Administrator general & Ors v Nabbosa & Anor (Civil Suit No. 486 of 1991)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The court held that the defendant fraudulently obtained a second parcel of land (Block 14 Plot 697, 0.47 acres) beyond what was devised to her under her father's will. The deceased's will clearly bequeathed Block 14 Plot 96 (0.82 acres) to plaintiffs 2–5. The subdivision of Plot 96 into Plots 697 and 698 and the issuance of a second certificate of succession to the defendant were not in conformity with the will and wrongfully deprived the rightful beneficiaries. The court ordered cancellation of the defendant's certificate and restoration of the original plot to plaintiffs 2–5.

Outcome

Certificate of title relating to Block 14 Plot 697 cancelled; original Block 14 Plot 96 restored to plaintiffs 2–5 in accordance with the will of the deceased

Facts

The late Joseph Ssetimba died leaving a will dated 5 June 1980. Under the will, he devised Block 14 Plot 97 (0.20 acres) at Ndeeba (Kibuye) Estate to the defendant, his daughter. He devised Block 14 Plot 96 (0.82 acres) at Ndeeba (Kibuye) Estate to plaintiffs 2, 3, 4 and 5, his other children, on which land their mother had erected a residential house during the deceased's lifetime. The Administrator General issued a certificate of succession No. 14160 dated 31 July 1987 to the defendant for Plot 97. The defendant, intending to defraud plaintiffs 2–5, misled officials of the Administrator General's office to alter the original distribution and subdivide Plot 96 into Plots 697 and 698. The defendant obtained a second certificate of succession (No. 14300) registered on 18 September 1987 under instrument No. Kampala 126352 and caused Plot 697 (0.47 acres) to be registered in her name under instrument No. Kampala 126751. The defendant entered appearance but did not file a written statement of defence and did not appear at trial. The case proceeded ex parte.

Issues

1. Whether the defendant was entitled to obtain a second parcel of land beyond that devised to her under her father's will.
2. Whether the subdivision of Block 14 Plot 96 and the issuance of a second certificate of succession to the defendant were fraudulent and contrary to the terms of the will.
3. Whether the certificate of title relating to Block 14 Plot 697 issued to the defendant should be cancelled and the original plot restored to the plaintiffs.

Orders

• Cancellation of the defendant's certificate of succession instrument No. 14300 registered on 18 September 1987 under instrument No. Kampala 126352.
• Cancellation of the certificate of title relating to Block 14 Plot 697 on the grounds that it was wrongfully and fraudulently obtained.
• The defendant to surrender to the Registrar of Titles the duplicate certificate of title relating to land comprised in former Mailo Register Kibuga Block 14 Plot 697 as to 0.47 of an acre at Ndeeba Kibuye Estate in the City of Kampala within 30 days.
• Restoration of the original Block 14 Plot 96 as to 0.82 of an acre to plaintiffs 2, 3, 4 and 5 in accordance with their father's will.
• All other alterations made which are not in conformity to the original distribution in accordance with the will to be corrected.
• All other registrations that were made not in conformity with the will and original distributions to be cancelled.
• Costs of the suit to the plaintiffs.

Rules and key headnotes

The original judgment as reported. Read the original PDF before relying on any passage.