C-News Bureau Chief
KAMPALA – To combat the widespread fraud in the processing of special certificates of title, the Ministry of Lands, Housing, and Urban Development has implemented additional administrative measures, as articulated by Acting Commissioner of Land Registry, Baker Mugaino. These measures include the requirement of a Police Report confirming the loss of title and the physical appearance of Registered Owners for identification purposes, presenting their National Identity Cards/Passports, and Local Council One introduction letters.
In a memo dated March 26, 2024, addressed to all registrars of titles, Mugaino outlined further protective measures initiated by the Land Information System (LIS). These measures involve “sending message alerts to registered addresses and phone numbers of registered owners and establishing a linkage with the National Identification and Registration Authority (NIRA) to identify registered owners through their National Identification Numbers (NIN).”
Acknowledging the potential limitations of relying solely on the Uganda Gazette for public notification, Mugaino suggested supplementing this requirement with newspaper adverts of wide circulation to enhance awareness and encourage objections.
“However, I have noted that although the law specifically requires for “Gazette Notice”, not so many Ugandans read the Uganda Gazette. To this end, it may be argued that the risk mitigation measure of informing the world about the application may not be effectively adequate,” he said.
Additionally, Mugaino directed that any physical objections to the creation of a Special Certificate of Title should be directed to the respective MZO Registrar of Titles who issued the notice. This decentralized approach aligns with the Ministry’s policy on land registration, aiming to expedite the process and minimize delays associated with centralized administration.
Mugaino highlighted Section 70 of the Registration of Titles Act, Cap.230 (R.T.A), which grants rights to individuals holding custody of a certificate of title and possessing knowledge regarding the circumstances of its loss to apply for a Special Certificate of Title. However, he noted instances of abuse of this provision, resulting in fraudulent activities such as the application for special certificates of titles on mortgaged properties to undermine bank interests, impersonation of registered proprietors by fraudsters, and the fraudulent sale of land to multiple parties followed by the acquisition of Special Certificates of Title to invalidate purchasers’ interests.