Professional Documents
Culture Documents
The aforementioned title also bears the date and time of registration and the instrument number
as per Section 48 of the Registration of Titles Act that provides for instruments to be entitled to
priority according to the date of registration.
According to this land title, the Registrar of Titles registered Minaani Wamala p.o.bukerere mko-
99124123 date of 04.01.1999 at 8:00am and the second registration was Eva Asiimwe p.o.box
120 kyambogo date of 14.05.1999 at 11:30am the third registration was Nicole kansiime of
p.o.box122 mukono (Adm. of the estate of the late Eva Asiimwe Adm.cause no.567/2000 of high
courtof Uganda at Mulongo the date 12.06.2009 at 10:40am. Under Section 166 of the
Registration of Titles Act, the Registrar has the power to carry out order vesting trust estate to
any person who appears to the High Court to be a trustee of that land, estate or interest within the
meaning of the law. The fourth registration was for Moses odeke and festive okurut C/O p.o.box
1356 Kampala the date of 15.10.2009 at 9:45am and signed by okello put
ii) WHAT PRACTICAL STEPS WILL YOU TAKE TO ENSURE THAT THE
LAND IS FREE OF INCUMBRANCES? (20 MARKS)
According to section 145 RTA cap 230. Provides When a caveat has been withdrawn under
section 139, or has lapsed under section 140, or has otherwise ceased to affect the lands or any
interest in the lands in respect of which it was originally lodged, the registrar shall cause the
caveat to be removed from the Register Book and shall enter in the margin of the original entry
of the caveat the date of that removal.
The following are the steps taken to ensure that the land is free of encumbrance.
Step 1
The Applicant must have in his/her possession an embossed letter called
‘Withdrawal of Caveat’ or ‘Removal of Caveat’, one passport photo, description of
the land affected, and general receipts of payment of stamp duty and registration
fees.
.
Step 2
The Applicant presents the documents together with a photocopy of the same, to
Department of Land Registration for processing. The Photocopy is stamped
‘Received’ and returned to the Applicant.
Step 3
The Applicant checks with the Department of Land Registration after 10 working
days for the 60 days Notice to the person who placed the Caveat, to show cause
why the caveat should not be removed. Notice to the Caveator is posted and a
receipt obtained, that is placed on the file
Step 4
The Applicant writes a letter notifying the Land Office that the 60 days have ended
(lapsed) without communication from the person who placed the caveat and
therefore seeking removal of the said caveat.
Step 1
The Applicant must have in his/her possession an embossed letter called ‘Withdrawal of Caveat’
or ‘Removal of Caveat’, one passport photo, description of the land affected, and general receipts
of payment of stamp duty and registration fees. .
Step 2
The Applicant presents the documents together with a photocopy of the same, to Department of
Land Registration for processing. The Photocopy is stamped ‘Received’ and returned to the
Applicant.
Step 3
The Applicant checks with the Department of Land Registration after 10 working days for the 60
days’ Notice to the person who placed the Caveat, to show cause why the caveat should not be
removed. Notice to the Caveator is posted and a receipt obtained, that is placed on the file
Step 4
The Applicant writes a letter notifying the Land Office that the 60 days have ended (lapsed)
without communication from the person who placed the caveat and therefore seeking removal of
the said caveat.
Step 5
The Applicant checks with the photocopy stamped on ‘Received’ at the Department of Land
Registration after 10 working days to confirm that the caveat has been removed from the
Register.
Documents required: Letter seeking removal of Caveat, one Passport photograph, Evidence to
show Postage to the Caveator and General receipts of Payment. Fees paid: Stamp duty- 5,000/=
and Registration fees – 10,000/=.
Application letter.
M/s MULEMA SADAT & Co.
