease or mortgage.
(4) No fee in respect of the assurance of title under this Act shall be payable on the registration of such
executor or administrator.
(2) Upon production to the registrar of sufficient evidence of the satisfaction of any decree a copy of which
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has been served as aforesaid, he or she shall make an entry in the Register Book of a memorandum to that
effect; and on such entry such decree shall be deemed to be satisfied.
(3) Every such decree shall cease to bind, charge or affect any land, lease or mortgage specified as aforesaid,
unless a transfer upon a sale under the decree is lodged for entry upon the register within twelve months
or such further period as the court may order from the day on which the copy was served.
(4) On a transfer from the proper officer of the court being presented for registration it shall not be registered
nor deemed produced for registration within the meaning of section 46(2) unless previously and within
twelve months or such further period as the court may have ordered preceding the transfer being so
presented a copy of the decree in pursuance of which the transfer purports to have been made has been
duly served upon the registrar for entry by him or her in the Register Book in accordance with this section.
(2) Where a transfer or letters of administration has or have been registered under subsection (1), the
registrar shall register a certificate for the unascertained portion of land referred to in subsection (1), but
the certificate shall not be issued until that portion has been surveyed.
(2) Every caveat under subsection (1) shall state the name and addition of the person by whom or on whose
behalf the caveat is lodged, and, except in case of a caveat lodged by order of the High Court or by the
registrar as hereafter provided, shall be signed by the caveator or by his or her agent.
(3) The person lodging such caveat shall, if required, support the caveat by an affidavit, stating the nature of
the title under which the claim is made, and may withdraw any such caveat.
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(4) No such caveat shall be received unless some address or place in which a post office is situated is
appointed in the caveat as the place at which notices and proceedings relating to the caveat may be
served.
(2) Except in the case of a caveat lodged by or on behalf of a beneficiary claiming under any will or settlement
or by the registrar, every caveat lodged against a proprietor shall be deemed to have lapsed upon the
expiration of sixty days after notice given to the caveator that the proprietor has applied for the removal
of the caveat.
(3) A caveat shall not be renewed by or on behalf of the same person in respect of the same estate or interest,
but if, before the expiration of the sixty days referred to in subsection (2) or such further period as is
specified in any order made under this section, the caveator or his or her agent appears before the court
and gives such undertaking or security, or lodges such sum in court as the court considers sufficient to
indemnify every person against any damage that may be sustained by reason of any disposition of the
property being delayed, then and in such case the court may direct the registrar to delay registering any
dealing with the land, lease or mortgage for a further period to be specified in such order, or may make
such other order, and in either case such order as to costs as is just.
144. Caveat on behalf of a beneficiary under a will, etc. need not be removed to admit
registration of certain dealings
Where a caveat has been lodged by or on behalf of a beneficiary claiming under a will or settlement and a change
in the proprietorship of or a transfer or other dealing with or affecting the land, estate or interest in respect of
which the caveat was lodged is presented for registration, the same may, notwithstanding section 141, be
registered without the caveat being withdrawn and without determining the operation of the caveat, provided
the registrar is of opinion that such change of proprietorship or such transfer or other dealing is authorised by
the will or settlement and the caveator either consents to the registration or does not lodge a written protest
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against the registration within fourteen days after being served with notice as such caveator.
(2) Every such power of attorney shall be registered in accordance with the Registration of Documents Act,
and if so registered within four months after the date thereof shall be presumed to be in force at the time
of its registration unless a revocation of that power of attorney has been previously registered under that
Act; but nothing in this subsection shall diminish the force and effect of any power of attorney if
registered after the expiration of that period of four months.
(3) After the registration of any revocation of the power, the registrar shall not give effect to any transfer or
other instrument signed pursuant to the power.
(4) A power of attorney in the form in the Sixteenth Schedule to this Act or to the like effect given by a person
before as well as after becoming a proprietor of any land or of any lease or mortgage shall be deemed to be
within the meaning of this section.
(iii) an advocate;
(viii) any literate chief of the rank of a gombolola chief or a corresponding or higher rank; or
(ix) any other person authorised in that behalf by the Minister by statutory instrument; and
(i) either a notary public or else the mayor or other chief officer of any city or municipal
corporation within the United Kingdom of Great Britain and Northern Ireland or the
Republic of Ireland;
(ii) the officer administering the government of, or the judge of any court of record in, any
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Commonwealth country;
(iii) a foreign service officer or a diplomatic representative of any Commonwealth country at any
foreign place;
(iv) a police magistrate, resident magistrate, stipendiary magistrate or special magistrate in any
Commonwealth country;
(v) the manager or accountant of any branch of any bank incorporated under the law of the
United Kingdom of Great Britain and Northern Ireland or the Republic of Ireland; and
(2) Such witness, whether within or without the limits of Uganda, may also be any other person, but in such
case he or she shall appear before one of the officers or persons specified in subsection (1), who, after
making due inquiries of the witness, shall endorse upon the instrument or power a certificate in the form
in the Seventeenth Schedule to this Act; and that certificate shall be deemed sufficient proof of the due
execution of that instrument or power.
