This Decree was repealed on 2018-12-14 by Chattels Securities Act, 2014.
Uganda
Chattels Transfer Act
Chapter 70
- Commenced on 12 January 1978
- [This is the version of this document at 31 December 2000.]
- [Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
- [Repealed by Chattels Securities Act, 2014 (Act 7 of 2014) on 14 December 2018]
Interpretation
1. Interpretation
In this Act, except where the context otherwise requires—2. Attornment or agreement giving power of distress by way of security to be instrument within meaning of this Act
Registration of instruments
3. Registrar and area registrars
The Minister shall, for the purposes of this Act, appoint a registrar for the whole of Uganda and area registrars for each area.4. Registration of an instrument to be notice to all persons
All persons shall be deemed to have notice of an instrument and of the contents of the instrument when the instrument has been registered as provided by this Act.5. Persons who may present an instrument for registration
An instrument shall be presented for registration either by the grantor or grantee or by the agent of that person to the registrar or the area registrar, as the case may be, of the area where the chattels comprised in the instrument are wholly or in part situated.6. Mode of registration
Registration of an instrument shall be effected—7. Limitation of time for registration
8. Register book and index to be kept
9. Registration fee
10. Central Register Book, etc.
11. Power to extend time and rectify omissions
Searches and office copies
12. Search of register book and instruments
The register books and indexes hereinbefore provided for, and every instrument registered as aforesaid or the filed copy or abstract of the instrument, may be searched and inspected by all persons during office hours upon payment of a fee of five shillings for every search against any one person.13. Office copies
Any person shall be entitled to have an office copy or an extract of or from any instrument with the schedules filed with it, or of or from the copy or abstract thereof registered or filed as aforesaid, and an office copy of any affidavit filed under this Act, on paying for it at the rate of two shillings for every folio of one hundred words contained in the copy, abstract or extract or, if he or she makes the copy, abstract or extract himself or herself, the registrar or area registrar, as the case may be, shall, upon satisfying himself or herself that the copy, abstract or extract is correctly made, certify it upon payment of a fee of twenty shillings for each instrument, abstract or extract therefrom, and of one shilling for every folio of one hundred words after the first ten folios.Effect of nonregistration, etc.
14. Attestation and registration
Every instrument shall be—15. Instruments not duly attested and registered to be void, etc.
An instrument not duly attested or registered shall be void, except as against the grantor, in respect of the chattels comprised in the instrument.16. Order and disposition
Chattels comprised in an instrument which has been duly registered under this Act shall not be deemed to be in the possession, order or disposition of the grantor, within the meaning of the Bankruptcy Act.17. Order of priority in case of two registered instruments
In case of two or more instruments, comprising in whole or in part any of the same chattels, they shall have priority in the order of the time of their registration respectively as regards those chattels.18. Form of instrument
Every instrument made under this Act may be in Form 3 of the First Schedule to this Act or to the like effect with such variations or modification of and additions to it as are expressed in the instrument.19. Instrument to take effect from registration
Every instrument shall be deemed to be made on the day on which it is executed, but shall take effect from the time of its registration.20. Instrument to have inventory of chattels
Every instrument shall contain or shall have endorsed on it or annexed to it one or more schedules containing such description of the chattels comprised in the instrument as is required by this Act, or if no description is so required, then such description as is reasonably sufficient to make the chattels capable of identification, and except as is expressly provided by this Act, shall give a good title only to the chattels so described and shall be void, except as against the grantor, in respect of the chattels not so described.21. Instrument not to affect after-acquired chattels
Except as is otherwise expressly provided in this Act, an instrument shall be void, except as against the grantor, in respect of any chattels specifically described in a schedule contained in, endorsed on or annexed to the instrument, of which the grantor was not the true owner at the time of the execution of the instrument.22. Instrument subject to defeasance, etc.
