Wakilii

Akwero Getrude Alori v Teriyeitu Juvenal Joseph and Others (Civil Suit No. 249 of 2022)

High Court · [2025] UGHCLD 82 · 2025 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaration of ownership, cancellation of fraudulent title, and damages
Decision
Plaintiff's title reinstated; 1st defendant's name cancelled from register; general damages and costs awarded to plaintiff

Observed later treatment

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Holding

The High Court held that the plaintiff was the rightful owner of land comprised in Kyaddondo Block 221 Plot 481 at Naalya, having purchased it in 2003 and never sold it. The 1st and 2nd defendants fraudulently transferred the land using forged documents including sale agreements, transfer forms, and a false passport. The 1st defendant was not a bonafide purchaser for value because he purchased from a person who was neither a registered owner nor in possession, and failed to make inquiries from the plaintiff who was in actual occupation. The court ordered cancellation of the 1st defendant's name from the title, reinstatement of the plaintiff, and awarded UGX 30 million in general damages against the 1st and 2nd defendants.

Outcome

Plaintiff's title reinstated; 1st defendant's name cancelled from register; general damages and costs awarded to plaintiff

Facts

In 2003, the plaintiff purchased land comprised in Kyaddondo Block 221 Plot 481 at Naalya from National Housing and Construction Corporation for UGX 28 million. She was registered as proprietor on 19 June 2003 and took possession, leaving relatives as caretakers while she travelled abroad. In 2019, the 1st defendant attempted to evict her by filing Miscellaneous Cause No. 5 of 2019 at Nakawa Court, which was dismissed. Investigation revealed that the land had been fraudulently transferred to the 1st defendant based on forged documents including a sale agreement purportedly between the plaintiff and the 2nd defendant, forged transfer forms, and a forged passport. The plaintiff had never dealt with either defendant and retained possession of the duplicate certificate of title. The 1st defendant claimed he purchased from the 2nd defendant in 2018 and was a bonafide purchaser. The 2nd defendant claimed he purchased from the plaintiff. Neither defendant led evidence at trial.

Issues

  1. Whether the plaintiff is the rightful owner of the suit land or whether she sold the suit land to the 2nd defendant.
  2. Whether the 1st defendant is a bonafide purchaser for value of the suit land.
  3. Whether the 3rd defendant diligently effected transfer of the suit property from the plaintiff to the 1st defendant.
  4. What are the remedies available?

Orders

  • It is declared that the plaintiff is the rightful owner of the land comprised in Kyaddondo Block 221, Plot 481 at Naalya.
  • The Registrar of Titles is directed to cancel the names of the 1st defendant (Teriyeitu Juvenal Joseph) from the certificate of title to the land comprised in Kyaddondo Block 221 Plot 481 at Naalya and reinstate the names of the plaintiff (Akwero Getrude Alori) as proprietor of the same.
  • The Registrar of Titles is directed to dislodge any caveats lodged by the 1st defendant on the said land.
  • The 1st and 2nd defendants shall pay to the plaintiff a sum of UGX 30 million as general damages.
  • The 1st and 2nd defendants shall pay interest on the general damages at court rate from date of judgment till payment in full.
  • The 1st and 2nd defendants shall pay costs of the case to the plaintiff.

Rules and key headnotes

Land & Property — Fraudulent Transfer — Forged Documents — Cancellation of Title
Where land is transferred on the basis of forged documents including sale agreements, transfer forms, and false identification, the court will order cancellation of the fraudulent registration and reinstatement of the rightful owner's name on the certificate of title under sections 160 and 161 of the Registration of Titles Act.
Land & Property — Bonafide Purchaser for Value — Purchase from Unregistered Owner — Duty of Inquiry
A person who purchases land from someone who is neither a registered owner nor in possession cannot claim to be a bonafide purchaser for value. The defence of bonafide purchaser is applicable only to persons who purchase from registered owners and are guided by the register.
Land & Property — Bonafide Purchaser — Failure to Inquire from Occupants — Imputed Fraud
A person who purchases land which he knows to be in occupation and use of another other than the vendor, without carrying out due inquiries from the persons in occupation, commits fraud. Failure to make reasonable inquiries from persons in possession and use of the land imputes fraud.
Tort Law — Fraud — Elements — False Representation and Dishonesty
Fraud is a false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations or by concealment of that which deceives and is intended to deceive another so that he shall act upon it to his legal injury. To succeed in a case of fraud, the plaintiff must prove acts of dishonesty attributable to the defendant or that the defendant knew of such acts and took advantage of them.
Land & Property — Registrar of Titles — Liability — Bonafide Performance of Duty
Under section 159 of the Registration of Titles Act, neither the Registrar nor any person acting under his authority shall be liable to any action or proceeding for or in respect of any act or matter bonafide done or omitted to be done in the exercise or supposed exercise of any power or duty given or imposed by the Act. Where there is no evidence of malicious intent or deliberate ignoring of known forgeries, the Registrar is not liable for fraudulent transfers effected through forged documents.

Legislation cited (9)

Cases cited (5)

  • Fredrick Zaabwe v Orient Bank Ltd (Civil Appeal No. 4 of 2006)
  • Kampala Bottlers Ltd v Domanico (U) Ltd (SCCA No. 22 of 1992)
  • Hannington Njuki v William Nyanzi (HCCS No. 434 of 1996)
  • Nabanoba Deziranta and Another v Kayiwa Joseph and Another (HCCS No. 496 of 2005)
  • Taylor vs. Stibbert 1803-13 ALLER 432

Full judgment

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

Akwero_Getrude_Alori_v_Teriyeitu_Juvenal_Joseph_and_Others_(Civil_Suit_No._249_of_2022)_[2025]_UGHCLD_82_(11_June_2025)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.