(3) Where an instrument or power of attorney purports to be attested or a certificate purports to be signed as
provided in this section, the registrar may take official notice of the signature and of the fact that the
person attesting or signing possessed the requisite qualification.
(4) No fee shall be demanded or taken by any officer in the service of the Government except a magistrate in
the performance of the duties of a notary public, or by any chief for attesting within Uganda any
instrument or power of attorney under this Act.
(b) a transliteration into Latin character of the signature of any party whose signature is not in Latin
character and the name of any party who has affixed a mark instead of signing his or her name are added
to the instrument or power of attorney by or in the presence of the attesting witness at the time of
execution, and beneath the signature or mark there is inserted a certificate in the form in the Eighteenth
Schedule to this Act.
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(2) The plan referred to in subsection (1) shall exhibit distinctly delineated all roads, streets, passages,
thoroughfares, squares or reserves appropriated or set apart for the use of the purchasers, and also all
allotments into which the land is divided, marked with distinct numbers or symbols, and shall also show
the area of each separate allotment, and, unless prepared by a Government surveyor, shall be declared to
be accurate by a statutory declaration of the person preparing the plan, and, if required by the registrar,
certified as accurate by a Government surveyor after verification by him or her at the proprietor’s expense.
(2) Any abuttal so used under subsection (1) may be described by the name by which it is commonly known
and with or without the name of its reputed owner; and if the abuttal is upon or consists of land under this
Act, the volume and folium of the certificate of title of the land constituting the abuttal or on which the
abuttal stands shall be mentioned.
156. Proprietor may apply for amendment to make boundaries coincide with land
occupied under title
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, or in any case in which the description in the certificate of title is erroneous or imperfect on the face
of it.
157. Proprietor may apply to have other titles amended where inconsistent
A proprietor may apply for the rectification of the original and duplicate certificate of title of any other
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proprietor or proprietors, in any case in which the land described in the applicant’s certificate of title and
actually and bona fide occupied by him or her 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.
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(2) Unless its registration is effected, the order shall have no effect or operation in transferring or otherwise
vesting the land, estate or interest.
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a memorandum to that effect on the certificate or permit any subsequent certificate of title of the same land to
be issued free from that incumbrance.
(a) to lodge a caveat on behalf of the Government or on behalf of any person who is under disability of
infancy, coverture, lunacy, unsoundness of mind or absence from Uganda, to prohibit the transfer or
dealing with any land belonging or supposed to belong to any such person, and also to prohibit the dealing
with any land in any case in which it appears that an error has been made by misdescription of the land or
otherwise in any registered certificate of title or in any instrument, or for the prevention of any fraud or
improper dealing;
(b) at his or her discretion, notwithstanding the nonpayment of any prescribed fees, to effect any registration
on behalf of or issue a certificate of title to an African of Uganda. Such unpaid fees shall, until recovered,
be a first charge in favour of the Government upon the land comprised in the relevant certificate of title
and that charge shall thereupon be entered in the folium of the Register Book constituted by the
certificate of title. Any such unpaid fees may be sued for and recovered by the registrar or any officer of
the Government or of the administration of a district appointed by the registrar in that behalf in any court
of competent jurisdiction or summarily as a civil debt. Where the registrar appoints an officer of the
administration of a district as aforesaid, the amount due may be recovered by that officer in the name of
the registrar in a court constituted under the Magistrates Courts Act, notwithstanding any provisions to
the contrary in any other law; and
(c) where it appears to him or her that a caveator claims an interest in an unascertained portion of land
within the meaning of section 138(1) and that survey of that portion is not likely to be delayed, to serve
notice on the caveator requiring him or her to arrange for the survey of the portion he or she claims; and if
the caveator neglects or fails to have the survey of that portion completed within a period of six months
from the date of service of the notice or such further period not exceeding three months as the registrar
may in his or her discretion allow, his or her caveat shall lapse on the expiration of that period or extended
period, and the registrar shall remove the caveat from the Register Book.
