LAND LAW

The right conferred to individuals by section 64 of the registration of tittles ACT CAP 230 (Uganda) is non derogable discuss the veracity of the statement.
the principle of indefeasibility of tittle is the second essential feature of the torrens system.
indefeasibility means that such a cliam cant be annulled or made void.
section 59 of the registration of tittle Act is to the effect that once a person acquires a tittle/interest on land no one can challenge his proprietorship.
in lwanga vs registrar of tittles
it was held that salongo was a bonafide purchaser for value,since he was registered,his tittle was indefeasible not withstanding katumbas fruad.
this principle of indefeasibility of tittle is an essential feature and operates around three principles:
1.mirror principle which indicates whatever is on the register book is a reflection of the tittle as it is .
2.curtian principle which is to the effect that once one acquires tittle ,its conclusive .
3. indemnity which is all about compensation in case of fraud,errors or taken away refer to article 26 of the 1995 constitution (republic of Uganda) on due compensation.
section 64 of the registration of tittle 230 is to the effect that once a person is registered as a proprietor of an estate or interest in land,the government gaurantees that his tittle can not be attacked by rival cliams to the same piece of land.
the principle of indefeasibility however is subjected to certian exceptions which are either created by statute or exercise of authority thus the certification of tittle may not be conclusive evidence as to ownership more especially when the below exceptions are advanced as to acquistion:
1.fraud- this is the knowledge as to misrepresentation of the truth or the concealment of a material fact to induce another to act on his detriment.
in lusweswe vs kasule and another
the judge held there was sufficient circumstantial evidence to establish fraud.
2.public right of way and easements.
this is where a way is benefiting the  whole public
in makumbi and another vs purni singh ghana and anor (1962) EA 331
it was held that the plaintiff had proved the existence of a public foot path and was entitled to damages.
3.adverse possession-the defendant being a bonafide occupant under section 29(2) of the land Act.
where the proprietor does not eject the intruder within 12 years ,he forfeits his right.
in kisee maweu vs kiu ranching and coop society
court found in favour of the appellants who had stayed on land since 1933.
4.where theres lease,licences and other authorities granted by the minister
5.when land included is /was by wrong description
in rwamutatitri vs kamono(1978) HCB 300
though dismissed on technicalities the party was advised to file a fresh proceeding foe ejectment under section 184 (d) of the registration of tittles act.
6.overiding statutory exceptions such as in the access to road Act section 8 which empowers the land lord with out access to apply to court for a right of way over a registered proprietor.
in katarikawe vs katwiremu and another
it was held that taking possession of tittle deeds by the purchaser is insufficient to protect an interest unless a caveat is lodged refer section 187(2) of the RTA
7.interest of any tenant on the land
a tenant whose possession is not adverse previals over the tittle of a registered proprietor even though his or her interest is not entered as an encumbrrnce on the register  book.
in uganda post and telecomunications vs lutaaya
it was held that the respondent registered lease hold was subject to appellants tittle acquired by possesion with the consent of the land lord proir to the lease hold.
8. judicial powers can also limit the indefeasibilty of tittle.
in fraser vs walker the privy council maintianed that the torrens system in no way did limit the power of court to act on a cliam in personum against a registered proprietor found in law or equity.
9.emcumbrences notified on the folium the register book acts as a mirror what ever is on it will be reflected as to be real.
in conclusion Article 237 of the 1995 uganda constitution provides that land in uganda belongs to the citzens and shall vest in them in accordance with the tenure systems provided therein.
though there exceptions as narrated above,the law provides for remedies like ejectment,damages ,compensations to mention a few.