Wakilii

Bisaso v Uganda Finance Trust Limited and Anor (Civil Suit No. 105 of 2016)

High Court · [2022] UGHCLD 88 · 2022 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 and removal of caveat
Decision
Plaintiff declared lawful owner of the suit land; caveat ordered removed; counter claim dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a gift intervivos was validly made where the donor purchased land, transferred it into the plaintiff's name with certificate of title issued, and all three requirements were satisfied: donor's intention to give, delivery of property, and donee's acceptance. Once registered as proprietor under a certificate of title, ownership is conclusive and indefeasible except for fraud. The donor cannot revoke a completed gift intervivos. The caveat lodged by the donor after the relationship breakdown was ordered removed and nominal damages awarded for pain and suffering.

Outcome

Plaintiff declared lawful owner of the suit land; caveat ordered removed; counter claim dismissed

Facts

The plaintiff and 2nd defendant were in a relationship for over 20 years. The 2nd defendant purchased land and transferred it to the plaintiff as a gift intervivos. A certificate of title was issued in the plaintiff's name. The plaintiff mortgaged the land to the 1st defendant as security for a loan to the 2nd defendant. After the mortgage was satisfied, the 1st defendant initially refused to release the certificate of title without instructions from the 2nd defendant. The title was eventually released, but the 2nd defendant lodged a caveat on the title and obtained an injunction preventing its removal. During the proceedings, the title was returned to the plaintiff. The 2nd defendant did not actively participate in the suit.

Issues

  1. Whether the 2nd Defendant is the lawful owner of the suit land.
  2. Whether the Plaintiff has any interest in the suit land.
  3. Whether the 1st Defendant's refusal to release a certificate of title to the Plaintiff was lawful.
  4. What remedies are available to the parties.

Orders

  • Judgment entered in favour of the Plaintiff.
  • Order for the Registrar of Titles to remove the caveat lodged on the suit land.
  • General damages awarded to the Plaintiff in the sum of UGX 10,000,000.
  • Costs of the suit awarded to the Plaintiff.
  • Costs of the counter claim awarded to the Plaintiff.
  • Counter claim dismissed.

Rules and key headnotes

Gift Intervivos — Essential Requirements for Validity
For a gift intervivos to be valid and irrevocable, three requirements must be satisfied: the donor must intend to give the gift, the property must be delivered, and the donee must accept the gift.
Gift Intervivos — Irrevocability of Completed Gift
Once the requirements for a gift intervivos are satisfied and the gift is completed by registration of the donee as proprietor with issuance of a certificate of title, the donor cannot subsequently revoke the gift.
Certificate of Title — Conclusive Evidence of Ownership — Indefeasibility
Under Section 59 of the Registration of Titles Act, a certificate of title is received in all courts as conclusive evidence of ownership by the person named as proprietor, and such title is indefeasible except upon proof of fraud under Section 176(c) of the Act.

Legislation cited (2)

Cases cited (2)

  • Joy Mukoba v Wambuwu (High Court Civil Appeal No. 55 of 2005)
  • John Katarikawe v William Katwiremu (1977) HCB 187

Full judgment

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

Bisaso_v_Uganda_Finance_Trust_Limited_and_Anor_(Civil_Suit_No._105_of_2016)_[2022]_UGHCLD_88_(22_April_2022)
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.