171. Fees
The fees specified in the Twenty-second Schedule to this Act or such other fees as hereafter from time to time
may be prescribed by the Minister in lieu of or in addition to those fees shall be payable; except that the
commissioner of lands and surveys may reduce or remit, whether prospectively or retrospectively, any of the
fees.
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(c) the case of a person deprived of any land by fraud as against the person registered as proprietor of that
land through fraud or as vb against a person deriving otherwise than as a transferee bona fide for value
from or through a person so registered through fraud;
(d) the case of a person deprived of or claiming any land included in any certificate of title of other land by
misdescription of the other land or of its boundaries as against the registered proprietor of that other land
not being a transferee of the land bona fide for value;
(e) the case of a registered proprietor claiming under a certificate of title prior in date of registration under
this Act in any case in which two or more certificates of title may be registered under this Act in respect of
the same land, and in any case other than as aforesaid the production of the registered certificate of title
or lease shall be held in every court to be an absolute bar and estoppel to any such action against the
person named in that document as the grantee, owner, proprietor or lessee of the land described in it, any
rule of law or equity to the contrary notwithstanding.
177. Powers of High Court to direct cancellation of certificate or entry in certain cases
Upon the recovery of any land, estate or interest by any proceeding from the person registered as proprietor
thereof, the High Court may in any case in which the proceeding is not herein expressly barred, direct the
registrar to cancel any certificate of title or instrument, or any entry or memorial in the Register Book relating to
that land, estate or interest, and to substitute such certificate of title or entry as the circumstances of the case
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(a) except in the case of fraud or of error occasioned by any omission, misrepresentation or misdescription in
the application of the person to bring such land under the operation of this Act or to be registered as
proprietor of the land, estate or interest or in any instrument signed by him or her, that person shall upon
a transfer of the land bona fide for value cease to be liable for the payment of any damage which but for
the transfer might have been recovered from him or her under the provisions herein contained; and in the
last-mentioned case, and also in case the person against whom the action for damages is directed to be
brought as aforesaid is dead or has been adjudged bankrupt or cannot be found within the jurisdiction of
the High Court, then and in any such case such damages with costs of action may be recovered from the
Government; and
(b) in estimating the damages the value of all buildings and other improvements erected or made
subsequently to the deprivation shall be excluded.
(a) any amount paid by the Government on account of any person who has absconded may be recovered from
that person at any time thereafter; and
(b) the Government shall be liable for such amounts only as cannot be recovered from the person liable as
aforesaid.
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(2) The summons under subsection (1) shall be served upon the registrar six clear days at least before the day
appointed for hearing the complaint of the owner or proprietor.
(3) Upon such hearing the registrar shall have the right of reply; and the High Court may, if any question of
fact is involved, direct an issue to be tried to decide the fact; and thereafter the High Court shall make such
order in the premises as the circumstances of the case require, and such order as to payment of costs and
fees as to it shall seem fit; and the registrar shall obey that order.
183. Actions for recovery of damages may be brought against the Government
Any person sustaining loss through any omission, mistake or misfeasance of the registrar or any other officer or
clerk in the execution of their respective duties under this Act or by any error, omission or misdescription in any
certificate of title or any entry or memorial in the Register Book or by the registration of any other person as
proprietor, and who is barred by this Act from bringing an action of ejectment or other action for the recovery of
the land, estate or interest, may, in any case in which the remedy by action for recovery of damages as herein
provided is inapplicable, bring an action against the Government for recovery of damages; in estimating those
damages, however, the value of all buildings and other improvements erected or made subsequently to the loss
or deprivation shall be excluded.
184. Persons sustaining loss by inaccuracy in Government survey may recover damages
Any person sustaining any loss or damage by any rectification of a certificate of title under this Act or by the
bringing of land under this Act, if the rectification or issue by which the loss or damage was occasioned was in
consequence of or justified by any inaccuracy in any survey or plan or description of land used upon any sale of
land by the Government or by the Uganda Land Commission or a district land board, then notwithstanding
sections 178 and 183, but without prejudice to the rights, if any, of that person under those sections, may in the
first instance and without any obligation to pursue the remedies provided by those sections, bring an action
against the Government for recovery of damages.
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person under those sections in the first instance and without any obligation to pursue the remedies
provided by those sections, bring an action against the Government for recovery of damages.
(2) Where the person referred to in subsection (1) has been party or privy to the application or dealing
referred to in that subsection, he or she shall be at liberty to join the Government as codefendant in any
action brought by him or her in respect of such loss or damage against any other person or persons who
has or have been party or privy to that application or dealing.
