The court ruled that the Commissioner exceeded his statutory powers by relying on a consent decree to cancel titles held by a person who had not participated in the proceedings and against whom no fraud had been alleged.
A landmark High Court ruling has quashed the cancellation of three land titles belonging to businessman Migadde Habib, with the court finding that the Commissioner of Land Registration acted illegally, irrationally and in breach of the rules of natural justice.
In a ruling delivered on July 24, 2026, Acting Judge Bonny Isaac Teko granted orders of certiorari and mandamus, nullifying the Commissioner’s March 6, 2023 decision to cancel Habib’s certificates of title for Busiro Block 411 Plots 348, 780 and 520 in Ssisa, Wakiso District. The court further directed the Commissioner to reinstate the titles within 45 days.
The dispute arose after the Commissioner of Land Registration received a complaint from Patrick Muwanga, administrator of the estate of the late Asafu Nambigya, alleging that the subdivision of Busiro Block 411 Plots 84 and 85 had been carried out using forged letters of administration. Acting on a consent decree issued in an earlier civil suit, the Commissioner cancelled titles that had been created from the original land and reinstated the initial entries in the land register.
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Habib challenged the decision through judicial review, arguing that he had lawfully purchased the land from the estate of the late Erifazi Ntumwa in 2012 and was neither involved in nor aware of the alleged fraud in the earlier transactions. He also maintained that he had not been a party to the consent judgment that formed the basis of the cancellation of his titles.
Justice Teko held that Uganda’s principle of indefeasibility of title protects innocent purchasers for value who are not implicated in fraud. The court ruled that the Commissioner exceeded his statutory powers by relying on a consent decree to cancel titles held by a person who had not participated in the proceedings and against whom no fraud had been alleged.
The judge further found that although notices had been issued and a public hearing held, the administrative process fell short of the constitutional requirement for a fair hearing. The court observed that the Commissioner proceeded with the cancellation despite the existence of a pending application challenging the consent decree on which the decision was based, undermining procedural fairness.
While restoring Habib’s titles, the court declined to determine the ultimate ownership of the disputed land, noting that Patrick Muwanga and other interested parties had not been joined in the judicial review proceedings. Justice Teko directed that any dispute over ownership should instead be resolved through substantive civil proceedings involving all affected parties.
The court also dismissed Habib’s claims for general and exemplary damages, reasoning that although the Commissioner’s actions were unlawful, the office had acted while implementing what appeared at the time to be a valid court decree. Costs of the application were, however, awarded against the Commissioner of Land Registration.
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