Wakilii

Bityo v Komweru and Others (CIVIL SUIT NO.227 OF 2022)

High Court · [2025] UGHC 231 · 2025 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of purchase price paid in fraudulent land sale transaction
Decision
Judgment entered in favour of the plaintiff against the 1st, 2nd & 3rd Defendants. Suit dismissed against the 4th, 5th & 6th Defendants. Certificate of title cancelled and land reverts to unregistered interest.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the 1st, 2nd, and 3rd Defendants orchestrated a fraudulent land sale by registering land in the name of a deceased person and selling it to the Plaintiff for UGX 396,000,000. The court found that a deceased person cannot acquire property after death, rendering the registration and subsequent transfer null and void. The Plaintiff was awarded recovery of the purchase price, general damages of UGX 50,000,000, interest, and costs. The court ordered cancellation of the fraudulent title.

Outcome

Judgment entered in favour of the plaintiff against the 1st, 2nd & 3rd Defendants. Suit dismissed against the 4th, 5th & 6th Defendants. Certificate of title cancelled and land reverts to unregistered interest.

Facts

In mid-2012, the 2nd and 3rd Defendants approached the Plaintiff offering land for sale, identifying the vendor as Kahwerire Dina. After negotiations and inspections, the Plaintiff purchased land comprised in Bugahya Block 20, Plot 72 for UGX 396,000,000, paying in instalments. The Plaintiff received the title and transfer forms and registered the land in his name. When attempting to take physical possession, the Plaintiff encountered resistance from Yosamu Kubalikenda who claimed customary ownership. Investigations revealed that Kahwerire Dina was the deceased mother of the 1st and 2nd Defendants who had died in 1998/1999, 12 years before the title was issued in 2010. The 1st Defendant, actually named Rosemary Komweru, had assumed her deceased mother's name and executed the sale agreement. The 2nd Defendant admitted he processed the title in the deceased's name to avoid claims from family members. The 3rd Defendant's bank account was used to receive the purchase price instalments.

Issues

  1. Whether the Defendants jointly and/or severally obtained a sum of UGX 396,000,000 from the plaintiff by false pretence and or through fraud.
  2. Whether the 1st and 2nd Defendants are liable to indemnify the 3rd Defendant (Counter claimant) against any liability resulting from the fraudulent transaction.
  3. What remedies are available to the parties.

Orders

  • The Plaintiff is entitled to recovery of UGX 396,000,000 paid to the 1st, 2nd & 3rd Defendants as failed consideration.
  • General damages of UGX 50,000,000 awarded to the Plaintiff.
  • Interest at the rate of 12% per annum on the special damages from the date of filing of the suit till full payment.
  • Interest of 12% per annum on general damages from the date of judgment till payment in full.
  • Costs of the suit awarded to the Plaintiff.
  • The suit against the 4th, 5th & 6th Defendants dismissed with no order as to costs.
  • The Commissioner Land Registration is directed to cancel the Certificate of title of Bugahya Block 20, Plot 72 land at Kaburamuro, Hoima in the names of the deceased Kahwerire Dina and subsequently in the names of the Plaintiff so that it reverts to an unregistered interest.
  • Counter claim dismissed with no order as to costs.

Rules and key headnotes

Land Registration — Registration in Name of Deceased Person — Nullity
A deceased person cannot acquire property after death, and registration of land in the name of a deceased person is null and void, as is any subsequent transfer of such title.
Fraud — Misrepresentation of Identity — Sale of Land
Where a person assumes the name of a deceased relative and executes a land sale agreement in that false name, such conduct amounts to fraud constituting an intentional perversion of truth to induce another to part with money.
Fraud — Concealment of Material Facts — Land Transaction
Fraud is established where defendants conceal vital information regarding disputed ownership and customary interests in land, thereby inducing a purchaser to part with the purchase price.
Sale of Land — Failed Consideration — Recovery
Where a land sale transaction is null and void due to fraud, the purchaser is entitled to recover the purchase price as failed consideration.
Burden of Proof — Fraud — Standard of Proof
Fraud must be specifically pleaded and strictly proved, the burden being heavier than the balance of probabilities generally applied in civil matters.
Special Damages — Proof Required
Special damages must be specifically pleaded and proved at trial by evidence both that the loss was incurred and that it was a direct result of the defendant's conduct.
General Damages — Assessment Factors
In assessing general damages, the court should be guided by the value of the subject matter, the economic inconvenience suffered, and the nature and extent of the loss or injury.

Legislation cited (4)

Cases cited (9)

  • Charles Karaithe Kiare & Ors v Administrator of the Estate of the late John Wallace Mathare & Ors (CACA No. 225 of 2006)
  • Sebuliba v Coop.Bank Ltd [1982] HCB 130
  • Jovelyn Barugahare v Attorney General (SCCA No. 28 of 1993)
  • Kampala Bottlers Ltd v Damanico (U) Ltd (SCCA No. 22 of 1992)
  • Fredrick Zaabwe v Orient Bank Ltd (SCCA No. 4 of 2006)
  • Joseph Musoke v DAPCB & Anor [1990-1994] 1 EA 419
  • Kibimba Rice Ltd v Umar Salim (SCCA No. 17 of 1992)
  • UCB v Kigozi [2002] 1 EA 305
  • Harbutt's Plasticine Ltd v Wayne Tank & pump Co. Ltd [1970] 1 QB 447

Full judgment

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

Bityo v Komweru and Others (CIVIL SUIT NO.227 OF 2022) [2025] UGHC 231 (3 February 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.