186. Person claiming may before action brought apply to registrar for compensation
(1) Any person sustaining loss or damage in any case in which he or she is entitled to bring an action to
recover damages against the Government may before commencing proceedings make application in
writing to the registrar for compensation, and that application shall be supported by affidavit.
(2) If the registrar admits the claim or any part of it and certifies accordingly to the Attorney General, the
Minister may thereupon, if he or she thinks fit, authorise payment by the Secretary to the Treasury of the
amount so certified.
(2) The plaintiff in any such action at whatever time it is brought, and the plaintiff in any action for the
recovery of land, shall have judgment entered against him or her in any case in which the deprivation
complained of has been occasioned through the bringing of land under the operation of this Act if it is
made to appear to the satisfaction of the High Court on the trial of the action that the plaintiff or the
persons through or under whom he or she claims title had notice by personal service or otherwise or was
aware that application had been made to bring the land under the operation of this Act, and had wilfully
or collusively or negligently omitted to lodge a caveat forbidding that or had allowed the caveat to lapse.
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operation of this Act or in any application under Part V of this Act or in any other application to be
registered under this Act as proprietor of any land, lease or mortgage, or suppresses or conceals or assists
or joins in or is privy to the suppressing, withholding or concealing from the registrar of any material
document, fact or matter of information, or wilfully makes any false affidavit or signs any false certificate
required under the authority or made or signed in pursuance of this Act, or if any person in the course of
his or her examination before the registrar wilfully and corruptly gives false evidence, or if any person
fraudulently procures, assists in fraudulently procuring or is privy to the fraudulent procurement of any
certificate of title or instrument or of any entry in the Register Book or of any erasure or alteration in any
entry in the Register Book, or knowingly misleads or deceives any person hereinbefore authorised to
require explanation or information in respect to any land or the title to any land under the operation of
this Act in respect to which any dealing is proposed to be registered, that person commits an offence and is
liable on conviction to imprisonment for a period not exceeding three years or to a fine or to both such
imprisonment and fine; and any certificate of title, entry, erasure or alteration so procured or made by
fraud shall be void as against all parties or privies to the fraud.
(2) Nothing in this section shall affect any remedy to which any person aggrieved or injured by any act is
entitled against the person who has committed the act or against his or her estate.
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Notwithstanding anything herein contained, where any application is made or document tendered for record or
registration by any person purporting to act as a legal practitioner on behalf of a client, the registrar shall not
entertain the application or accept the document unless that person is an advocate duly enrolled in the High
Court and the holder of an unexpired certificate entitling him or her to practise in the courts of Uganda; but
where the application is entertained or document accepted by the registrar in error, nothing in this section shall
invalidate or nullify the effect of any action of the registrar taken upon that application or acceptance.
(a) to obtain that acknowledgment the person lodging the documents shall fill in duplicate lists of the
documents upon printed forms supplied by the office of titles, one of which signed by that person shall be
retained by the office and the other bearing the signature of the officer receiving it shall constitute the
acknowledgment so to be given; and
(b) documents so lodged shall be returned only to the person who lodged them or to some person claiming
through or under him or her or authorised in writing by the person entitled to receive them.
198. Until official receiver or trustee registered, bankruptcy of proprietor not to affect
dealings
Until the application is made under section 197 and subject to the operation of any caveat which is lodged by the
official receiver or trustee, dealings by a bankrupt proprietor with land under the operation of this Act may be
registered, and thereupon shall not be affected by the adjudication.
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circumstances of every case; and any variation from those forms respectively in any respect not being
matter of substance shall not affect their validity or regularity.
(2) The registrar may in his or her discretion permit the use of a vernacular translation of any of the forms
mentioned in subsection (1).
(2) The registrar, on payment of the fee for the time being payable for a certified copy, shall furnish to any
person applying for it a certified copy of any certificate of title, caveat or registered instrument affecting
land under the operation of this Act; and every such certified copy signed by the registrar and
authenticated by the seal of the office of titles shall be received in evidence in any court or before any
person having by law or by consent of the parties authority to receive evidence as prima facie proof of the
original certificate of title, caveat or instrument and of all the matters contained or recited in or endorsed
thereon respectively.
(2) Any address of a person as entered in the Register Book may be used as his or her address for service.
(3) The address appointed in a caveat as the place at which notices relating to the caveat may be served shall
be the address for service of the caveator.
(4) The registrar shall cause a copy of each notice sent by him or her to be filed with a memorandum that it
was so sent, and the memorandum shall be sufficient proof that the notice was duly sent.
(5) The registrar shall on request in writing by a caveator amend or alter the address appointed in the caveat
at which notices may be served.
