Bityo and 2 Others v Baingana and Others (Civil Suit No. 15 of 2020)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the plaintiffs' suit for fraud and cancellation of the defendant's certificate of title, finding no proof of fraud where the first plaintiff himself had gifted the land to the defendant and processed the title. The court held that a certificate of title is conclusive evidence of ownership and cannot be impeached absent proof of fraud attributable to the registered proprietor. The counterclaim succeeded, with the court declaring the defendant the lawful owner and awarding general damages of UGX 60,000,000 for denial of access to the property.

Outcome

Plaintiffs' suit dismissed. Counterclaim allowed with declaration of ownership in favour of defendant, permanent injunction granted, and general damages awarded.

Facts

The first and second plaintiffs were co-registered proprietors of land measuring 61.854 hectares. They sold 25 acres to the third plaintiff and gifted 5 acres to the defendant (their son). The first plaintiff processed a certificate of title for the defendant's 5 acres, but the surveyor erroneously created a title for 2 acres instead of 5 acres. The third plaintiff, when attempting to subdivide his 25 acres, discovered the defendant's title and alleged fraud. The first plaintiff testified at trial that he had gifted the defendant 5 acres and processed the title himself, and that the third plaintiff had encroached on the defendant's land. The defendant alleged the third plaintiff was a surrogate for another buyer, Arnest Kiiza. The counter defendants blocked the defendant's access to his land.

Issues

1. Whether the Plaintiffs have any claim against the Defendant in respect of the suit land comprised in Buruli LRV 1076, Plot 120, Folio 17, land at Kaitansa, Masindi District.
2. Whether the Counter Claimant is the lawful owner of the suit land.
3. What remedies are available to the parties.

Orders

• Plaintiffs' suit against the Defendant dismissed with costs against the 2nd and 3rd Plaintiffs.
• A declaration that the Defendant/Counter Claimant is the legal owner of the property comprised in Buruli LRV 1076, Plot 120, Folio 17 land at Kaitansa, Masindi District.
• An order that the Counter Defendants stop any acts of blockage of the access road and enable the Counter Claimant access his property by reopening the access road.
• An order of permanent injunction restraining the Counter Defendants by themselves or their agents or employees from interfering with the Defendant's interest on the suit land and or intimidating or threatening violence onto the Counter Claimant's agents, servants and any person with his authority.
• General damages of UGX 60,000,000 awarded to the Defendant/Counter Claimant against the 1st, 2nd and 4th Counter Defendants.
• Interest at the rate of 8% per annum on general damages from the date of judgment till full payment.
• Costs of the counterclaim awarded to the Defendant/Counter Claimant against the 1st, 2nd and 4th Counter Defendants.

Rules and key headnotes

Legislation cited (5)

• Evidence Act s.101
• Evidence Act s.103
• Civil Procedure Rules O.6 r.3
• Civil Procedure Rules O.9 r.10
• Civil Procedure Act s.27

Cases cited (4)

• Nsubuga v Kavuma [1978] HCB 307
• Kampala Bottles Ltd v Damanico (U) Ltd (Supreme Court Civil Appeal No. 22 of 1992)
• Kafu Sugar Ltd and Another v Attorney General and 5 Others (High Court Civil Suit No. 55 of 2017)
• James Fredrick Nsubuga v Attorney General (High Court Civil Suit No. 013 of 1993)

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