ADVOCATES
P.O.BO BOX 212, LIRA
11th March 2022
TO THE REGISTRAR OF TITLES
MUKONO DISTRICT
Dear Sir/Madam,
RE: APPLICATION FOR REMOVAL OF A CAVEAT ON LAND SITUATED AT
MUKONO BLOCK 185 PLOT 1125
We act for and on behalf of our client, ZUBEEDA NTUUYO. Upon whose express instructions,
we write to you as follows;
That our client is desirous to purchase the land whose particulars are stated here in above. In the
circumstances, we kindly request your office to remove the said caveat on the land because the
said mortgage to the caveate has been settled with the caveator (JONAH ONDONGAKARA C/o
advocates M/s Basement & Co. Advocates, MTN House, POBOX 6788 KAMPALA) we so that
can diligently advise our client. The requisite fees have been paid.
We shall be most obliged.
…………………………………………………
M/s MULEMA SADAT & CO. ADVOCATES
I) DRAFT THE SUITABLE POWER OF ATTORNEY AND AGREEMENT OF
PURCHASE OF THIS LAND FOR MS. ZUBEEDA NTUUYO. (30 MARKS)
S. 146 (1) RTA, the proprietor of any land may appoint any person to act for her in transferring
person to act that land by signing a power of attorney in the prescribed form in the 16th schedule.
S. 146 (2) RTA, 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 section shall diminish
the force and effect of any power of attorney if registered after the expiration of that period of
four months.
S.147 (1) the power of attorney should be signed by and attested and that witness may be an
advocate.
S.148 (a) the signature of the parties should be in Latin character.
S.3 Of The Registration Of Documents Act the registrar shall keep a register of documents and
register it in the manner provided for all documents to be registered S,5 and 6.
Procedure to effect transaction using Powers of Attorney
Draft a power of attorney by filling out the form in the 16th schedule to the RTA.
Registering the power of attorney in accordance with registration of documents act (S.146 (2)
RTA).
If registered within four months, it will be presumed to be in force at the time of its registration
The power of attorney has to be attested to by a witness within (S.147 (1) (a) or without the
limits of Uganda sec 147(1) (b) RTA.
The power of attorney should be signed in Latin character (S.148 RTA).
Sidpra V Uganda Rehabilitation Development Association HCCS 199/93 held that power of
attorney has to be strictly interpreted and where there is no authority given to the holder of power
of attorney to institute a suit then he cannot purport to do so. An attesting witness has to give his
particulars for the power to be valid.
M/S Ayigiyugu 2 Co. Advocates V Muteteri Munyankindi (1988-1990) HCB held that the
holder of power of attorney ought to take proceedings in the names of the donor/owner of the
property.
Fees to effect transfer of land.
Search- 10,000/= (registration of titles fees) amendment rules of 2005
Transfer forms (lodgment- 10,000/+ (Reg of Titles fees) amendment rules 2005.
Issuance of new certificate-____ 10,000/=
For every transfer (stamps amendment) act No.12 of 2003. 1% of the total value
Legal Fees Advocates (Remuneration and Taxation of Costs) Regulations.
Forum
1. Chief Government valuer
2. URA Stamp duty (1.5% of the purchase value)
3. District Land office registration fees
4. Comm. Land registration, land registries (lodgment and transfer)
I Ms. ZUBEEDA NTUUYO, appoint FARIDA GULIKO my attorney to sell to any person all
or any lands, lease or mortgages now belonging to me or which shall hereafter belong to me
under The Registration Of Tittles Act, or of which I now or shall hereafter be the proprietor
under the Act.
Generally to execute, do and perform all things requisite or necessary to be executed, done and
performed on or about the execution of this power of attorney in accordance to the true and
interest and meaning thereof.
I do hereby undertake to ratify whatever our Attorney lawfully does or causes to be done by
virtue of this Power of Attorney.
IN WITNESS WHEREFORE; I the said ZUBEEDA NTUUYO, hereto affix my land
Dated this 29th day of October 2016
Signed and delivered by the said: ____________________________ Donor
_______________________Donee
In the presence of_______________________