(6) When a notice is sent by letter posted to any person at his or her address for service and the letter is
returned by the post office, the registrar may if in the circumstances and having regard to the provisions of
this Act he or she thinks fit—
203. Rules
The Minister may make rules generally for carrying out the purposes and provisions of this Act, and the rules
may include the prescription of fees either in lieu of or in addition to those prescribed in the Twenty-second
Schedule to this Act and the fees to be charged by sworn valuers.
Form I (Section 9)
Application to bring land under the operation of the Registration of Titles Act
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I, ________________________ (insert name and addition), apply to have the land hereafter described brought under the
operation of the Registration of Titles Act, and I declare-
(1) That I am the owner of an estate in fee simple in possession in all that piece of land being ________________
which land contains ____________ (insert area) or thereabouts and is described in the document numbered
___________________ in the schedule to this document (or otherwise after the word “thereabouts” set forth a
sufficient description to identify the land)
(2) That the value of that land, including all buildings and other improvements on it, does not exceed shs.
______
(3) That there are no documents or evidences of title affecting the land in my possession or under my control
other than those included in the Schedule to this document.
(4) That I am not aware of any mortgage or incumbrance affecting that land or that any other person has any
estate or interest in the land in possession, remainder, reversion or expectancy (if there are any, add “other
than as follows” and set them out).
(5) That the land is _________________ occupied ______________________________ ( if unoccupied, prefix “un” to
“occupied”; if occupied add by whom and state the name and addition of the occupant and the nature of his or
her occupancy).
(6) That the names and addresses so far as known to me of the occupants of all lands contiguous to the land
are as follows—
______________________________________________________________________________
(7) That the names and addresses so far as known to me of the owners of all lands contiguous to the land are
as follows—
___________________________________________________
(If the certificate of title is not to issue to the applicant, add “And I request the certificate of title to be issued in
the name of” [insert name and addition].)
Notice
Application has been made to bring the land described in this notice under the Registration of Titles Act, on a
title claimed by possession (insert, if applicable, “as to part” ).
__________________________________________________________________________.
_________________________________________________________________________.
_________________________________________________________________________.
_________________________________________________________________________.
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I, ________________ (insert name and addition), apply to have the land hereafter described brought under the
operation of the Registration of Titles Act, and I declare—
(1) That I am the person inscribed in the land register kept pursuant to the Registration of Land Titles
Ordinance, 1908, as owner of all that piece of land being _______________________________ which land contains
___________________________ (insert area) or thereabouts and is described in ________________________ ( insert
“Public Lands” or “Mailo” as the case may be) Register Vol. __________ Fol. _______.
(2) That I am not aware of any mortgage or incumbrance affecting the land or that any person has any estate
or interest in the land in possession, remainder, reversion or expectancy (if there are any, add “other than
as follows” and set them out.)
(3) That the land is ___________________ occupied ( if unoccupied prefix “un” to “occupied”, if occupied add by whom
and state the name and addition of the occupant and nature of his or her occupancy).
Form 1
Certificate of title
Description of land
All that piece of land (or mailo land) delineated and edged red on the plan hereto annexed containing the
following area or thereabouts and situate as follows—
Ownership
____________________ (insert name and addition) is now the proprietor of an estate in fee simple (if not in fee simple,
state the nature of the estate and if the property is leasehold, say “of a leasehold estate for ______ years from the
_________ day of _________ ”) in the land (or mailo land) above described subject to the incumbrances ( if leasehold,
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Seal of Office
Registrar of Titles
Incumbrances
Form 2
District/Gombolola:
Part I - Property
Name or description:
All that piece (or an unascertained portion ) of ______________________ land situate and described above which is
indicated on the registry plan by the block and plot numbers written hereon.
Area in acres
Registrar of Titles
Part II - Ownership
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Form 3
District/Gombolola:
Part I - Property
Area: ____________________________________________________________________________________________acres.
Leasehold interest in all that piece of land situate and described above which is indicated on the registry plan by
the block and plot numbers written hereon.