23. Chattels acquired in substitution
Nothing contained in section 20 or 21 shall prevent the parties to provide in the instrument that the grantor may acquire any chattels in substitution for all or any of the chattels described in a schedule to the instrument, and where such substitution is effected, the chattels so substituted shall be deemed to be chattels comprised in that schedule.24. Instrument securing current account
An instrument securing a current account shall continue in full force and effect notwithstanding that the grantor may, from time to time, be in credit on that account.25. Saving of laws prescribing formalities as to execution of instruments or securing rights under the instruments
Nothing in this Act shall be deemed to affect any law for the time being in force—(a)prescribing any formalities to be observed concerning the execution of instruments within the meaning of this Act; or(b)conferring or securing any rights or claims under or in respect of any such instrument.Instruments comprising stock
26. Stock to be described
Where stock are comprised in any instrument, they shall be described or referred to in the instrument or in a schedule to it by some brand, earmark or other mark upon them or shall be so described or referred to by sex, age, name, colour or other mode of description as to be reasonably capable of identification; and the land or premises on which the stock are or are intended to be depastured or kept shall be described or mentioned in the instrument or schedule.27. Stock to include increase of stock, etc.
Assignment of book and other debts
28. Book debts
29. Assignments of monies payable to suppliers of dairy produce
Securities over crops
30. Security may be given over crops
An instrument may be granted over the crops described or referred to in the instrument or in a schedule to it then actually sown or growing or planted or to be sown or grown or planted in or upon the lands mentioned in the instrument, and shall entitle the grantee of the instrument to the whole of the crops mentioned in the instrument, not only while growing but afterwards when cut or separated from the soil, and whether stacked or stored on the land where they were grown or on any other land or premises, or whether the nature of the crop has been altered by a process of curing or manufacture.31. Rights of landlord or mortgagee
Securities over wool
32. Security may be given over wool
An instrument may be granted over the wool of the next ensuing clip to be shorn from the sheep described or referred to in the instrument or in a schedule to it, then depasturing upon the lands mentioned in the instrument or in the schedule, and shall entitle the grantee of the instrument to the wool of such sheep, not only while growing but afterwards when shorn from the sheep, and wherever the wool may be.33. Wool securities not affected by sale, etc. of sheep
No subsequent sale, mortgage or other encumbrance of or affecting the sheep mentioned in any such instrument shall extinguish, suspend, impair or prejudicially affect that instrument if duly registered, or the rights of the grantee of the instrument to the wool specified or referred to in the instrument.34. Security may be given over wool of mortgaged sheep
The grantor of any instrument over sheep may, with the consent in writing of the grantee of the instrument, give to some third person a valid security on the next ensuing clip of the wool of such sheep.35. Further provision as to security given over wool
Memorandum of satisfaction
36. Filing of memorandum of satisfaction, etc.
37. Effect of filing a memorandum of satisfaction
On and after the filing of a memorandum of satisfaction, the debt or charge created by the instrument shall be vacated to the extent specified in the memorandum, and the interest of the grantee of the chattels expressed to be discharged shall vest in the person for the time being entitled to the equity of redemption therein, insofar as such interest is expressed by the memorandum of satisfaction to be determined, and subject to any lien or equity affecting the chattels.38. Public trustee may sign memorandum of satisfaction
39. Registrar or area registrar may order memorandum of satisfaction to be filed, etc.
The registrar or the area registrar, as the case may be, may, on application made for that purpose, order a memorandum of satisfaction to be filed in respect of any instrument if it appears that the debt, if any, for which the instrument was given as security has been satisfied or discharged, or that the obligation for securing the performance of which the instrument was given has been performed; and thereupon, that order shall be entered in his or her book in the like manner as if the order were a memorandum of satisfaction within the meaning of section 36.Sales
40. Sale of chattels with land
Chattels or any part of the chattels under this Act may be sold along with or separately from land, if any, mortgaged to secure payment of the same monies as are secured by any instrument under this Act.41. Manner of exercising power to sell
Where an instrument expressly or impliedly gives power to the grantee to sell all or any of the chattels comprised in it without applying to court, the sale shall be by public auction, unless the grantor and encumbrancers subsequent to the grantee, if any, consent to a sale by private treaty.42. Grantor’s interest in chattels may be sold in execution of judgment against him or her
43. Interpleader process not affected by the Act
Nothing in section 42 shall be deemed to affect the right of an execution creditor to test the validity of any instrument by interpleader process.Implied covenants, etc.
