Arthur Bunya Kironde and Others v Commissioner Land Registration and Senkasi George (HCT-17-CV-MC- 004 - 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court granted consequential orders under s.161 of the Registration of Titles Act directing the Commissioner Land Registration to cancel the fraudulent registration of Senkasi George and register the lawful administrators of the estate. The court held that an order stemming from a criminal conviction for forgery of letters of administration can form the basis for a consequential order to rectify the land register where the applicants have recovered the land by due process.
Outcome
Fraudulent registration cancelled and lawful administrators registered on the certificate of title
Facts
Arthur Bunya Kironde, Joshua Sendawula and Justine Nansikombi were appointed administrators of the estate of the late Yosiya Nkata Kironde under letters of administration granted in 2006. On 24 March 2016, Senkasi George fraudulently registered himself as son and administrator of the deceased's estate on land comprised in Bulemezi Block 400 Plot 60 at Mulunyiomu measuring 10.95 hectares. Senkasi was not a son of the deceased. The applicants caused his prosecution in Nakaseke Chief Magistrate's Court Criminal Case No.300 of 2016. Senkasi was convicted of forgery of letters of administration contrary to s.324 of the Penal Code Act and uttering false documents contrary to s.328. He forged a grant purportedly issued as Administration Cause No.653 of 2014, which he presented to the Registrar of Titles who relied on it to effect transfer of title. After serving his sentence, Senkasi's whereabouts became unknown. The title remained registered in his name, preventing the lawful administrators from passing good title to the estate beneficiaries.
Issues
- Whether the applicants are entitled to the consequential orders sought.
Orders
- The Commissioner Land Registration shall cancel and deregister the second respondent, Senkasi George from the certificate of title for land comprised in Bulemezi Block 400 Plot 60 at Mulunyiomu measuring 10.95 hectares on receipt of this order.
- The Commissioner Land Registration shall register the first, second and third applicants, Arthur Bunya Kironde, Joshua Sendawula and Justine Nansikombi respectively on the certificate of title for land comprised in Bulemezi Block 400 Plot 60 at Mulunyiomu measuring 10.95 hectares as administrators of the estate of the late Yosiya Nkata Kironde vide letters of administration HCT-00-CV-AC-1449-2006.
- No order as to costs.
Rules and key headnotes
Legislation cited (6)
Cases cited (2)
- Ssetuba Misairi v Registrar of Titles (Miscellaneous Cause No. 55 of 2011)
- Re Habib Lubwama [1991] HCB 74 (unreported)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.