Term: ______________________________________________________________________________________________
Premium: ___________________________________________________________________________________________
Rent: ______________________________________________________________________________________________
User:_______________________________________________________________________________________________
years from__________________________________________________________________________________________
per year____________________________________________________________________________________________
dated _________________________________
Registrar of Titles
Part II - Ownership
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Take notice that I, _____________________________ ( insert name and addition), claim __________________________
(particularise the estate or interest claimed ) in the land described as __________________ ( copy description from the
advertisement) in the advertisement relating to the application of ______________________ (state applicant’s name and
addition), and I forbid the bringing of that land under the operation of the Registration of Titles Act I appoint
___________________ as the place at which notices and proceedings relating to this notice may be served.
I, ____________________ (insert name and addition), apply for a vesting order vesting in me all that piece of land being
(describe land by reference to description in and volume and folio of existing grant, final mailo certificate or certificate
of title) which land is delineated and coloured red upon the plan numbered in the Schedule to this application for
an estate free from incumbrances (other than any special reservation, exception or condition in the grant, final mailo
certificate or certificate of title); and I declare—
(1) Set forth particulars of the possession on which the claim is based—
(b) the name of the person by whom the possession was commenced;
(c) the duration of his or her possession and the nature thereof; and
(d) the subsequent history and nature of the possession up to the time of lodging the application.
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(2) That there are no documents or evidences of title affecting such land in my possession or under my
control other than those included in the Schedule to this application
(3) That there are no mortgages or incumbrances registered on the abovementioned title except the following
—(Set out short particulars and state whether these mortgages or incumbrances have been extinguished or
ceased to affect the land and, if so, how)
(4) That except as aforesaid I am not aware of any mortgage or incumbrance affecting the land or that any
person other than myself has any estate or interest in the land (if there are any add “except” and set them
out)
(5) That the names and addresses so far as known to me of the occupiers of all lands contiguous to the land
are as follows—
(6) That the names and addresses so far as known to me of the owners of all lands contiguous to the land are
as follows—
(7) That the present value of the land, including all improvements on it, does not exceed shs.
Form 1
Transfer of Land
I, __________________ ( insert name and addition of transferor), being the registered proprietor of the lands comprised
in the above-mentioned folio in consideration of the sum of shs ___________ paid to me by ______________ (insert
name and addition of transferee) on or before the execution of these presents the receipt of which I acknoweldge
hereby transfer that land (if the land leased is part only of the land comprised in the certificate of title, set forth the
description and refer to a plan) to _________ (name of transferee) to hold to the ______________ ( name of transferee) for
all my estate and interest in the land.
Freehold Register
Leasehold
Vol. ______ Fol. ______
Mailo
Form 2
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Freehold Register
Mailo
Vol. _______ Fol. _______
The following covenants by the lessee are to be construed according to section 104 of the Registration of Titles
Act—
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1. The lessee will The lessee, his or her executors, administrators or transferees will not during the
not transfer or term transfer, assign or sublet the premises leased or any part of the premises or
sublet. otherwise by any act or deed procure the premises or any part of the premises to be
transferred, assigned or sublet without the consent in writing of the lessor or his or
her transferees first had and obtained.
2. The lessee will The lessee, his or her executors, administrators or transferees will at all times
cultivate. during the term cultivate, use and manage in a proper and husband like manner all
such parts of the land as are now or shall hereafter with the consent in writing of
the lessor or his or her transferees be broken up or converted into tillage, and will
not impoverish or waste the land.
3. The lessee will The lessee, his or her executors and administrators or transferees will not cut down,
not cut timber. fell, injure or destroy any growing or living timber or timber-like trees standing and
being upon the land without the consent in writing of the lessor or his or her
transferees.
4. The lessee will The lessee, his or her executors, administrators or transferees will in every _______
paint outside every year during the continuance of the term paint the outside woodwork and ironwork
______year. belonging to the leased property now or usually painted with two coats of proper oil
colours in a workmanlike manner and also whiten or colour such outside parts of
the premises as are now whitened or coloured respectively.
5. The lessee will The lessee, his or her executors, administrators or transferees will in every _______
paint inside every year during the continuance of the term paint the inside wood, iron and other work
_______year. now or usually painted with two coats of proper oil colours in a workmanlike
manner, and also whiten or colour such inside parts of the premises as are now
whitened or coloured respectively.
6. The lessee will The lessee, his or her executors, administrators or transferees will not convert, use
not use the or occupy the premises or any part of the premises into or as a shop, warehouse or
premises as a other place for carrying on any trade or business, or permit or suffer the premises or
shop. any part of the premises to be used for any such purpose or otherwise than as a
private dwelling house without the consent in writing of the lessor or his or her
transferees.
7. The lessee will The lessee or his or her executor, administrators or transferees will not at any time
not carry on any during the term use, exercise or carry on or permit or suffer to be used, exercised or
offensive trade. carry on, in or upon the premises or any part of the premises any noxious, noisome
or offensive art, trade, business, occupation or calling and no act, matter or thing
shall at any time during the term be done in or upon the premises or any part of the
the premises which shall or may be or grow to the annoyance, nuisance, grieve,
damage or disturbance of the occupiers or of the adjoining lands and properties.
