Question 2

Discuss the relevance of the Torren System of land Conveyancing to land Transactions in
Uganda Today.
The Torren System of land Conveyancing was advocated for by Sir Robert Torren in which he
supported the break away from the private Conveyancing and Registration of deeds. The Torren
System is the system of Registration of Titles which operate in Uganda. It is defined as a system
for establishing title to real estate in which a claimant first acquires a certificate of title which
serves as a conclusive evidence of ownership. The Torren System operates on the principle of
title by Registration rather than Registration of Titles.
The Torren System provides protection of proprietary ownership of land by the citizens of
Uganda which is guaranteed under Article 237 and Article . The protection can also be enjoyed
by the Bonafide Purchaser for value as long as he or she is not connected to the fraud which the
person who sold to him or her might have committed. Such protection was conferred to the
purchaser in Lwanga v Registrar of Titles1
A certificate of Title with in the Torren System acts as conclusive evidence to undisputed
ownership of property2. In YelloyaslMulindwa v AG3, the Court upheld the Claimant’s right to
land on the evidence of a certificate of title produced and an eviction order was passed against
the trespasser who was the Police.
The certificate of Title with in the Torren System enhances and regulates creation of interests,
estates and rights in land. Section 544 provides that the instrument has to be registered in order
to effect passing of any legal title. Transactions like sale, leases, subleases, easements,
mortgages can be dealt with where they comply with the condition set forth by the Act. In
Zimbe v Kamanza5, it was held that no one can be the owner of land until statutory transfer has
been Registered. The Court in Ndigejerewa v Kizito Kubulamwana 6 held that land subject to
the registration of Titles Ordinances could only be transferred by the execution of instruments
in accordance with statutory requirement. In Souza Figurerdo v Panogo7, an unregistered
purchaser as the owner, can not distress to the lessee. However unregistered agreement
thought not operative in law, may creat equities between the parties.
The Certificate of the Title with the Torrens System can be relied upon in settling land disputes.
Section 548provides that where two or more instruments assigns by the same proprietor for
different parties, purporting to pass to pass interest in the same parcel of land to different
1
(1980) HCB 24
2
Section 59 of the Registration of Titles Act
3
[1985] HCB 70
4
Registration of Titles Act Cap 230
5
[1954] 7 ULR 68
6
[1953] 7 ULR 31
7
[1959] EA 756
8
The Registration of Titles Act Cap 230
parties, the registrar shall sign indoors and register the instrument presented with a duplicate
certificate of title. Legally, determining issues of competing priorities over a registered land is
simplified. Date of Registration prevails over a date of transactions. In the case of Ndigejerewa,
non of the parties had his transaction registered; their right could only be settled under equity.
In Hotel International Limited v The Administration Of Robert Kavuma9, a Caveat was lodged
to protect claimed interest. This ensures surety, authenticity and reliability than the deed
system.
A certificate of Title with in the Torren System facilitates securities on loans, mortgages, for
purposes of securing money without sale of land. These are reflected on the titles of the
registrar. According to Barclays Bank v Hulu Milers Co10., an equitable mortgage become legal
mortgage by deposit of mortgage deeds. In Mutambulire v Yusuf Kimera11, Court allowed the
plaintiff to redeem his land on the equity principle. “ Once a mortgage always a mortgage”
The Certificate of Title with in the Torren aids physical planning and discloses the location of the
land since details of each title are described as provided under Section 38 in 3rd Schedule12i
information such as block number, plot number, land area, situate in terms of district, or
county, ownership tenure, can be relied upon for public planning of cites, infrastructure roads
and other development and also the location of land.
The Certificate of Title with in the Torren System ensures security and insurance of tenure.
Since the system operate on the Central registry incase of laws or thefty or any other damage
to certificate of Title, a replacement can be made on application and with a fee. Where the
damage or error is on the side of the registry, a replacement or rectification can be provided.
The Certificate of land with in the Torren System provides conclusive evidence of Title
compared to Registration Title deeds because it registers all the interest to parcel of land and
Registrar acquires into the validity of services of the interest of the land.
The purchaser of land get a better Certificate of Title than that of a person from home he
purchased. This is because the defects of title and in regularities in previous conveyance
occurred once the state registers this conveyance to be issued to the purchaser, therefore, the
common law rule of Nemodat could no longer apply to the person who got a certificate of Title.

9
Civil Appeal No.3 of 1995
10
[1959] EA 540
11
Civil Appeal No.37 of 1972
12
The Registration of Titles Act Cap 230
i