Judgment No. SC 17/18 6
Civil Appeal No. SC 470/15
property were proved through registration of a cession at a local authority. In that case the
cedent had done all he was expected to do to transfer to the cessionary his rights in the property
which belonged to a third party.
In the Muwandi judgment this court dealt with cession of rights at the offices of a
local authority, which does not confer real rights. The first respondent holds personal rights
against the sellers but will on transfer get real rights over the property in dispute. He therefore
stands to lose rights superior to those of a cessionary.
It is apparent that the rights of a cessionary are inferior to the personal rights of the
first respondent, a purchaser of immovable property who is awaiting the transfer of real rights
in the property. This means the rights of the first respondent who has done all he is expected to
do to get transfer and has established the existence of special circumstances should also be
protected.
The similarities between the Muwandi case and this case are that in both cases the
registration of the cession and of title had not been effected due to circumstances beyond the
purchaser’s or cessionary’s control, after they had with the co-operation of the sellers done
everything they were expected to do to effect registration. They both deal with circumstances
where the seller had willingly co-operated with the purchaser to effect registration but
registration was not effected through no fault on the part of the seller and the purchaser. The
question which was answered in Muwandi and must be answered in this case is do these facts
constitute special circumstances which enable the court to protect the purchaser’s unregistered
rights in the property against execution by the seller’s judgment creditor.