Freehold Sublease
Leasehold
Vol. ____ Fol. ____
Sublease
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I, ___________________________________ (insert name and addition), (hereafter called the sublessor ), being registered as
the proprietor of a leasehold estate in the land comprised in Vol. _______________ Fol. ____________________ of the
Leasehold Register, hereby sublease to (insert name and addition) (hereafter called the sublessee) all that piece of
land being the land/part of the land comprised in that folio (if only a part, set forth the description and refer to a
plan) to hold to the sublessee for the term of _________________ (insert term of sublease), at the clear yearly rent of
shs ___________ payable _____________ (insert terms of payment) subject to the covenants and powers implied under
the Registration of Titles Act, (unless hereby negatived or modified) and also to the covenants and conditions
hereafter contained (here set forth any special covenants and conditions ).
The following covenants by the sublessee are to be construed according to section 104 of the Registration of
Titles Act—
Freehold Register
Leasehold
Vol. ______ Fol. _____
Mailo
Form A
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Freehold Register
Leasehold
Vol. ______ Fol. _______
Mailo
Form B
Freehold Register
Leasehold
Vol. _________ Fol. ________
Mailo
Form C
Freehold Register
Leasehold
Vol. _____ Fol. ______
Mailo
Form D
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Freehold Register
Leasehold
Vol. _____ Fol. ____
Mailo
Caveat forbidding registration of any change in proprietorship or any dealing with estate or
interest
To the Registrar of Titles.
Take notice that I, ____________ ( insert name and addition), claim _____________ (specify the estate or interest claimed )
in the land/part of the land comprised in the above folio, and I forbid the registration of any person as transferee
or proprietor of land of any instrument affecting the estate or interest until after notice of such registration given
to me at the address hereafter mentioned or unless the instrument is expressed to be subject to my claim or
unless I consent in writing thereto (as the case may require).
I appoint ______________________ as the place at which notices and proceedings relating to this caveat may be
served.
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Signature of person taking the declaration of the attesting witness ( set out qualification)
I, __________________________ (insert name), apply to have the Vol. __________ Fol. __________ amended in the following
particulars—
_________________________________________________________________________________________
(State the nature of proposed amendment, and, in a case in which the description is erroneous or imperfect on the face
of it, add the words “on the ground that the is erroneous or imperfect on the face of it”) and I declare—
1. That the land which would be described by ____________________________________ the 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 ______________________________.
2. That the nature of that occupation was as follows— ( State generally how and by whom the land has been
occupied, as for instance, “by myself as a farm and dwelling; by my tenants
__________________________________________, and __________________________________________________, as shops”; or
“partly by me as a dwelling, and partly by my tenant, ____________________________________________________, as a
shop”).
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—
___________________________________________________________________________________________________
___________________________________________________________________________________________________
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—
___________________________________________________________________________________________________
___________________________________________________________________________________________________
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— (set out reasons).
____________________________________________________________________________________________________
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_____________________________________________________________________________________________________
____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
(state the nature of the proposed rectification, and mention the volume and folio of every grant, final mailo certificate
or certificate of title and the name of every registered proprietor whose title would be affected by the proposed
rectification);
and I declare—
1. That to the best of my knowledge and belief the discrepancy between the description in my
__________________________________ and that in the other titles above mentioned is due to error in survey or
misdescription, and has arisen (give the supposed cause of discrepancy, or state that the applicant is unable to
assign any specific cause for the discrepancy).
2. That the title to the land affected by the proposed rectification has never been in contest between me or as
I believe any one from whom I claim and any other person in any proceeding in any court of law or equity
3. That the land described in my ________________________________ has been actually and bona fide occupied by
me and persons holding under me since _________________________________________________________.
_____________________________________________________________________________________________________________
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
(State generally how and by whom the land has been occupied, as, for instance, “by myself as a farm and
dwelling; by my tenants, as shops” or “party by me as a dwelling, and partly by my tenant, as a shop”).
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(fore) noon then and there to be examined at the instance of _____________ ( insert name and addition) concerning
_____________, and he/she is required to bring with him/her and produce at the time and place aforesaid
____________________ (describe documents) and all other writings and documents in his/her custody or power in
anywise relating to the premises.
Registrar of Titles
(2) All roads or ways adjoining or leading to or from the land sold or shown on the existing grant final mailo
certificate or certificate of title to the property the areas of which roads are not included therein shall be
deemed by the purchaser either to be appurtenant to the land or to have become public roads.
