The High Court in Kampala determined that the Minister for Lands lacks the authority to order the cancellation of land titles.    

High Court Judge Joyce Kavuma ruled that the Registrar of Titles can only cancel a title following the rules set out in section 88 of the Land Act and not the minister’s orders.  

The law provides that the registrar of titles can only cancel a certificate of title or instrument if it was issued in error, contains an illegal endorsement,  is illegally,  wrongfully obtained, or is illegally or wrongfully retained. The ruling follows an application to review the decision of the State Minister for Lands, Dr Sam Mayanja.

The Minister had ordered the cancellation of the land title belonging to Misbahu Din Muslim Community Limited.

Misbahu Din Muslim Community Limited sought the court to issue orders that the decisions and directives by the Minister of State for Lands in respect to two plots of land found at Naguru Drive were illegal, ultra vires to the Minister’s powers, and that they were unfair, irrational, null, and void.            

The application also sought a declaration that the actions of the minister amounted to an abuse of office and an affront to the rule of law.

“The Commissioner of Land Registration, while performing his duties under the above provision, exercises an independent function. The Commissioner of Land Registration is mandated under Section 88 of the Land Act Cap 236 to follow the procedure thereunder by conducting a public hearing in accordance with the rules of natural justice. If any person is aggrieved by the decision of the Commissioner of Land Registration, he or she can apply to the court to have the said decision set aside. This is a matter which ought not to have arisen at this stage because of the nature of the directives which have no force of law and are not binding on the Commissioner of Land Registration,” Judge Joyce Kavum ruled.

While responding to the application, the Attorney General, who was the respondent in the matter, said the minister never directed the Registrar of Titles to cancel the land, but that he had written to the Senior Presidential Advisor on Special Duties to follow up on the matter, and no action had been taken.

This, therefore, rendered the application for judicial review inoperative because there was no decision to review.     The court agreed with this reasoning, although it noted that even if the said directives had been acted upon, it would be illegal because the minister has no power to direct the cancellation of a title without following the laid down procedures.

“A claimant for judicial review must commence proceedings expeditiously, that is, promptly and in any event within three months, but he must not jump the gun. In the present matter, while it is true that the State Minister for Lands issued directives, the same were issued to a Senior Presidential Advisor and not the Commissioner of Land Registration. It is important to note that the said directives have not been acted upon,” reads the ruling.

The judge said there is no communication in the form of a letter or directive on the Court record to the Commissioner of Land Registration from either the Minister or the Senior Presidential Advisor directing that the said directives be implemented, or bringing to his attention the contents of the said letter.  

“Even if there was, the Commissioner of Land Registration has to act within the confines of the law by following the procedure under Section 88 of the Land Act to the letter,” the court ruled.

The state Minister for land, Sam Mayanja, has on many occasions issued directives to the Registrar of titles to cancel land titles whose owners he accuses of obtaining fraudulently.

Before him, Aida Nantaba Eriosi and Persis Namuganza, who also held the same portfolio, were also found issuing similar directives for the cancellation of titles, especially when there were wrangles between landlords and bibanja owners.

Source: URN