Ssajjabi v Namutebi Muyizzi and Another (Civil Appeal 25 of 2017)

Court of Appeal · [2020] UGCA 2155 · 2020 Appeal Dismissed ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Civil appeal from a High Court judgment cancelling the appellant's certificate of title for fraud

Decision

Appeal dismissed; trial Judge's cancellation of the appellant's certificate of title upheld (Madrama JA dissenting in part)

The full judgment

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Holding

The Court of Appeal upheld the trial Judge's finding that the appellant fraudulently procured the transfer of the suit land into his own names by instructing his father's advocates to draft a deed of donation in his favour and inducing his father to sign without reading it. Fraud, attributable to the transferee and proved to a heightened standard, deprived the appellant of the protection of his registered title under sections 59 and 176(c) of the Registration of Titles Act, justifying cancellation. The majority dismissed the appeal with costs. Madrama JA dissented in part, finding the 1996 deed vested only responsibility (an implied trust) in the appellant and partly allowing the appeal on grounds 5 and 7.

Facts

Samuel Muyizza, registered proprietor of land at Kyazanga (LRV 3012, Folio 10, Block 425, Plot 20), donated the land by deed in 1996 to Bikaali Christian Fellowship (the 2nd respondent), entrusting the appellant, then its pastor, to hold and develop it. After the appellant ceased being pastor, Muyizza in 1999 transferred responsibility to Pastor Bikaali John, while remaining registered proprietor. In 2006, the appellant introduced foreign sponsors who required proof the land belonged to the church. Muyizza instructed the appellant to have his advocates draft a formal deed of donation in favour of the church. Instead, the appellant instructed the advocates to draft the deed in his own favour, induced his father to sign without reading it, presented blank transfer forms, and registered the land into his own name. Muyizza sued for a declaration that the 2006 deed was invalid, cancellation of the certificate of title, and damages. The trial Judge found fraud proved, relying on the testimony of the donor (PW1) and the advocate (PW3).

Issues

Whether the deed of gift dated 15 May 2006 between the late Muyizza and the appellant was invalid.
Whether the appellant procured registration of the suit land into his names through fraud.
Whether the trial Judge properly evaluated the evidence on record.
Whether the trial Judge wrongly formulated and resolved his own issues, occasioning a miscarriage of justice.

Orders

This appeal fails and is hereby dismissed with costs to the respondents in this court and the Court below.
The findings of the learned trial Judge are maintained.

Key headnotes

Registration of Titles — Indefeasibility — Exception for Fraud Attributable to the Transferee

A certificate of title is conclusive evidence of the particulars contained in it and protects the registered proprietor from ejectment save in exceptional circumstances, one of which is fraud attributable to that proprietor which deprived another of an interest in the property.

Standard of Proof — Fraud in Civil Cases — Proof Heavier than Balance of Probabilities

Fraud must be attributable to the transferee and must be proved strictly, to a standard heavier than the balance of probabilities ordinarily required in civil cases.

Appellate Review — Duty to Re-appraise Evidence under Rule 30

The Court of Appeal is required under Rule 30 of its Rules to re-appraise the evidence of the trial court and come to its own conclusion.

Gift Inter Vivos — Formalities for Conveyance of Land — Implied Trust

A deed vesting only the responsibility for land in a named person, without formal conveyance to the intended beneficiary, may create an implied trust rather than transfer the legal estate, since a legal estate in land can generally be granted by deed only.

Legislation cited (8)

Registration of Titles Act Cap. 230 s.59
Registration of Titles Act Cap. 230 s.176(c)
Constitution of the Republic of Uganda 1995 art.237
Constitution of the Republic of Uganda 1995 art.237(5)
Law of Property Act 1925 (UK)
Public Lands Act 1969
Land Reform Decree 1975
Land Act 1998

Cases cited (4)

Standard Chartered Bank (U) Ltd v Grand Hotel (U) Ltd (Civil Appeal No. 13 of 1999)
Fr. Narcensio Begumisa and Others v Eric Tibebaaga (Civil Appeal No. 17 of 2002)
Uganda Breweries v Uganda Railways Corporation (Civil Appeal No. 6 of 2001)
Kampala Bottlers v Damanico (U) Ltd (Civil Appeal No. 22 of 1992)

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