(3) The grant final mailo certificate or certificate of title to the property sold shall be produced, and a copy of
it may be made by the purchaser or his or her advocate on application in that behalf to the vendor or his or
her advocate, and the purchaser shall within fourteen days after the day of sale deliver to the vendor or his
or her advocate a statement in writing of all objections or requisitions (if any) to or on the title, or
concerning any matter appearing on the particulars or conditions, and in this respect time shall be of the
essence of the contract.
(4) All objections or requisitions not included in the statements to be delivered within the time specified in
paragraph 3 shall be deemed absolutely waived by the purchaser, and in default of such objections (if
none) and subject only to the objections (if any) so delivered, the purchaser shall be considered as having
accepted the title, and the auctioneer may pay over and deliver to the vendor all sums of money paid and
bills given to the purchaser on account of the purchase money without being liable to any action or other
proceeding for recovery of the money and bills.
(5) In case the purchaser shall within the time specified in paragraph 3 make any objection to or requisition
on the title or otherwise which the vendor shall be unable or unwilling to remove or comply with, and the
objection or requisition shall be insisted on, the vendor or his or her advocate may (whether he or she
shall have attempted to remove the objection or comply with the requisition or not, and notwithstanding
any negotiation or litigation in respect of the same) at any time, by notice in writing, annul the sale, and
within one week after giving the notice repay to the purchaser the amount of his or her purchase money or
so much of it as shall have been paid in full satisfaction of all claims and demands whatsoever by the
purchaser and also return all unpaid bills given by the purchaser, but without any interest, costs or
damages of any description.
(6) If any mistake is made in the description or area of the property, or if any other error whatsoever shall
appear in the particulars of the property, the mistake or error shall not annul the sale; but a compensation
or equivalent, to be settled by two arbitrators mutually appointed in writing, or their umpire, shall be given
or taken as the case may require.
(7) The party discovering the mistake or error shall give notice of it in writing to the other party within seven
days after the discovery, and each party within seven days after the notice shall appoint in writing an
arbitrator, and if either party shall refuse to appoint an arbitrator within that term, the arbitrator of the
other party alone may proceed in the matter and make the final decision.
(8) If two arbitrators are appointed they are to nominate an umpire in writing before they enter upon the
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business, and the decision of those arbitrators or umpire (as the case may be) shall be final.
(9) If the purchaser shall fail to comply with the above conditions, or shall not pay the whole of the deposit, or
shall not give the bills provided for by the contract, or shall not duly pay them or any of them, his or her
deposit money or so much of it as shall have been paid, shall be actually forfeited to the vendor, who shall
be at liberty without notice to rescind the contract and to resell the property bought by the purchaser by
public auction or private contract, and the deficiency (if any) in price occasioned by the sale, together with
all expenses attending it, shall immediately be made good by the defaulter at this present sale, and in case
of nonpayment the amount of the deficiency and expenses shall be recoverable by the vendor as and for
liquidated damages, and it shall not be necessary previously to tender a transfer to the purchaser, or the
vendor may deduct and retain the deficiency and expenses out of the amount of any of the before-
mentioned bills which shall then have been paid, repaying to the defaulter within seven days after the
completion of the sale the residue of such amount, but without any interest, and returning without any
unnecessary delay any then unpaid bills.
(10) The vendor will upon due payment of the full amount of purchase money sign a transfer of the property to
the purchaser, that transfer to be prepared by and at the expense of the purchaser.
(11) The purchaser shall pay or bear the expense of all stamp duties on or in respect of the bills provided for by
the contract and on the transfer to him or her.
(12) If the purchaser shall not give any bills but shall agree to pay the balance of purchase money by an
installment or installments the words “installment or installments of purchase money” shall be read in
these conditions instead of the word “bills”.
Shs.
(Unless otherwise
noted)
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12. On every application for the vesting of a lease or sublease in the mortgagee on 20000
refusal of the official receiver or trustee to accept it
14. On lodgement of any instrument or other document whose purpose is to deal 5000
with or effect more than one certificate of title, mortgage or lease, for each memorial
or entry after the first
15. For an application for a statement of grounds under section 182 20000
17. For perusal of a power of attorney, a memorandum and articles of association of a 5000
limited liability company, rules or byelaws of a charter or other written constitution
of a corporate body
18. For search of the Register Book where reference to volume and folio or block and 10000
plot is indicated
19. For search of the Register Book where reference to volume and folio or block and 10000
plot is not indicated
20. For certified copies of any certificate of title or registered instrument, per 2000
foolscap page or part of it
21. For every appointment to the position of sworn valuer under section 6 10000
22. For any act, matter or thing not hereinbefore provided for 10000
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