44. Covenants for title
There shall be implied in every instrument the covenants for title on the part of the grantor set forth in the Second Schedule to this Act, and the implied covenants shall have the same effect as if they were respectively set out at length in the instrument.45. Covenants, etc. implied in instruments
There shall be implied in every instrument the covenants, provisos, agreements and powers set out in the Third Schedule to this Act, or such of them as are applicable; and those implied covenants, provisos, agreements and powers shall, subject to any modifications of them expressed in the instrument, have the same effect as if they were respectively set out in the instrument at length.46. Meaning of abbreviated expressions
Such of the expressions defined in section 1 as are used in any instrument, or in any of the covenants, provisos, agreements or powers implied in an instrument by this Act, shall, unless the contrary is expressed in the instrument, or unless manifestly inconsistent with the context, have the meanings given to them in that section, and those meanings shall be implied in the instrument as if they were set out in the instrument.47. Covenants to be several as well as joint
Where there are two or more grantors or two or more grantees of any instrument, then, any covenants, conditions, provisos, agreements and powers expressed in the instrument, or implied in it by this Act, and imposing an obligation on the grantors or grantees, or enuring for the benefit of the grantors or grantees, shall, except insofar as contrary intention appears, be deemed to impose the obligation, or confer the benefit, as the case may be, severally as well as jointly.48. Covenants to bind executors
Except insofar as the contrary intention appears, all covenants, conditions, provisos, agreements and powers expressed in any instrument, or implied in it by this Act, shall bind the executors, administrators and assigns of the person, or the successors and assigns of a company or corporation, upon whom the covenants, conditions, provisos, agreements and powers impose an obligation, and shall operate for the benefit of the executors, administrators and assigns of the person, or the successors and assigns of the company or corporation, for whose benefit they enure.49. Covenants may be negatived or varied
All or any of the covenants, provisos, conditions, agreements or powers set forth in the Second and Third Schedules to this Act may be negatived, modified or altered, or others may be added to them by express words in the instrument.Transfers of instruments
50. Form of transfer of instrument
Every instrument may be transferred by a document in the form set out in the Fourth Schedule to this Act or to the like effect, and every transferee, his or her executors, administrators and assigns shall, in respect of the instrument transferred, have the same rights, powers and remedies, and be subject to the same obligations, as the transferor.51. Registration of transfers
Transfers of instruments may be registered at any time after the execution of the instrument in like manner as instruments are registered; and, in case two or more transfers of any one such instrument are executed, a registered transfer shall have priority over an unregistered transfer; and, in case two or more transfers of any one such instrument are registered, priority shall be given to those transfers in the order of their time of registration.Offences and penalties, etc.
52. Defrauding or attempting to defraud grantee
Every grantor of an instrument under this Act who, by sale or delivery without the consent of the grantee of any chattels comprised in or affected by the instrument, or by any other means, defrauds or attempts to defraud the grantee of the chattels or any part of the chattels, and thus or by any other means directly or indirectly defeats, invalidates or impairs the grantee’s security over the chattels or attempts so to do, and every person who wilfully aids and abets any person in defrauding or attempting to defraud the grantee by defeating, invalidating or impairing the instrument or in attempting to do so, commits an offence and is liable to a term of imprisonment not exceeding six months or to a fine not exceeding two thousand shillings or to both.53. Regulations
The Minister may make regulations for carrying into effect the provisions of this Act.History of this document
14 December 2018
Repealed by
Chattels Securities Act, 2014
31 December 2000 this version
Consolidation
12 January 1978
Commenced